two of my friends are arguing about the multi unit development (MUD) Act and whether or not it applies to pre63 properties split into more than 5 units… Hard to imagine that it would since all the units are presumably in the ownership of 1 person… but the act itself doesn’t seem to be clear on it… does anyone have any experience of this?
(it’s of no financial interest to me but the guy who claims it doesn’t really hopes so now since it could have substantial implications for his business!!)
It doesn’t apply to the typical pre 63 multiple bedsits owned by one landlord scenario. The definitions could be clearer but it only applies where units are or are intended to be sold. Have a look at the definition of “development stage” in particular:
irishstatutebook.ie/2011/en/ … .html#sec1
thanks for that, your thoughts and mine are similar. From a very cursory glance it does seem to suggest that the dispute resolution elements of the MUD Act don’t apply to Pre63 developments which I am a bit surprised at…
Why would they apply? Dispute resolution presupposes that you have multiple owners between whom to have a dispute. Unless there’s a split personality you can’t have a dispute between a single owner.
as I said I gave this document quite a cursary glance but if I am interpreting it correctly the link you posted suggests that disputes between those enjoying and providing the common areas could be dealt with under this Act (and it does not presuppose that you have multiple owners between whom to have a dispute).
In the case of a Pre63 you might have 1 owner but several different tenants who can be difficult to deal with (if my memories from living in flatland during my college days are correct!)… hence disputes might be possible even without a split personality owner… such as 2 tenants arguing over access to a washing machine… stopping the landlord coming in and renting out the garden to someone not living in the block and so reducing the living conditions of the tenants, etc. The act also highlights issues like the creation of house rules which are binding on tenants…if I was still living in a flat I would certainly like to have some level of input into changes to the house rules…
The obligations envisaged by the Act are entirely incompatible with the pre 63 scenario. You need to read the Act as a whole rather than focusing on a particular definition to the exclusion of the remainder. Ask yourself whether your interpretation would require e.g. that tenants should contribute to a sinking fund.