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The existence of pyrite and similar substances is a cause of concern to many home owners at present. The Pyrite Resolution Board was established by Government to assist homeowners in the East of Ireland, who found themselves in a similar situation, by establishing a scheme to secure the repair and certification of eligible houses affected by pyritic heave. No similar scheme has been established in the West of Ireland. Therefore house owners may be obliged to take legal action against those responsible for the damage in order to recover the costs associated with necessary remedial works.
As the scheme does not extend to the West of Ireland, many homeowners in the West, who find that their homes have been damaged as a result of pyrite, are considering their legal options.
The legal remedies available to a homeowner whose home has been effected by pyrite differ on a case by case basis. Homeowners fall broadly into three categories:-
- Those who constructed their own home by direct labour and purchased the building materials from a supplier;
- Those who entered into a building agreement with a builder to source the materials and build the house or purchased a new house directly from a builder;
- Those who purchased a second hand house.
The legal route available to each category of homeowner is entirely different.
Pyritic heave is now becoming evident in some properties which were constructed in and about 10 years ago. The Statute of Limitations provides that legal actions based on contract must be commenced within 6 years. This is a cause of concern for many homeowners who entered contracts either for the purchase of their home, its construction or the purchase of building materials in excess of 10 years ago. The High court has established that where a latent defect does not manifest itself within the 6 year time limit, a legal action can still be pursued if certain criteria are met
P O’Connor & Son is currently pursuing a number of legal actions in relation to damage caused by, inter alia, the presence of pyrite in building materials.
Is your property affected by the presence of Pyrite?
If your property may be affected we are happy to advise you in relation to your possible legal rights and entitlements. Please contact us at 094 9251333 or by email at law@poconsol.ie for an appointment.
We offer one initial free consultation to advise potential clients on the issues that may be of concern to them regarding their property.