Breaking the mould - SURVEYORSJOURNAL - Eliminating condensation - Society of Chartered Surveyors Ireland
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SURVEYORSJOURNAL Volume 7 | Issue 2 | Summer 2017
Breaking
the mould
Eliminating condensation
CONTENTS
16
Society of Chartered
Surveyors Ireland,
38 Merrion Square,
Dublin 2.
Tel: 01-644 5500 12
Email: info@scsi.ie
Web: www.scsi.ie
Áine Myler, Director General
EDITORIAL BOARD
Chairman:
Tom Dunne DIT
Members:
Deirdre Costello Jones Lang LaSalle
John Costello Costello Commercial
Tom Cullen Think Media
Brian Gilson Lisney
Frank Harrington Smith Harrington
Paul Mooney Strathmore Ivernia Ltd
Paul O'Grady Think Media
Ronan O’Hara Sherry FitzGerald 22
Rowena Quinn Hunters
Andrew Ramsey McGovern Surveyors
Paddy Shine Dublin City Council
Claire Solon Friends First
John Vaudin WK Nowlan & Associates
PUBLISHERS
Published on behalf of the Society
of Chartered Surveyors Ireland
by Think Media Ltd
Editorial: Ann-Marie Hardiman
24
Paul O’Grady
Colm Quinn
Design: Tony Byrne
Tom Cullen
Niamh Short
26
Advertising: Paul O’Grady
www.scsi.ie President's message 4 Judgments throw light on 22
landlord/tenant issues
Views expressed by contributors or Editorial 5
correspondents are not necessarily Shock to farming incomes 24
those of the Society of Chartered Business news 6 impacting on land market
Surveyors Ireland or the publisher
and neither the Society of Chartered Future of our profession – Auditing is here 26
Surveyors Ireland nor the publisher 2017 National Conference report 12
accept any responsibility for them.
A day in the life – Gerry Murtagh 29
Interview with John Moran 16 Society news 30
The Surveyors Journal is printed on
Breaking the mould 20 The last word 34
recycled paper.
Letters, comments and articles are welcome
All submissions will be considered by the Editorial Board: info@scsi.ie
SURVEYORS JOURNAL
Volume 7, Issue 2, Summer 2017
3
PRESIDENT’S MESSAGE
Supporting the community of surveyors
The SCSI and its members have a vital
role to play in helping Ireland to
achieve sustainable growth.
As I start my term as President I want to firstly express my sincere needs of the different disciplines within the SCSI must be a priority.
thanks to our outgoing President, Claire Solon. Claire has shown We must ensure that we are advocating on behalf of the broad SCSI
great leadership in the last year and has contributed significantly to family as a strong professional body, addressing the issues of
our vibrant Society through her vision and drive. Dublin, where there is clearly strong growth and opportunity, and
As a Chartered Geomatics Surveyor, and Chief Executive Officer and the regions, where that growth is not as obvious or being felt
Chief Survey Officer of Ordnance Survey Ireland (OSi), I come from evenly on the ground.
a long and proud tradition of public servants whose role has been Thirdly, I believe in ensuring that as a profession we actively pursue
to survey the land to enable much of the development that has an agenda of technological and innovative work practices critical to
taken place over the last 190 years. During my term as President I building a sustainable profession and successful careers for our
hope to show the important role that geospatial information can members now and in the future. As a Society we cannot bury our
play in all areas of surveying for the benefit of members, clients and heads in the sand in the areas of technological developments and
society. innovation. To remain relevant we must be adopters of technology,
As a Chartered Surveyor coming from one of the smaller which can free us up to provide additional and enhanced support
Professional Groups in this great Society, I am convinced that what to our stakeholders and clients.
we have in common as a community of surveyors provides strong As the first ever President of our Society to come from the
opportunities for collaboration and growth for our profession. I am Geomatics Surveying Professional Group, I am very pleased to
anxious that we continue to be seen as a successful organisation represent the broader profession of Chartered Surveyors. I am
serving its members, and that the SCSI remains an aligned, committed to our strategic objectives and believe that we must
member-centric and vibrant organisation driving diversity, focus on how our different disciplines within the Society work
innovation and change. together to effectively manage our built environment.
We must as a Society play our role in reinvigorating and supporting
Strategy Ireland in achieving a balanced, sustainable and rewarding
I intend as President to continue the strategy set in motion by my environment of growth and development.
predecessors. In doing so, I believe that we need to focus on three
key areas. Firstly, it is our role as managers of the landscape lifecycle
to ensure that we have clarity about how our different disciplines
within the Society work together to effectively manage our built
environment. I have spoken to the Director General about how we
might bring together a group to research and codify the differing
elements of our profession and outline graphically where and how
we support each other and overlap in our work as a means of
enhancing the understanding and profile of our profession. Colin Bray
Secondly, membership engagement and connecting with the President
organisation nationally and regionally to ensure we balance the Society of Chartered Surveyors Ireland
SURVEYORS JOURNAL
4 Volume 7, Issue 2, Summer 2017
EDITORIAL THIS ISSUE IN NUMBERS
Looking to the future
The increasing numbers qualifying as Projec
Projected over-65s
Charted Surveyors is cause for optimism in population by 2050
popul
these uncertain times.
As the economy continues to recover, Chartered Surveyors are getting
1.5m (page 17)
(pag
busier and making their contribution to economic growth. It is good to
see that in 2017, 116 graduates applied for Final Assessment of their
APC, of which 98 were successful. Congratulations to them. This is a
large number of new Chartered Surveyors. They are qualifying into a
profession where there is great demand and, given the shortage of
accommodation and the deficit in infrastructure, there is every likelihood
that the numbers will grow in future. This means that the Society will be
strengthened and hopefully many of these young surveyors will get
involved in the Society and contribute to its work of developing the
profession in Ireland. Percentage reduction in
As reported in this edition of the Surveyors Journal, at the National values for larger land plot
Conference, Daniel Susskind, co-author of The Future of the Professions, sizes in Munster, according
spoke about the prospect of machines displacing professionals. He 20 to Teagasc/SCSI report
pointed out that if the growth in computer processing power is
continuous, in the near enough future a computer will have the (page 25)
processing power of the human brain. Quite often in the media,
speculative pieces can be seen where it is said that specific professions
are particularly threatened by all this. It seems unlikely, however, that the
particular set of skills possessed by Chartered Surveyors is in the
immediate firing line. A lot of surveyors are engaged in negotiation,
which is an essentially human activity that will probably not be amenable
to machine power. Only time will tell.
At what was a successful and clearly interesting conference, John Moran,
the former Secretary General of the Department of Finance, also spoke, Numb of companies
Number
saying that we need a complete rethink of how we build our country audited by the PSRA so far
audite
and plan for the future. Tellingly, he pointed out that it’s very hard to
think of a good example of Irish town development or urban 286 in 2017
201
development since probably the foundation of the State. There are of (page 26)
course some examples, e.g., Marino in Dublin, on the north side of the
city, the first significant building scheme by Dublin Corporation, now
Dublin City Council, after independence. In a time of housing shortage
it’s worth remembering that the first government of the State, under
Liam Cosgrave, built an estimated 26,000 houses, while twice as many
were built within the first five years of the subsequent Fianna Fáil
administration. There is a lesson here somewhere.
The National Planning Framework document will be out shortly and it
will be important for surveyors to make a contribution to the debate Percen
Percentage of PSPs found to
about physical growth that will ensue. be com
compliant by the PSRA in
76
2017
(page 26)
Tom Dunne
Editor
SURVEYORS JOURNAL
Volume 7, Issue 2, Summer 2017
5
BUSINESS NEWS
House sales rise by 5%
A new analysis of the Property Price Register by MyHome.ie for Q1
of 2017 has revealed a 5% increase in sales nationwide. The largest
jump in sales was by 35.4% in Cavan, closely followed by a 35% rise
in Clare.
Sales were up by 5.7% in Dublin and increased significantly in the
Darren Reddy, surrounding counties, rising by 17.3%, 25.5%, 32.3% and 8.3% in
Chartered Building Surveyor, Wicklow, Kildare, Meath and Louth, respectively.
joins McGovern Surveyors MyHome.ie puts the large rises in the commuter belt down to the
lack of properties in Dublin. Angela Keegan, Managing Director of
as Director of Project the website, said: “We’re all aware of the shortage of properties in
Management Dublin and the resulting higher prices, so it’s clear buyers have
decided – or have been forced – to opt for more affordable
properties in neighbouring counties.
“While often the properties outside Dublin are bigger and newer the
downside is the commute”.
She said the figures show that the Irish property market is facing
more splits than the traditional capital/country divide: “Sales in
Donegal are down 21%, in Sligo it's 8% and in Mayo it’s 17%.
Further south they are down 16% in Limerick and 8% in Kerry.
Interestingly, Clare is up 35%, while Galway is up 9% and
Westmeath is up 30%.
“These figures show that the Irish property market is no longer just
Dublin and the rest of the country, but has fragmented into a
number of micro markets, which move in response to a variety of
Pat McGovern with fellow directors Darren Reddy and Andrew Ramsey. local and national factors”.
Established in 1991, independent New appointment at Scollard Doyle
building surveying firm McGovern
Scollard Doyle is delighted to
Surveyors provides the following announce the appointment of
David Bernie as a director of
professional services: the company. David, who is a
Chartered Quantity Surveyor,
Building Surveyor and
■ Building Surveys respected project manager,
has over 16 years’ experience
■ Schedules of Dilapidations
across the construction
■ Schedule of Condition industry. Since joining
■ Building Defect Analysis Scollard Doyle, David has
■ Project Management supported the expansion of
■ Assigned Certifier the business to over 20
■ Land surveying people. Having worked with
some of the world’s leading
consultancies and in locations
such as Sydney, Paris, London
and Dublin, David brings an enormous wealth of experience,
particularly within the commercial, fit-out, hotel and leisure
sectors, to the Scollard Doyle board of management. David has
recently completed project management responsibilities for Bank
of Ireland on the new office facility at Baggot Plaza, and is
currently working on The Irish Stock Exchange, as well as Dublin
Landings with Ballymore Group and Oxley Holdings.
SURVEYORS JOURNAL
6 Volume 7, Issue 2, Summer 2017
BUSINESS NEWS
mckenna on the move
mckenna + associates, a leading building surveying and
architectural firm, has officially opened the doors to the
company's new office in Trim, Co. Meath.
Based on High Street, the company, which is home to a team
of Chartered Building Surveyors and registered architects, has
gone through a steady growth phase over the past 11 years,
expanding to a team of seven people, and with plans to
employ an additional two people over the coming months.
Speaking at the opening, Michael McKenna, Director, said:
“We’ve over 50 years' combined experience in our office and
we are now bringing that expertise to a new, modern and
updated facility in Trim”.
Ciara McKenna, Brand Manager at mckenna + associates, said:
“We have taken this opportunity to strengthen and modernise
our brand identity to reveal a sleeker, stronger and more
streamlined look. We wanted to let people know who we are,
and feel confident and assured that they have chosen the
right company to work with on their project no matter how
big or small that is”.
Share your news with us
The Surveyors Journal is happy to accept short submissions from
members on new developments in their business, including the
announcement of new appointments or promotions. If you have
some news you would like us to consider for publication, please
send it to ann-marie@thinkmedia.ie. Please note that submissions
may be edited, as space is limited.
SURVEYORS JOURNAL
Volume 7, Issue 2, Summer 2017
7
BUSINESS NEWS PROPERTY
Ten years for
Building Consultancy
The Building Consultancy is celebrating
its tenth anniversary this year. The
company was established in 2007 as an
independently owned and operated Irish
company to provide commercial
building surveying and design services.
The company is currently based at Peter
Row in Dublin city centre.
The Building Consultancy’s team. Back row
(from left): Paul Finlay, Chartered Building
Surveyor; Eamonn McMullen, surveyor; Hugh
Holt, Director; Karl O’Donovan, Director; and,
Alan Baldwin, Director. Middle row (from left):
David Murray, Chartered Building Surveyor; and,
Ken Mulligan, Director. Front row (from left):
Emanuela Cepoiu, interior architect; and, Claire
Devlin, surveyor.
New project manager at McGovern
Darren Reddy is a Chartered
Building Surveyor and has
recently joined McGovern
Surveyors to head up the
project management team.
Over the past 15 years,
Darren has gained
experience working for
Cluttons, Faithful+Gould and
Knight Frank. He has also
worked with clients such as
Ulster Bank, Fitzwilliam REC
and Kennedy Wilson.
McGovern states that he has
experience in delivering large-scale refurbishment projects worth up to
€10m, and is currently involved in the subdividing of the Arnotts retail
space. Darren has also recently completed the full refurbishment of
15,000 sq/ft of office accommodation in Maple House in Blackrock,
acting as the client's project manager and providing the full range of
pre- and post-contract services. McGovern says the project has been a
massive success and the entire building was let within three months of
project completion.
The company believes Darren's key strength is in managing the project
team, and that he has excellent people management and
communication skills. McGovern states that these skills allow buy-in
from all stakeholders, which leads to a successful project delivered on
time and within budget.
Darren also has experience in the dilapidations realm, acting on the
landlord and tenant side in dilapidations settlement negotiations.
SURVEYORS JOURNAL
8 Volume 7, Issue 2, Summer 2017
BUSINESS NEWS
Ecocem appoints managing director
Ecocem Ireland Ltd, Ireland’s premier producer of high-
performance, low-carbon cement, has announced the
appointment of Micheál McKittrick as Managing Director, Ireland
and UK. Micheál has been appointed to the Irish firm at a time of
expansion both domestically and internationally. His role involves
the management of all aspects of the Irish and UK operations.
A Chartered Engineer and graduate of Trinity College Dublin,
Micheál previously worked in several senior roles with Atkins
consulting engineers.
An advocate of sustainable construction, Micheál fits very well into
the firm, where sustainability is at the core of its ethos. Micheál’s
appointment comes in the wake of the company’s further
expansion into the UK market.
Speaking from the company’s state-of-the-art facility in Dublin
Port, Micheál commented: “I look forward to expanding Ecocem’s
business domestically and internationally, and will continue to
develop the Irish markets of both bulk and bagged cement with
an increasing focus on innovative products to help deliver value to
our customers”.
The Authority
is acting
The Property Services Regulatory Authority (PSRA) began
auditing property service providers (PSPs) for compliance
with the Property Services (Regulation) Act, 2011, in
September last year, and has so far carried out over 400
audits, which is well ahead of its target of 200 per year.
All of the companies that were audited in 2016 were found
to be compliant with the Act. This high rate has held into
2017, with 76% of companies being fully compliant, and
the rest facing minor sanctions.A minor sanction can be
advice, a caution, a warning, a reprimand or any
combination of these four.
Auditing has taken place in every county, but has mainly
focused on Dublin and the surrounding areas up to now;
however, it will be spreading out soon. The PSRA says that
all PSPs can expect to be audited once every five years from
now on.
The PSRA issued a major sanction of €25,000 against a
company last year following a complaint and investigation.
It has so far had five successful prosecutions against
unlicensed operators and takes the matter very seriously,
with another case currently ongoing in the courts. Director
of the PSRA, Maeve Hogan, said: “Unlicensed operators do
not provide any consumer protection and have no place in a
regulated sector”.
SURVEYORS JOURNAL
Volume 7, Issue 2, Summer 2017
9
BUSINESS NEWS
‘3D Textbook’ in Ballymun
From left: Dessie Ellis TD; Cllr Áine Clancy; Carrie-Ann Moran, Programme Manager, Rediscover Fashion; Minister Denis Naughten TD, Minister for Communications,
Climate Action and Environment; and, Sarah Miller, CEO Rediscover Centre, at the official opening of the ‘3D Textbook’ Building.
Europe’s first purpose built ‘3D Textbook’ building was officially opened training programmes for local long-term unemployed people and those
in the Boiler House, Ballymun, Dublin, on May 11. Minister for distanced from the workplace. The Centre delivers an extensive education
Communications, Climate Action and Environment, Denis Naughten TD, programme at all levels, including interactive environmental and STEM
was there to open the facility. The original boiler house, which served the workshops, and has become a leading example in the field of innovative
residents of the old Ballymun flats, was environmentally redeveloped with efficiency and waste prevention. Speaking at the opening Minister
funds from the EU’s LIFE+ Programme. The building has many features Naughten said: "By training and upskilling local people for the modern
designed to conserve resources and demonstrates the latest research with economy, the Centre is helping people rediscover not just the value in
regard to environmental sustainability. All systems are visible and labelled the materials they are refurbishing and reusing but rediscovering their
from start to finish, giving the viewer an insight into the working of each own value as contributors to our community and economy”.
process. Dr Sarah Miller, CEO, Rediscovery Centre, said: “The Rediscovery Centre
The repurposed Ballymun Boiler House is the new HQ of the Rediscovery is very proud of this project, which demonstrates innovative reuse and is
Centre, a creative space that brings together the skills and expertise of an exemplary model of sustainability practice for Europe”.
many sections of the community for the purpose of sustainability through Earlier this year the project was awarded The Green Construction Award
resource efficiency and reuse. The Centre provides successful community of 2017 at the National Green Awards.
Kingspan has wastewater solutions
As of January 2017, the new Building Control Part H regulation –
SR66:2015 – states that all domestic sewage treatment plants for use
in Ireland must be compliant with the SR66:2015 standard,
including abiding to the European EN 12566 standard.
Kingspan Klargester’s entire range of domestic wastewater systems is
fully compliant, and will, according to the company, deliver piece of
mind to customers and ensure that new builds comply with SR66:
2015.
As one of the first Irish manufacturers to gain the new accreditation
across its entire BioFicient treatment plant and Gamma/Alpha septic
tank range, Kingspan Klargester says it has continually set the
standards in terms of designing and manufacturing the most enforcement of the standards of SR66:2015, our treatment solutions
technologically-advanced wastewater treatment solutions. were already compliant across the entire range. Building a new
David Best, Commercial Director at Kingspan Klargester, says: “At home or premises is an expensive process, which is why it’s
Kingspan Klargester we’ve always striven to design and manufacture important to make the correct choices from the ground up".
premium tried and tested wastewater management solutions, which The Kingspan Klargester range of waste treatment solutions is fully
is why when the guidance of SR66:2015 was amended to accredited and aligned to SR66:2015.
SURVEYORS JOURNAL
10 Volume 7, Issue 2, Summer 2017SCSI CONFERENCE LAND
Future of our profession
The SCSI National Conference was held outside Dublin for the first time in Carton House,
Co. Kildare, on March 31.*
SCSI President Claire Solon said in her opening remarks that the future relationship between the EU and the UK will be, companies are
was about being ready for uncertainty, that it held huge hope, but fears preparing for a hard Brexit. Similar uncertainty around what policies
also. Claire set out a number of challenges that she sees as affecting the President Donald Trump will introduce is making some companies hold
profession, with the housing shortage being the obvious one. She called off on investing.
for the cost of supplying units to be brought down, and criticised the Founder of recruitment agency CPL, Anne Heraty, spoke of the change
fact that repeated calls from the Society for this have so far gone going on in the world. She remarked that the largest ‘hotel’ in the world
unheeded. owns no property – Airbnb; the largest car company owns no cars –
Uber; and, the largest publisher produces none of its own content –
Future of business in Ireland Facebook. She noted how the top 10 in-demand jobs of today didn’t
The head of the IDA, Martin Shanahan, spoke about the future of exist 10 years ago.
business in Ireland. He is concerned about the supply of office space. He
thinks the situation will improve in Dublin but has concerns about
elsewhere, especially Galway. He said: “We want to increase investment
Claire Solon said in her opening remarks
outside of Dublin by 30-40%”. Residential building is becoming a pinch that the future was about being ready for
point and Martin said he will find it increasingly difficult to convince
investors that housing is coming, particularly in Dublin.
uncertainty, that it held huge hope, but
He explained that in the absence of knowing what the future fears also.
SURVEYORS JOURNAL
12 Volume 7, Issue 2, Summer 2017SCSI CONFERENCE
Clockwise from left: IDA CEO Martin Shanahan (left) with SCSI President Claire Solon and speaker Daniel Susskind; Anne Heraty, CPL; Fiona Cormican, Clúid Housing;
Jackie Doheny, Linesight; and, Colm Lauder, Goodbody.
Future of the professions with you using their knowledge (which, while good, can never be
The keynote speaker was author and Oxford lecturer Daniel Susskind, perfect) instead of using a piece of technology which is completely
who co-wrote The Future of the Professions with his father, Richard. accurate.
Daniel told the crowd there would be two futures for the professions. In
the medium term, we will see a more efficient version of what we have
today. In the long term, machines will displace the professionals.
Marian warned that rather than the stated
Computer processing power is continually growing, doubling every year requirement that 25,000 housing units need to be
since 1965. This has led to exponential growth and if it continues to
2020, we will create a computer which will have the processing power
built yearly, we really need to build 35-40,000.
of a human brain; if it continues to 2050, one as powerful as the human Breakout sessions
race. Machines are becoming increasingly capable as well. After lunch, the Conference split into three breakout sessions. The first
Daniel said a lot people say they aren’t worried about losing their jobs to three sessions covered how the Irish property market will be funded in
technology because no computer could ever think like a human, but he the future, what technology is available to help surveyors, and what can
pointed out that just because a machine can’t think or behave like you, be gained from regulation.
doesn’t mean it can’t achieve the same results. He asked at what point There was a second group of breakout sessions, which dealt with the
will it become negligent to choose a person over a machine? He gave impact of Brexit in detail, and with the brave new world of digital
the example of a doctor in the future trying to figure out what’s wrong construction.
SURVEYORS JOURNAL
Volume 7, Issue 2, Summer 2017
13Clockwise from top left: Krystyna Rawicz (left) and Society Director General Áine Myler; Ralph Montague of ArcDox, Claire Crowley of Facebook, Darrin Taylor of WIT and
Michael Durrin of Murphy Surveys; Dr Chris van Egeraat; Paddy Markey of Herbert Property Services, Garry Neilson of Quantum Property and Eamonn Gavigan of DNG
Royal County; and, Jerry Biala from Murphy Surveys with Jason Hunter from Survey Instrument Services.
Concluding plenary He said that we have a great country but we’ve done a terrible job
The first panel of the afternoon featured: Damien English TD, of planning for the future. He has a vision of growing Ireland’s other
Minister of State for Housing and Urban Renewal; Robert Hoban, cities and said this is as important for Dublin as it is for the rest of
BIDX1; Simon Betty, Hammerson; Colin Bray, OSi; and, Jackie the country. He believes we can fix the capital by focusing on other
Doheny, Linesight. places.
Minister of State English said he wants industry and local authorities
to become more urgent in their approach to housing and that we
need to be able to deliver units more quickly. He also raised the
issue of vacant housing and highlighted how there are grants of
In the absence of knowing what the future
€40,000 available to make vacant properties liveable. He said there relationship between the EU and the UK will
will be a vacant site levy in 2018 and that a vacant housing levy is
being considered.
be, companies are preparing for a hard
Brexit.
Provocateur address
Former Secretary General of the Department of Finance, John By properly connecting Ireland’s cities nationally and
Moran, in his provocateur address, said that Ireland is Dublin heavy internationally, it will take the pressure off Dublin. It is vital that
and that we should “put the east on a diet”. (Read our interview countries invest in infrastructure he said, and that we can’t just
with John on p16.) go on a spending splurge in terms of taxes, wages and the
SURVEYORS JOURNAL
14 Volume 7, Issue 2, Summer 2017Clockwise from top left: Donall O’Shea of AIB, Michael Cleary of Cleary, McCabe and Associates, Fiona Cormican of Clúid Housing and Colm Lauder of Goodbody; Kevin
Nowlan of Hibernia REIT contributes to the discussion; Chris McCarry, Barry Cusack and Grace McConnell of Linesight; and, there was an excellent attendance at Carton
House for this year’s National Conference.
public sector. He said we need to make hard choices and have Panel discussion
hard conversations. He was critical of how infrastructure After John’s address, he took part in the final panel discussion of the
decisions are made by people who drive cars, like putting train day with: Paul Hogan, Department of Housing, Planning,
stations in the middle of nowhere, saying you should be able to Community and Local Government; Niall Gleeson, Veolia; Dr Chris
get off a train and walk into a town. We should be looking to van Egeraat, NUI Maynooth; and, Marian Finnegan, Cushman &
reduce car usage and ownership almost entirely. He believes Wakefield.
there are many Irish people under 35 who may never aspire to Paul agreed with much of John’s address. He said Dublin faces real
owning a car. problems and there is too much reliance on the city. Chris said that
regional development requires a large urban centre with
international, national and regional connectivity. Marian warned
that rather than the stated requirement for 25,000 housing units
Minister of State English said he wants yearly, we really need to build 35-40,000. Niall said we should build
industry and local authorities to become more an alternative to Dublin but not at the expense of the capital.
urgent in their approach to housing and that *This is an edited version of the Conference report which appeared
we need to be able to deliver units more on the SCSI’s blog. Read more about the different talks and sessions
in detail at: https://scsi.blog/2017/04/06/scsi-national-conference-
quickly. 2017-future-of-our-profession/.
SURVEYORS JOURNAL
Volume 7, Issue 2, Summer 2017
15INTERVIEW
Colm Quinn
Journalist and Sub-editor with
Think Media Ltd
Former Secretary General at the
Department of Finance, and currently
head of consultancy firm RHH
International, John Moran believes
Come
Ireland needs a complete rethink of
how we build our country and plan
for the future. together
John Moran believes that suburbia and rural living are going to die,
that we should say good riddance and embrace dense, urban living.
Just before he left the Department of Finance, he worked on a
“You could have this situation where
medium-term economic plan for Ireland: “Part of that was how Dublin grows and grows and becomes
would the country move forward and the big issues that would
have to be dealt with”. He is now the Irish Director for the
incredibly congested. Housing becomes
European Investment Bank, which involves looking at how the Bank incredibly expensive in the city centre, you
should be investing in the future of Europe in terms of
infrastructure. This and his work on the Limerick Economic Forum
have people moving further and further
led him to get involved with the Ireland 2040 project, which will out and the quality of life continues to
provide a document outlining the framework for future
development and investment in Ireland (www.npr.ie).
deteriorate.”
SURVEYORS JOURNAL
16 Volume 7, Issue 2, Summer 2017INTERVIEW
By doing this the people who are living in suburbia (many of
Biography them not by choice, he points out) will start returning to the
cities: “The only option for a young family with two or three kids
John Moran is from Limerick and after many years working in
should not be that they have to have a one-and-a-half or two-
the private sector became Secretary General of the Department
hour commute because there is no building going on in the
of Finance in the midst of the financial crisis in 2011.
areas where the jobs are”.
Previously, he worked in the Central Bank of Ireland and for
One major problem in Ireland that he sees is that a lot of our
Zurich Capital Markets. He left the Department of Finance in
existing city scape consists of just two-storey buildings, even
2014, and founded his own consultancy firm, RHH
around central Dublin: “When you have a lot of the available
International, in August 2015.
land consumed by gardens, which are zero density, and two-
storey houses, you have to go even higher with the building on
His views are not without their critics, and there are many the available land to get the average up to a certain level”.
people in Ireland in whose interests it is to maintain the status With this lack of density, it is difficult for Ireland to provide
quo, like landowners at the edge of our cities, who would rather public services: “Once you get beyond the urban spaces as we
see houses growing than barley; car manufacturers and retailers know them, you get into an awful lot of individual houses, which
who benefit when people live in isolated areas with little or poor is not the case even in Northern Ireland”.
public transport; and, city centre property owners who will see
the values of their properties rise as long as space in our urban
areas remains scarce.
“If you continue that process, you divide the country between
“The only option for a young family with
people who benefit from the status quo and the people who do two or three kids should not be that they
not benefit from it. It is not just a case of having money and not
having money; this is a split at all levels of society. If you
have to have a one-and-a-half- or two-
continue that split, then you run the risk of having a very hour commute because there is no building
fractured society, one where the have-nots are increasing in
number and the haves are decreasing, at least in percentage
going on in the areas where the jobs are.”
terms, and you get to the core, fundamental questions being
grappled with in many countries in western Europe about Planning our country
inequality and ultimately, society loses.” We’ve never done planning for the future well in Ireland,
Once John started speaking out about the future of the country, according to John. While we had a relatively stable population
he found a lot of his time was taken up by it: “Because the views from the foundation of the State until we joined the EEC,
I was expressing were not just what’s good for my back garden; afterwards it rose significantly: “I don’t think we’ve done a very
it was a broader, macro-position for the country. It was good job of planning that growth in terms of developing the
resonating in many different places in fact”. right type of infrastructure for that to happen. And we now have
the problems that come from that”.
As an example of this, he notes how congested Dublin has
become. The capital has been built on a suburban model, rather
“It’s very hard to think of a very good than one of dense population, which would permit effective
example of Irish town development or delivery of public services, such as public transport: “I’m
therefore not sure (hopefully we can, but I’m not sure) if we can
urban development since probably the turn around the mindset to allow us to plan out 30, 40, 50 years
foundation of the State.” and to make the big decisions that are required. It’s very hard to
think of a very good example of Irish town development or
Better options urban development since probably the foundation of the State.
John thinks the way to get Irish people to see themselves Most of what people think of when they think of that in Ireland,
spending their lives in city centres is by making city centres tends to relate to periods back in the 1800s”.
much more appealing: “There’s probably not much to be gained
by some form of forced displacement. I think the opportunity Action needs to be taken
Ireland has that countries with more stable populations don’t With the population set to increase by 1-2m people in the near
have, is that while we have the disadvantage of finding ways to future, John sees some options and hard choices for the country.
house and accommodate a growing population, we also have One is that massive amounts of investment are made in Dublin
the opportunity to start by focusing on giving those people – for it to be able to absorb the extra people, and provide good
who are the kids of the people who are already in Ireland living conditions for its residents, including the over 65s
coming out of university, going into the workforce, looking to population, which will treble to 1.5m by 2050: “If that massive
live on their own, the people coming back to Ireland who left, or investment is put in, then achieving a city of Dublin that has 4m
the people coming here for the first time ever with their families people in it, that works effectively and works efficiently, should
– a better urban option”. be possible. It’s just very hard to see either a decision by the
SURVEYORS JOURNAL
Volume 7, Issue 2, Summer 2017
17INTERVIEW
Government to do that, because historically we’ve never been renaissance and is now Denmark’s second city. An approach like
good at doing that, or the population of Dublin such as they are that for our own regional cities could see them suddenly
at the moment being open to the kind of radical decisions that becoming much more attractive places for people to live and,
would require, in terms of densification of the city and disruption economically, more competitive options than Dublin, provided
to the city to retrofit a lot of the things you would need”. that they remain incredibly well-connected to Dublin. Because
Another option (a poor one according to John) is that Dublin is the bottom line is that without Dublin, Ireland won’t succeed”.
left to grow the way it has been with relatively little intervention,
with more and more greenfield construction on the outer
extremities: “You could have this situation where Dublin grows
“A lot of urban planners now say that what
and grows and becomes incredibly congested. Housing becomes you’re actually best off with is a mixed-
incredibly expensive in the city centre, you have people moving
further and further out, and the quality of life continues to
height approach to development.”
deteriorate”.
Fear of heights
Density in part means taller buildings, something there seems to
be an aversion to in Ireland, and John thinks there are two
“Because the views I was expressing were reasons for this. Firstly, we’ve never had them before: “Secondly,
not what’s just good for my back garden; it because the tradition of Ireland, and this is very important when
it comes to understanding our cities, is that for many years in
was a broader, macro-position for the the late 1800s and the 1900s, the only tall buildings we had
country. It was resonating in many different were Georgian buildings, which were often the location of the
worst neighbourhoods and the worst living conditions at the
places in fact.” time”.
We have also made some bad choices when it comes to housing
He favours another alternative that he believes would benefit the such as “the clearing of neighbourhoods and the building of
county: the policy objective of not having everyone living in the models like the Ballymun towers, which weren’t actually good
east: “Let’s imagine a world in which Waterford, Cork, Limerick, models in the first place”.
Galway – potentially somewhere else like Portlaoise or Sligo – all This leads to people approaching the question of tall buildings
become very well connected by public transport. They each have with certain biases, but John doesn’t think every building should
individual, high-quality services so people don’t necessarily have be a skyscraper and notes that a lot of urban planners now say
to move from one to the other for jobs or for third-level that what you’re actually best off with is a mixed-height
education, etc. approach to development: “But you perhaps get higher and
“That way you distribute the desirability of living in any one therefore more dense as you get closer to the principal transport,
place, which makes housing more affordable in all of the places. the node”.
You have quality services in each location so that people can live
closer to the centre of those locations, and quality of life
therefore improves”.
John believes these cities would act as economic engines across
“Once you get beyond the urban spaces as
the country and help to make the rural hinterlands of those areas we know them, you get into an awful lot of
more sustainable too.
individual houses, which is not the case
Suburban scepticism even in Northern Ireland.”
John notes that in many parts of America, the car-based,
suburban-living fatherland, the model is being rejected: “I think Challenges to development
we need to think about what that means as a trend for us. What The provision of one-off housing is something which must be
should Ireland be doing, when we’ve done very much the same looked at, especially because of changes to EU law: “It is
in terms of planning, with individual housing and suburban probably time to draw a very hard line around our towns in rural
estates even at the edges of small towns”? areas as well, and to stop allowing building outside unless a
The same level of car dependency is not the norm in many parts person is, from a professional perspective, tied to that location”.
of Europe, where there are models that could make our cities Recommendations to the Government have recently been made
more appealing. One example which always comes to mind for to change county boundaries to allow for the growth of some
John is Aarhus in Denmark, which was once Denmark’s third city: urban areas. For example, it was suggested that part of Kilkenny
“They went through a process of trebling their student be redrawn into Waterford to allow Waterford city to grow. This
population, and investing in their hospital so that it became not was met with bitter opposition and the proposal was rejected.
just a good hospital but possibly the best hospital in Denmark. So how can urban areas grow into neighbouring counties?
They have developed a really vibrant city with some bold and John says: “By disconnecting GAA jerseys from planning
ambitious architecture. It is a city that has gone through a total decisions”.
SURVEYORS JOURNAL
18 Volume 7, Issue 2, Summer 2017INTERVIEW
There is the option of removing economic and political What can surveyors do?
boundaries from the county system, so people from Surveyors should be fully informed about the debate because,
neighbouring counties might wear different colours at a GAA John says, it is often more emotional than factual: “The
match but vote for the same councillors. professions like the surveyors are well respected. If they have a
“We saw in Limerick when we combined the city and county strong voice in this debate and participate to the fullest extent in
councils in the last couple of years, which again weren’t even the debate in terms of where it’s going, I think that would help
based on GAA grounds, we have seen the renaissance in the to sway some people”.
fortunes of Limerick. John says the National Planning Framework document is one of
“It has been run much more holistically. The next step would be the most important documents to identify Ireland’s path for the
to have much more collaboration between Limerick and Galway next 15 to 20 years: “It is such an important document, it is
and Waterford and Cork”. important that everyone help contribute to it”.
So will we see the changes?
“I think it is happening already. I’m not saying it’ll happen easily
but it is happening. If you walk around or cycle around Dublin in
“The professions like the surveyors are well the morning now in certain neighbourhoods where facilities have
respected. If they had a strong voice in this been provided for people cycling, particularly around the Grand
Canal, you see that people are voting with their feet so to speak
debate and participate to the fullest extent and they’re not using cars anymore.
in the debate in terms of where it’s going, “I think that this will happen when the Government decides it
should happen and I think they’re getting to a point where
I think that would help to sway some they’ll have no choice with climate change controls and the rest.
people.” People will very quickly follow, if not lead them”.
SURVEYORS JOURNAL
Volume 7, Issue 1, Spring 2017
19PROPERTY
Val O'Brien BSc (Hons) MSCSI
MRICS Dip Proj Man
Chartered Building Surveyor
Breaking
the mould
Condensation is a common
problem, but there are a
number of measures that can
reduce or even eliminate its
occurrence.
Introduction
Condensation arises as a result of warm, moist air coming into contact made to eliminate or at least reduce this as far as is practical.
with a cold surface and when dew point is reached, the moist air will In practice, the level of condensation is largely affected by the particular
condense (e.g., dew on the grass on a frosty morning). Similarly within a environmental conditions. A number of factors affect the levels of
building, if moist air comes into contact with a cold surface, this will give condensation, including relative humidity, ventilation, heating and
rise to condensation and resultant mould growth. insulation.
Theoretically, in a well-designed and well-constructed building,
condensation should not occur. However, practically speaking it can be
hard to avoid a certain amount of condensation arising in many
With excessive condensation levels you can in
buildings and unfortunately this is a fairly common occurrence, most fact get streaming/pooling of water. With time,
noticeable from late October through to early March every year.
Condensation will give rise to water forming on cold surfaces. This will
the water and condensation will give rise to
be particularly apparent on windows and to a lesser extent on other mould growth on the various surfaces. Apart
surfaces including ceilings, walls and floors. With excessive condensation
levels you can in fact get streaming/pooling of water. With time, the
from its unsightly appearance, this can give rise
water and condensation will give rise to mould growth on the various to foul, musty odours.
surfaces. Apart from its unsightly appearance, this can give rise to foul,
musty odours. It can also give rise to damaged contents including Relative humidity
clothes and in particular natural products such as leather and suede The relative humidity is in effect the amount of moisture vapour in the
handbags and shoes. The mould can also be potentially hazardous to air at a given time. Everyday activities including breathing, cooking,
the health of the occupants, and in particular to babies/small children washing, etc., will all give rise to moisture vapour being
with underdeveloped respiratory systems. It can also have a significant discharged into the environment. Activities such as
impact on those suffering from asthma or cystic fibrosis. If the matter is showering and drying clothes will give rise to
allowed to deteriorate for prolonged periods it can in fact give rise to particularly excessive amounts of moisture
illness and harmful side effects to all occupants. Clearly, condensation vapour and hence a high relative humidity.
and mould growth are an undesirable burden and an attempt should be Whereas it would not be practical to prevent or
SURVEYORS JOURNAL
20 Volume 7, Issue 2, Summer 2017PROPERTY
avoid the creation of moisture vapour within an
environment, the aim should be to reduce this, where Clearly, condensation and mould growth are
practical, to an acceptable standard. In this respect, certain
activities such as drying clothes within the house on radiators or
an undesirable burden and an attempt
clotheshorses should be avoided. In the event that high moisture- should be made to eliminate or at least
producing activities are to proceed, then we strongly recommend that a
dehumidifier be obtained and used regularly with a view to extracting
reduce this as far as is practical.
the moisture from the air. Remedial works
In order to eliminate/reduce condensation, these factors need to be
Ventilation addressed. The first three factors can be addressed relatively easily by
It is important to ensure good levels of ventilation in order to minimise changing user habits with minimal capital expenditure. The fourth
the risk of condensation occurring within a property. The most effective item, which involves upgrading the thermal insulation standard, is
form of ventilation is natural ventilation, i.e., opening windows. Provided more disruptive and would involve capital expenditure. In this
that windows are opened regularly, it should be possible to control or respect, we would recommend the following practical steps.
eliminate any significant levels of condensation. It is, however, our
experience that many occupants, and particularly tenants, seldom open Reduce moisture levels:
windows, and thus the risk of condensation occurring will be higher ■ be mindful of moisture-producing activities and reduce
than normal. It is also a requirement that provision be made for where possible, e.g., shorter duration for showering;
permanent vents to habitable rooms (living rooms and bedrooms), in ■ try and avoid or at least minimise drying clothes on
order to ensure a constant trickle of background ventilation and radiators/clothes horses;
therefore minimise the risk of condensation occurring. Permanent ■ close doors to bathrooms after showering; and,
ventilation is often provided in the form of slot vents within window ■ if it is inevitable that excess moisture is going to be
frames or via ventilation grilles in external walls. It is important to ensure created, then obtain and utilise localised
that these are kept open/clear for maximum efficiency. It is also a dehumidifiers.
requirement to have mechanical extractor fans within bathrooms and
over the cooker in kitchens in order to extract as much vapour as Increase ventilation levels:
possible at the source. It is important to ensure that these are used ■ open windows regularly to ensure regular air changes,
during and following showering and cooking. It is also prudent to have particularly after showering;
the fans cleaned/serviced regularly in order to ensure that they are ■ ensure that all habitable rooms have functioning permanent
operating at maximum efficiency. vents – ensure that these are well positioned within the room and
are clear/unobstructed; and,
Heating ■ ensure that mechanical extractor fans are fitted to kitchens and
The levels of heating within an environment will affect the amount of bathrooms – vents should be located close to or directly over the
condensation. Basically, the higher the level of heating, the lower the risk source of moisture, and should be fitted with time delay switches so
of condensation occurring. that they stay on for a minimum four to five minutes after switching
This is because warm air will hold more moisture than cold air. We off. Look at modern/whole ventilation solutions such as heat
would also caution that it is our experience that many occupants, and recover/humidity stat controlled vents.
particularly tenants, often cut back on the heating in order to minimise
running costs. Again it is important to ensure that the heating is used Increase levels of heating:
regularly during the colder periods. ■ ensure that the heating is used regularly during the colder months;
and,
Insulation ■ consider providing additional localised heating to supplement the
Again the levels of insulation will affect the potential for condensation to existing heating installation during the colder months.
occur within a property. Basically, the better the insulation standard, the
lower the risk of condensation occurring. This can be particularly evident Upgrade insulation standards:
in areas of 'cold bridging' between the interior and the exterior, such as ■ look at quality/standard of windows and upgrade/replace;
window reveals, where insulation may have been omitted at the time of ■ review and upgrade insulation standard to the ceilings/roof;
construction. ■ review and upgrade the insulation standard to the walls; and,
More modern buildings tend to be reasonably well insulated; however, ■ review and upgrade the insulation standard to the floor.
older buildings are likely to be poorly insulated. All surfaces need to be
considered in order of importance as follows: windows, as they tend to When the principles are fully understood, by tweaking and working on the
have the coldest surfaces; ceilings, as the heat (and warm moist air) above factors, it should be possible to eliminate or at least reduce the
tends to rise; walls; and, lastly, floors. levels of condensation occurring within a dwelling to an acceptable level.
SURVEYORS JOURNAL
Volume 7, Issue 2, Summer 2017
21PROPERTY
Stephen Scott
Director, Scott Murphy Chartered Building
Surveyors
Judgements
throw light on
landlord/tenant
disputes
STEPHEN SCOTT reports on the RICS
Dilapidations Forum Conference.
Some UK cases, which were discussed at the recent RICS Dilapidations finishes are often the subject of contentious negotiations at lease expiry,
Forum Conference, may provide practical guidance for those involved in this case does at least provide some clarity in respect of the status of
the drafting of leases, private landlords, and those involved in dealing such items.
with dilapidations claims at lease expiry in Ireland as well.
State of disrepair
Carpet burn The case of Moorjani v Durban Estates (2015) involved the unusual
The first case deals with the issue of floor finishes, and more precisely scenario of a tenant suing a landlord for breach of repair, and in
carpet tiles. In South Essex Partnership University NHS Foundation Trust v particular damages on foot of the tenant’s inability to remain in
Laindon Holdings Limited (2016), the issue as to whether carpet or a occupation of a property due to the state of disrepair that existed at the
carpet tile was a fixture or fitting, and subsequently, whether changing property. This was another case that ended up in the Court of Appeal,
from a carpet tile to a carpet was permitted under the lease, was the but prior to that, the tenant had claimed damages for breach of
matter at hand. The sums involved may seem small, at approximately repairing covenant for disrepair to his flat. Mr Moorjani had a long
£45,000, but there was principle at stake and in the case of floor leasehold (150 years) interest in the flat, and in 2005 refurbishment
finishes, forgive the pun, the tenant was not about to be walked on. works were carried out. On foot of this, Mr Moorjani moved in with a
The initial trial found in favour of the landlord who was awarded circa relative and returned to the flat in late 2005 but was not happy with the
£140,000 in damages in breach of the repair covenant and a two-month quality of work carried out.
rent void period. The first trial found that the carpet tiles were a landlord To complicate matters, before the works were completed, there was a
fixture and so it was held that the tenant was not allowed to change serious flood, which resulted in additional works and, regrettably, a
them as a permitted tenant alteration. In another twist, the landlord also longer stay with the poor put-upon relative. More bad luck struck the
claimed that the loss of rent should be quantified from the trial date and property, and the unfortunate Mr Moorjani’s flat was flooded again in
not the lease end. The tenant quite rightly appealed and the Court of 2006. Not a lot was done at this stage due to disputes between the
Appeal decided that the floor finish was a landlord fixture, as found at landlord and the insurance company, so in 2008, Mr Moorjani called in
the first trial, but the tenant did have the right to replace it as it could his own contractors and finished the work himself. Finally, in 2008, he
not be considered to be a structural alteration as envisaged by the returned to live in his flat, no doubt to the delight of his relative. He then
parties and was therefore a permitted alteration. The Court also sued for damages, and at the first trial the judge only awarded damages
overturned the award for additional costs imposed on foot of the delay for loss of amenity from 2008 to 2011. The claim prior to 2008 was
in settling this matter on the basis that as the tenant paid over a sum at dismissed, as Mr Moorjani was not in occupation so, according to the
lease end, the decision of the landlord to delay carrying out the works first trial, he did not suffer any inconvenience. The Court of Appeal did
meant they could not claim twice. As replacement carpets and floor not agree and overturned this decision. They found that non-occupation
SURVEYORS JOURNAL
22 Volume 7, Issue 2, Summer 2017PROPERTY
could not be used as a reason to reduce the damages and that even part of landlords to keep premises in a certain state of repair.
though Mr Moorjani was living with a relative, he was still entitled to In what now seems like a bizarre series of events over what was a
claim for loss of amenity and inconvenience attaching to his inability to relatively small sum of money, the case started off at the lower District
use the affected property. Court, where it was found in favour of Mr Edwards and Mr Kumasary
was ordered to pay damages to his tenant. Mr Kumasary subsequently
appealed and remarkably the Court of Appeal upheld the District judge’s
decision. The matter then progressed to the Supreme Court, which
The case involved the unusual scenario of a eventually found in favour of the landlord.
tenant suing a landlord for breach of repair, The case essentially boiled down to whether the location of the paving
formed part of the exterior of the front hall of the property or an
and in particular damages on foot of the tenant’s extension of same, and whether the landlord had an interest in that
inability to remain in occupation of a property particular part of the estate and, as such, could the landlord then be
held liable for the disrepair to that particular part of the estate, when in
due to the state of disrepair that existed at fact he had received no notice of same?
the property. In summary, the Supreme Court found that a landlord’s repairing
covenant to an area of a property to which he/she is not in possession
Tripping through the courts can only be triggered when he/she is provided with notice of any
Finally, another case that, remarkably, also ended up in the Court of disrepair. All of which sounds perfectly sensible, and one wonders why it
Appeal, over little more than an award of damages of £3,750. This had to pass through three sets of proceedings before common sense
concerned an injury caused by a trip on a pathway and who was prevailed. It does however raise issues for parties to commercial and
responsible for the upkeep and repair of the pathway in question. In residential leases, ensuring that tenancy agreements include strict
Edwards v Kumasary (2016), Mr Kumasary was a buy-to-let landlord and provisions for tenants having to serve notice and to formally advise
Mr Edwards his tenant. When taking the rubbish out one day, Mr landlords if they have a concern in connection with matters of disrepair,
Edwards tripped on some damaged paving between the front door of and ensuring that there are clear lines identifying where responsibility for
his apartment complex and the bin store serving the properties, which repairing obligations begin and end.
caused him personal injury. Mr Edwards then sued his landlord for This article is intended to provide a flavour of the main topics covered by
damages for failure to keep the paved area in repair under provisions of the various cases discussed at the Conference and the details are all
the sub-tenancy in respect of Section 11 of the UK Landlord and Tenant available on the UK courts website: www.bailii.org. I would recommend
Act 1985. This particular piece of legislation places a responsibility on the a review of the specific judgments for clarity on the outcomes.
SURVEYORS JOURNAL
Volume 7, Issue 2, Summer 2017
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