Stormont to introduce 30-year timeframe for defective-building action

STORMONT is set to fast-track new laws introducing a 30-year timeframe for legal action to be taken on defective buildings, the Communities Minister has announced.

Gordon Lyons told Assembly colleagues yesterday he would be seeking approval from his Executive colleagues to further the legislation through Stormont’s ‘Accelerated Passage’ process.

The move would bring Northern Ireland into line with the rest of the UK, who currently have a 30-year timeframe in place for any legal action to be taken over defective buildings.

It comes after residents of Victoria Square apartments in Belfast city centre had their legal bid for compensation thrown out by the High Court as it fell outside of the current six-year timeframe.

The residents were forced to leave their homes in 2019, after structural issues were detected, but were still issued with rates bills and service charge demands for the properties.

The failed legal case had been taken against architects involved in the design and two building companies — all deny any liability.

Mr Lyons made reference to the case yesterday, saying: “The outcome of the recent High Court case pertaining to the apartments at Victoria Square highlighted a range of issues that adversely impact on our people.

“It acutely highlighted the disparity that exists between the benefits enjoyed by citizens elsewhere in the UK and the lack of those same protections offered here. However, this situation also offers an opportunity — for the Assembly and Executive to swiftly and decisively deliver for people in NI.

“Many in this chamber will remember the horrifying scenes when the Grenfell Tower tragedy claimed the lives of 72 people.

“Following an independent review in 2018, Parliament began the process of introducing new laws to provide adequate legislation and regulations, ensuring citizens and buildings are protected and safe. People in NI deserve these same protections.”

Mr Lyons indicated he would seek Executive approval to accelerate the legislation, but said he did not do so lightly.

“I respect the rights of this Assembly to have the normal time/ scrutiny processes. However, I believe it is right that this discrepancy between NI and elsewhere in the UK is resolved,” he added.

Responding to questions from MLAS, Mr Lyons would not be drawn on how long the legislation would take to progress or whether it would allow action struck out by the court to be taken again.

Mr Lyons said he was “not going to comment or get involved in ongoing matters”, adding: “It would be inappropriate for me to get involved in the specifics of that. I certainly hope it will become apparent to the member when the legislation is produced what exactly that will do.”

Asked by Sinn Fein’s Ciara Ferguson if he’d had direct engagement with the Victoria Square residents, Mr Lyons said he had not, but was prepared to do so.

“I’d be more than happy to meet with the residents and explain what it is that I am intending to bring forward,” he said, “but I would give one note of caution: I cannot, and no one would expect me to, get involved directly with a process that is ongoing.

“It’s a live civil matter, but I would like to think that my door is always open as a minister.”

Victoria Square apartment owner Patrick Mckeague welcomed the minister’s announcement but did not know how it would affect the case.

He said: “Retrospectively, I am not sure how much it helps us with the court case, but it is a great plus to think we are going to be in line with the rest of the UK with a 30-year limitation period.

“Hopefully they will be able to expedite it and get it through Stormont as quickly as possible.

“Get it all signed, sealed and delivered and not leave it sitting on the shelf for a few years.”

Ulster Garden Villages, which owns 54 of the 91 Victoria Square apartments (the remaining properties are owned by individuals), also welcomed the news.

The charity said: “Having only received judgment a little over a month ago, this is very welcome news indeed and will bring NI legislation on a par with that of England and Wales.

“We now ask that all political parties work together to accelerate the passage of this legislation, in the hope that a resolution may be found for the owners of the Victoria Square apartments.”

In a statement, the Victoria Square management company wrote: “Over the last few weeks, local ministers have responded to the emerging situation in relation to the Victoria Square apartments with clarity and urgency.

“We hope that the agreement to bring forward accelerated legislation is supported at all stages by the parties in the Assembly.

“We will remain engaged with ministers and political parties as we continue to seek a long-term resolution to this difficult issue.”

‘I believe it is right that this discrepancy between NI and the rest of the UK is resolved’