Access To New Apartment

godtabh

Recently bought a new apartment and at the end of each month I head up to the site and have a quick look around and take a few photos.

I've been doing this since the end of March and had planned doing this till the place was ready.

Today I was up there and I was asked to leave. The security guard said I shouldn't be there.

I said fine and left.

Just wondering though am I entitled to have a look around while its been built?

I never went beond the construction fences and stayed in the common areas so I dont see why I was asked to leave.

Before I get my nickers in a twist does any one know where I stand.

wyndham

Why are you taking photos?
Would have done the same if I was the security guard in fairness. He has no idea who you are.

godtabh

Just keeping an eye on progress and checking to make sure everything is ok.

I have concerns about some stuff which I posted in the engineerng section.

I could understand if I was in where I shouldnt be but I wasnt. I was on the footpath of the exisiting builidings.

Lex Luthor

you really shouldn't be going onto a private construction site....and if you are allowed, you need to have a hard hat, visi vest and safety shoes. Having said that, I was at the site yestrday where my place is being built and the guys let me in and walk around inside the house.

What kind of photos are you able to get anyway that are of any interest to you?

fintan

It really comes down to insurance.

If you have not been invited by the builder onto the site, you are trespassing and are not insured.

But a lot of builders will oblige and let you in to measure up have a look around.

Cheers
Fintan

godtabh

Lex Luthor wrote:

you really shouldn't be going onto a private construction site....and if you are allowed, you need to have a hard hat, visi vest and safety shoes. Having said that, I was at the site yestrday where my place is being built and the guys let me in and walk around inside the house.

What kind of photos are you able to get anyway that are of any interest to you?

As I've said in my other posts I was in the common area of the exisitng houses. I didnt enter into the building site.

And if I was going on site I do have me hard hat high vis vest and safety shoes. I also have a safe pass.

For the photos as I siad before I was just checking out that everything was up to scratch.

I've spent a lot of money on the apartment so I think its in my own interest to make sure eveything is going ok.

Check out the engineering forum for some reasons as well

fintan wrote:

If you have not been invited by the builder onto the site, you are trespassing and are not insured.

I never went on site.

antoinolachtnai

Well, were you on private property or not? If it was private property, is there a right of way?

The law on trespass is an interesting thing.

Do you think the security man shooed you away because you were there, or because you were taking photos?

Lex Luthor

well if you weren't on the construction site, then next time I'd tell him to **** OFF. (politely)

Collie D

If you were on public property then he has no right to move you but he was probably concerned as to why you were taking photos. Only reasonable explanation I can think of is that the security guard was just being a p***k.

godtabh

I dont think he was being a pr!uck. Kept on saying his boss would kick his ass if he saw me on site.

I had been speaking to another security gurad when I bought the place in march and he was telling me that the place was broken into a few times by vandals and maybe he thought i was one.

Collie D

One of those intelligent vandals who photograph their handiwork so they have a nailed shut case if/when they are caught? ;o)

godtabh

Collie D wrote:

One of those intelligent vandals who photograph their handiwork so they have a nailed shut case if/when they are caught? ;o)

I was wearing my sunday best up taking them photos yesterday. I'm so innocent I wouldnt know how to vandalise anything!

godtabh

Just to prove (I hope!) that I wasnt inside the constructio site this picture sows the fence (2 vertical lines) which I took the photo on the opposite side of the site i.e on the public side.

It also showed one of the reasons its a good idea, where possibel, to check up on a new build.

EKRIUQ

kearnsr wrote:

Recently bought a new apartment and at the end of each month I head up to the site and have a quick look around and take a few photos.

I've been doing this since the end of March and had planned doing this till the place was ready.

Today I was up there and I was asked to leave. The security guard said I shouldn't be there.

I said fine and left.

Just wondering though am I entitled to have a look around while its been built?

I never went beond the construction fences and stayed in the common areas so I dont see why I was asked to leave.

Before I get my nickers in a twist does any one know where I stand.

Just to get back to the point, you say you bought an apartment so by the way your expressing your self I imagine that you have handed over all the money and the deal is just done and dusted which in this case you have every right to take photo's

But if this sale is in progress and due to our great property laws this means nothing is final until all contracts are signed then its purely at the builders own discretion weather he wants you on site or not as he still owns the property.

It might be a sugestion to ask for permission first I'm sure he won't say no if your buying one to taking a few photos.

godtabh

BingoBongo wrote:

Just to get back to the point, you say you bought an apartment so by the way your expressing your self I imagine that you have handed over all the money and the deal is just done and dusted which in this case you have every right to take photo's

But if this sale is in progress and due to our great property laws this means nothing is final until all contracts are signed then its purely at the builders own discretion weather he wants you on site or not as he still owns the property.

It might be a sugestion to ask for permission first I'm sure he won't say no if your buying one to taking a few photos.

Contracts have be signed and am waiting for the builder to finish. Remainder of money to be paid on completion.

babaduck

kearnsr wrote:

Contracts have be signed and am waiting for the builder to finish. Remainder of money to be paid on completion.

And therein lies the crux - you may have signed a binding contract, but until you hand over the balance, you do NOT own the apartment and have no god-given right to access site as and when you feel necessary

godtabh

babaduck wrote:

no god-given right to access site as and when you feel necessary

How many times does it have to be said.. I didnt go on site.

jd

kearnsr wrote:

How many times does it have to be said.. I didnt go on site.

So where were you? If you were in an adjacent development, I'd guess only that developments managing company or its agents could ask you to leave.

godtabh

jd wrote:

So where were you? If you were in an adjacent development, I'd guess only that developments managing company or its agents could ask you to leave.

I was on a public footpath/road looking in on the site

antoinolachtnai

are you certain it was a public road? It sounds silly, but it might still be owned by the developer, although the RoW may not have been ceded. You are perfectly entitled to take all the photos you want of an unoccupied building from the public road.

If you are fairly certain it is a public road I think you should consider standing your ground next time. If the developer wants you to leave he can either get an injunction to prevent you from entering the property or he can call the Gardai and ask you to leave the property. To do either of these things he is going to have to satisfy someone that he actually does own the property you are standing on.

NB: this is not legal advice, you should get your own legal advice if you think you need it. Obviously you have to decide what to do yourself.

a.

godtabh

antoinolachtnai wrote:

are you certain it was a public road? It sounds silly, but it might still be owned by the developer, although the RoW may not have been ceded. You are perfectly entitled to take all the photos you want of an unoccupied building from the public road.

If you are fairly certain it is a public road I think you should consider standing your ground next time. If the developer wants you to leave he can either get an injunction to prevent you from entering the property or he can call the Gardai and ask you to leave the property. To do either of these things he is going to have to satisfy someone that he actually does own the property you are standing on.

NB: this is not legal advice, you should get your own legal advice if you think you need it. Obviously you have to decide what to do yourself.

a.

Thats a good point about if it has been handed over or not. That I'm not sure of.

Even if it is I dont want to be upsetting the developer has he could make a bags of my place which I dont want. I just want to be able to look after my own interests and make sure everything is done to a correctly.

crybaby

im fairly sure theres no problem with what you did and I would guess that the security guard was just being overly cautious