Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 17:

In page 39, to delete lines 15 to 22 and substitute the following:

"(a) a building owner fails within a reasonable time to—

(i) make good damage under subsection (2)(a), the adjoining owner may apply to the court for an order requiring the damage to be made good and on such application the court may make such order as it thinks fit,

or

(ii) reimburse costs and expenses under subsection (2)(a) or to pay reasonable costs or compensation under subsection (2)(b), the adjoining owner may recover such costs, expenses or compensation as a simple contract debt in a court of competent jurisdiction.".

This amendment arises from issues raised by both Deputy Tuffy and Deputy Charles Flanagan, on Committee Stage.

Section 44 provides a new mechanism by means of which a building owner may carry out works to a party structure. However, if the builder fails to make good any damage done to the property of the adjoining owner or to pay reasonable costs for having the damage repaired, the adjoining owner must have the appropriate remedy. The amendment I am proposing makes it clear that the adjoining owner may apply to the court for an order requiring that any damage be made good. If the building owner fails to do so within a reasonable time or alternatively if the building owner fails to reimburse the costs of expenses for doing so within a reasonable period, the adjoining owner may recover the costs and expenses as a simple contract debt.

The new element in this revised text refers to the possibility of an adjoining owner obtaining a court order requiring that any damage done by the building owner be made good. I believe it takes care of the issues raised by the two Deputies.

See this speech in context