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Selling a house and the MUD act 2011

  • 25-11-2012 01:53PM
    #1
    Lantus
    Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭


    A hypothetical one here as my reading into this cannot clarify the answer.


    In an estate where properties were built and sold prior to 2011 and the common areas have not been vested over the managment company, can any current or future house sale take place until this has happened? There is also the issue of all the other contracts and certificates that a developer should hand over to the OMC and if these are not in place (fire certificates for example) can a house sale take place?

    Any takers??


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,270 ✭✭✭✭Paulw


    The reality is that sales are happening. People are buying and selling units within managed developments, even without the common area being handed over, as per the MUD Act 2011.


  • #3
    Lantus
    Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    Paulw wrote: »
    The reality is that sales are happening. People are buying and selling units within managed developments, even without the common area being handed over, as per the MUD Act 2011.

    Is the 'reality' the correct legal position or is just ignorance and a belief that people can do it and just get away with it? i.e. no one really cares that much.


  • #4
    Paulw
    Registered Users, Registered Users 2 Posts: 13,270 ✭✭✭✭Paulw


    Lantus wrote: »
    Is the 'reality' the correct legal position or is just ignorance and a belief that people can do it and just get away with it? i.e. no one really cares that much.

    I doubt that so many solicitors are ignorant of the MUD.

    In theory, you can't sell the property. However, also in theory, according to the MUD, the developer had until Oct 2011 to hand over the common areas to manegement companies where the development was completed. I am not aware of any situations where that has happened either.


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