Common Areas not handed over prevents sale of Apartment

EllaC

I've just heard from someone who is trying to sell their apartment that the sale will not go through due to common areas not being handed over by developer.

Apparently the MUD Act states this must happen before a sale can go through

Has anyone else's sale been prevented by common areas not being handed over?

TheDriver

didn't think so, i was asked about it in my sale but its more a buyer beware issue really was my understanding. Buyers solicitor just wanted to make sure the estate wasn't a ghost estate etc.
But others might have better understanding

EllaC

So am I correct in assuming that it's not mandatory to have the common areas handed over by the developer before a sale can go through?

Paulw

Our common area hasn't been handed over, and units have been bought and sold over the years.

I never heard that before, and can't see how it's in the MUD, since it has a timeframe of handover of the common areas, once the development is finished.

EllaC

Paulaw - are you sure apartments have definitely sold in your development since the MUD Act came into force?

In the development I'm talking about - the developer may still own some apartments and although it's a well established and well run development there are still a few outstanding snag issues (minor ones I think) needing to be rectified. Do any of these issues contravene the Mud act and can therefore legally prevent apartments from selling?

Paulw

Actually, just re-reading the act, you may be correct - that a unit can't be sold.

Check Section 3, subsection 1, b.
http://www.irishstatutebook.ie/2011/en/act/pub/0002/sec0003.html#sec3