In a letter residents were told “a structural issue” had been identified and a repair would take 20 weeks to complete.
Despite being unable to return to their properties residents continued having to pay rates, buildings insurance, a service charge, and in some cases, mortgage payments.
The builders of the apartments, which opened in 2008, Farrans and Gilbert and Ash, along with architects involved in the building, have denied any liability.
Representing the plaintiffs, who include 30 private residents as well as the charity Ulster Garden Villages, Sean Brannigan KC said: “They are completely innocent. Some of them will face ruin as a result of what has happened.
“One of the plaintiffs is a charity and the remaining are residents, who will be left literally without the buildings they have paid for and ongoing liability for a building which will ultimately have to be demolished.”
Mr Justice Huddleston said he appreciated there was “a lot of human pain involved in this action”, but that he had to apply the law as he found it, saying: “I conclude they are caught by the six-year time limit.”
In England and Wales, owners of properties that are found to be defective have 30 years to make a claim.
The plaintiffs’ barrister, Mr Brannigan, asked the judge to delay imposing his judgment for six months in the hope that the legislation in Northern Ireland might be updated to reflect the law in England and Wales.
The judge dismissed his request, but suggested it might be possible for a further claim to be brought by the company who manage the development, or by the owners, if suitable legislation was brought in by the Northern Ireland legislature.
Speaking on behalf of the apartment owners after the hearing, solicitor James Turner said: “The owners of Victoria Square which include a charity and more than 30 individuals are completely blameless victims in this failure to address the problems”.
He said they were “now victims twice over as a result of the failure of the legislature to act quickly to give home owners in Northern Ireland the same basic protection against dangerous buildings as homeowners enjoy in England and Wales”.
“In those regions, the government has moved to protect owners and residents by extending the time they have available to get those responsible for building defects and their insurers to put things right,” he added.
He said the Victoria Square apartment owners would now take time to consider the High Court judgment and assess their options.
Holy fuck, really feel for the residents affected by this. Basically they’ll own nothing or paying mortgages on nothing now. Fucking hell we are so backwards in our laws.
2 comments
**Owners of apartments that have been deemed defective at Belfast’s Victoria Square complex have had their claim for compensation struck out.**
A High Court judge said he acknowledged the “trauma” endured by those affected.
However, he said could not advance their case because, under the law, such claims must be made within six years of a building being completed.
Residents were forced to vacate their apartments [in April 2019 due to safety reasons.](https://www.bbc.co.uk/news/uk-northern-ireland-47886829)
In a letter residents were told “a structural issue” had been identified and a repair would take 20 weeks to complete.
Despite being unable to return to their properties residents continued having to pay rates, buildings insurance, a service charge, and in some cases, mortgage payments.
The builders of the apartments, which opened in 2008, Farrans and Gilbert and Ash, along with architects involved in the building, have denied any liability.
Representing the plaintiffs, who include 30 private residents as well as the charity Ulster Garden Villages, Sean Brannigan KC said: “They are completely innocent. Some of them will face ruin as a result of what has happened.
“One of the plaintiffs is a charity and the remaining are residents, who will be left literally without the buildings they have paid for and ongoing liability for a building which will ultimately have to be demolished.”
Mr Justice Huddleston said he appreciated there was “a lot of human pain involved in this action”, but that he had to apply the law as he found it, saying: “I conclude they are caught by the six-year time limit.”
In England and Wales, owners of properties that are found to be defective have 30 years to make a claim.
The plaintiffs’ barrister, Mr Brannigan, asked the judge to delay imposing his judgment for six months in the hope that the legislation in Northern Ireland might be updated to reflect the law in England and Wales.
The judge dismissed his request, but suggested it might be possible for a further claim to be brought by the company who manage the development, or by the owners, if suitable legislation was brought in by the Northern Ireland legislature.
Speaking on behalf of the apartment owners after the hearing, solicitor James Turner said: “The owners of Victoria Square which include a charity and more than 30 individuals are completely blameless victims in this failure to address the problems”.
He said they were “now victims twice over as a result of the failure of the legislature to act quickly to give home owners in Northern Ireland the same basic protection against dangerous buildings as homeowners enjoy in England and Wales”.
“In those regions, the government has moved to protect owners and residents by extending the time they have available to get those responsible for building defects and their insurers to put things right,” he added.
He said the Victoria Square apartment owners would now take time to consider the High Court judgment and assess their options.
Holy fuck, really feel for the residents affected by this. Basically they’ll own nothing or paying mortgages on nothing now. Fucking hell we are so backwards in our laws.