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Dublin: 10 °C Wednesday 22 May, 2013

Column: ‘We’re watching our first house crumble before our eyes’

Expecting their first child, Niamh Byrne and her partner bought a house. Then pyrite was discovered in the structure. Here she tells her story.

Niamh Byrne

AS THE FINANCIAL strain continues to resonate throughout Ireland as a result of the building boom that turned into a banking crisis, it has affected some homeowners in devastating ways.

The current estimate is that 20,000 homes built during the boom are now affected by pyrite. Pyrite is a mineral compound that naturally occurs in rock, swells and produces crystals when in contact with oxygen and moisture. During the boom, infill containing high levels of pyrite was used in the construction of buildings. Unfortunately my house is one of the many and the damage caused has to be seen to be believed

I am a committee member with Pyrite Action, a group set up to fight for justice for homeowners affected. We have been struggling with this issue for over four years. In that time we have exhausted every avenue available to us; have come up against brick wall after brick wall; and watched in despair as each responsible party passed the buck. When we should have been enjoying our young children we have had to fight tooth and nail to get our house fixed and still nothing has been done. It has been an incredibly stressful time.

This was our first house and we bought it when we were expecting our first child. We were naturally excited but that excitement has turned into a nightmare as we have discovered that we would have more consumer rights if we bought a washing machine.

We had all the necessary inspections carried out and we presumed that the house was structurally sound, complied with all the necessary government regulations and was inspected during construction. How wrong we were.

Two years after moving into our home we realised that the cracks were appearing were not normal settlement cracks. We watched as every day as new cracks appeared and grew in length and width. We initially contacted our builder, they were extremely unhelpful to the point of hostile. We then contacted Homebond, our structural defect insurer, to inform them that there was a problem.

‘At this stage we were dubious to say the least’

Initially they told us that the problem was caused by ‘shrinkage’ which was almost laughable considering the size of the cracks and the speed and number in which they were appearing throughout our home. Also at this stage several doors were jamming or scraping the floors both upstairs and down.

Homebond told us that this was caused by a ‘joist issue’ and they opened up the ceiling. At this stage we were dubious to say the least. After over two years of frustration and no answers from Homebond, we insisted that a test was carried out for pyrite. The day we finally got our results from Homebond was not only the day we found out that we had pyrite but also that our builder had gone into receivership.

As Homebond was sold as structural defect cover without which our mortgage would not have been approved by the banks, we naturally thought that Homebond would therefore be taking over responsibility of fixing the problem. After a lot of unanswered emails and phone calls to Homebond we finally got a reply with an full and final offer of €1,322.91. Considering the works that were necessary to remedy the problem cost from €30,000 to €50,000 the amount offered by Homebond was seen by many as an insult.

On foot of the decision by Mr Justice Charleton in James Elliott Construction versus Irish Asphalt, Homebond have since revoked all offers of payment and have denied any liability to those of us affected, on the basis that the infill provided by Irish Asphalt ‘was not of merchantable quality.’

We contacted a solicitor as a final attempt to get a resolution. We were told that the quarry in our case had gone into receivership and this effectively closed any route for taking legal action.

‘We constantly worry about a gas leak or explosion’

The Pyrite Panel was recently set up by Minister Phil Hogan to investigate the problems facing homeowners, to assess the scale of the problem and to look at a resolution. Homebond have recently been criticised by an Oireachtas committee  for refusing to appear to answer questions relating to pyrite contamination. The results from the panel are due out this month.

Most people by now know how pyrite affects a house, cracking walls, rising floors, doors jamming or sticking, floor tiles cracking. But homeowners also have the additional worry of the unseen affects, the affects that the heave has on the services under the floor – such as water, gas and sewage. These are all under pressure as the floor lifts, cracks and buckles. We constantly worry about the possibility of a gas leak or explosion. Or our sewage leaking under the floor or contamination to our drinking water. These are not things you should have to worry about in an eight-year-old house.

The cracking in our house has now moved to the external walls which indicates that the movement and stress on the walls is affecting the very structure of the house and that the problem is becoming even more urgent.

All we want is our house fixed so that we can get on with our lives that have effectively been put on hold for the last four years.

I for one am desperate for a solution. I cannot take much more of watching as our house crumbles before our eyes while we struggle to pay a mortgage on a house that is effectively worthless. The only positive that we can take from this is that the problem is fixable, it is just a case of getting those involved together with the government to come up with the solution.

We are anxiously awaiting the publication of the findings of the Pyrite Panel and hope that the findings are implemented and the report is not left to gather dust on a shelf.

Niamh Byrne is a member of the Pyrite Action group.

TheJournal.ie contacted Homebond for a response to this story. In a statement, the company said: “HomeBond confirms that it will not be accepting liability for ‘Major Defect’ claims made by homeowners relating to pyrite problems with hardcore material used as infill in their homes.” It added that any potential problems should have been identified by the quarry supplying the infill. To read the full statement, click here.

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Comments (50 Comments)

  • I’m just wondering, if Homebond can deny liability on the basis that the infill was not of “merchantable quality”. Then is there a basis for the homeowners to deny liability on your mortgage repayments. After all, what was sold twas not of “merchantable quality”, so why should it be paid for.
    The point being, the Homebond analysis should be used to avoid making repayments. If the mortgage lenders don’t accept this, then they must have a reason for this. That reason should be used against Homebond.
    In other words, the mortgage lender and Homebond should be pitted against each other.

    Reply
  • Aydo 11/02/12 #

    Homebond should be slaughtered.
    Useless f*ckers who I’ve delt with in the past. Definitely should have nothing to do with housing ever again.

    Reply
  • Stop paying the mortgage now

    Reply
  • I really don’t know what to say after reading your story Niamh. It is a disgrace that you are expected to pay a mortgage on your house. Pyrite Action should write to your mortgage companies advising them that you will no longer pay your mortgage until ye all get this sorted.

    Ye should be getting support from the government on this non repayment of mortgage issue too.

    Reply
  • tuba hg 11/02/12 #

    It is the planning authority in each County Council is to blame
    It was their job to ensure that a correct environmental assessment was made as part of the planning application
    That includes the quarries that this filling came from
    The County Managers in every affected area should be sacked

    Reply
  • This is absolutely disgraceful! Who is to blame for poor quality housing in this country? The quarry? Surely the quality of landfill should have been fully tested? A construction company goes out of business and there is no come back. The very structure that is to blame – the Government – set up a panel to look into it. How about they start taking some responsibility. Insurance companies cannot just pick and choose what liabilities they wish to pay out on! Serious reform between the big players in construction – the government, insurance companies & suppliers is needed here. Housing is a basic human right, this story is a scandal!

    Reply
  • The kop 11/02/12 #

    And to think the government will expect this misfortune and other affected by this problem to pay a property tax!!!!

    Reply
  • Shneak 11/02/12 #

    Has anyone ever heard of Homebond paying out for home damage? Or was this just another one of the developers cheap tricks to lure us into a false sense of security.

    Reply
  • Home bond another example of an Irish solution to an Irish problem. An insurance that takes premiums and doesn’t pay out… And feck all being done about this grave injustice to people caught in a trap trying to pay for what is worthless

    Reply
    • That’s the way of insurance companies the world over when they are faced with large claims. (it doesn’t make it right of course).
      Homebond inspectors on the ground are actually very helpful during the building process, due to the general incompetence of Irish builders and construction ” professionals”.
      Throw in the non existent statutory building inspection system, local authorities whose only interest was collecting development charges, a legal system that accepts “substantial” compliance certification of building regulations, a self certification system accepted by Architects, and a finance system that accepted all of the above – what you get is the clusterf#uck that was/is the Irish property system.
      The Pyrite action group as a whole should stop paying mortgages.
      What have they got to lose?
      Your properties are totally worthless now, and a mass action should kickstart the lenders into taking action.

      Reply
    • @Geard, completely misleading comment based on nothing but a random collage of illinformed gossip.

      Reply
    • ‘Weazal’, I’m a fully qualified construction professional, I’ve run projects with a combined value of over €100 million.
      Go troll somewhere else.

      Reply
  • Sorry about your story Niamh. Your only positive is that there are many others like you. Id agree with others. As a group you should stop paying your mortgage. Move out. No point worrying. The gov will end up having to cover the cost as they are the only ones that can afford to pay. Once you stop paying the mortgage only then will action be taken. Best of luck.

    Reply
  • True Andrew. No point in paying the mortgage either. The bank won’t want to take possession of any pyrite property. The house is effectively worthless, so why pay?

    Reply
  • tuba hg 11/02/12 #

    This is just the tip of the iceberg of people who’s homes are falling apart and no body cares
    The Government, Local Authorities and Insurance Companies are all kicking for touch
    Somebody is responsible for bad enforcement of the building regulations
    My opinion is that it was the responsibility of the Planning Dept in each Local Authority but they failed miserably

    Reply
  • Jambbie 11/02/12 #

    Friends of mine live in Drynham Hall, Kinsealy. Their houses are riddled with pyrite but are getting fixed on a block basis. I think they have Arthur Cox solicitors backing. Maybe you could contact them to see how they are getting sorted out.

    Reply
    • As far as I understand Jambbie the only legal action that has been taken to date setting any kind of precedent was the action taken by Menolly Homes against The Lagan Group who were accused of suplying defective hardcore infilling (stone) for house construction on their developments including Drynham Hall, Kinsealy. This case was settled in March last year where the parties agreed to the establishment of a E25million trust fund to repair damaged houses.
      In my understanding no court action has been taken against HomeBond by any group or individual and Homebond withdrew any implication it may have given to homeowners that they would accept liability for repairs or compensation by letter in Sept. last year.
      Given the significance placed by builders regarding their membership of the HomeBond insurance scheme in their promotion and advertising it is fair to expect that purchasers would expect some reliance on this in relation to the rectification of structural problems caused by faulty materials or workmanship. This was misleading and should be legally examined by an action against HomeBond.

      Reply
  • So Homebond is basically saying that their name as an insurance against structural damage on your property is worthless.

    Reply
  • cowboys riding off into the sunset comes to mind

    Reply
  • a storm is comming!!! i get a distinct feeling that the population of this country is getting ever closer to breaking point, very soon it will erupt, its long over due and its what is needed

    Reply
  • This is absolutely disgraceful! Who is to blame for poor quality housing in this country? The quarry? Surely the quality of landfill should have been fully tested? A construction company goes out of business and there is no come back. The very structure that is to blame – the Government – set up a panel to look into it. How about they start taking some responsibility. Insurance companies cannot just pick and choose what liabilities they wish to pay out on! Serious reform between the big players in construction – the government, insurance companies & suppliers is needed here. Housing is a basic human right, this story is a scandal! I agree with other posts, as long as you continue paying a mortgage this is a non issue for those concerned.

    Reply
  • Just wondering what with all the Ghost estates answer houses that are finished but remain unsold, could they be used to accommodate people affected by pyrite and the houses affected could be demolished & rebuilt properly, or am I looking at this situation through rose tinted glasses?

    Reply
  • This is everything that was wrong with the “building boom”, sounds like there was corruption involved – how else would the land have been deemed safe to build on?!? So sorry Niamh, I hope someone will stand up for you & get you out of there before anyone gets injured.

    Reply
  • Homebonds only purpose is to payout in structural defect cases nothing else.
    which is exactly what this is!
    its daft that this is aloud.
    surely the insurance ombudsman should be involved in this

    Reply
  • Pat Mac 11/02/12 #

    Unfortunately! No one cares the builders got his money! banks have you paying the mortgage their happy! Government getting their cut an because your not a millionaire your just not important!

    Reply
  • Great article Niamh, It really highlights ours and the thousands of others plight at this time and the hopelessness that can start to seep in as we watch the cracks worsen. It really has started to affect our famly’s home life. We just hope that the Pyrite Panel will come through with some solutions for us at the end of the month.

    Reply
  • I really have alot of sympathy for you, Niamh, after reading your sad story, and to think that you are there with your little children, something tragic could happen, before anyone does anything about it, but I really hope that it doesn’t for your sakes. I suggest that you don’t pay the mortgage atall, leave the house, and go and live with a relative if you have one, or get help from focus ireland, as they are very good. You have a good case against your developer, and you could take him to the court, and you get free legal aid. Good luck, we will all be thinking of you.

    Reply
  • Strangely appropiate that Pyrite is known as “FOOLS GOLD”

    Reply
  • Home Bond is like James Bond, they have a licence not to kill but to screw you, however they might also have a licence to kill you, if god forbid the house comes falling down around you and your family.

    Just another cheap trick by developers for developers backed by the Government (and previous FF Governments) to keep their mates safely in dosh and them in brown paper envelopes.

    Reply
  • Shame the way they mistreat people.Whatever,about setting up a panel to investigate.We all know the panel will be eight or ten people who know sod all about building projects,but will get huge salarys,and a big pension at the end on the enquiry.My house is the same,cracks here and there,.I think we have to do this together,but who can help us,as there is nobody left to trust in the government

    Reply
  • Ardo Ci 15/02/12 #

    If ever a story reveals how inept, corrupt and morally bankrupt the management, systems and pillars of Irish authority are, this is it. On second thoughts, maybe not, I can think of several others including Priory Hall. I can’t tell you what I’d do if I was one of these poor people. It’s a national disgrace but in keeping with the program.

    Reply
  • this country continues to shock me with little help for the ordinary people…
    Great article Niamh, i really hope you get help and this problem is solved…what a nightmare for all those affected

    Reply
  • Brilliant article Niamh, I really hope that this Pyrite disaster can be sorted out without ye having to pay for it. The irish government and ‘Labour’ are too worried about making sure rich people are happy.

    Reply
  • You can be sure that the legal ramifications, of not paying the property tax, will be swift and merciless.

    Reply
  • Exactly the same problem occurred with various developments in the UK caused by the use of Red Ash as hard core infill material.
    Despite protracted legal cases being taken against material suppliers, developers, local authorities, architects/structural engineers, and indeed, the N.H.B.C., (National House Builders Council) the equivilant of Homebond, the responsibility still ended up with all the unfortunate home owners.
    Hindsight is a wonderful thing but not a point of law.
    We know this because we had a property that had this problem and the house was devalued by 75% yet we had to foot the bill for all remedial works.

    Reply
  • EM 15/02/12 #

    It has been mentioned, just to echo those comments…STOP paying your mortgage with immediate effect.

    Reply
  • Disgraceful story Niamh and horrible situation for you and your lived ones. People have been telling you to stop paying your mortgage. I’d be very dubious about taking this advice. While the facts are clear and there can be no doubt about it, logically you could only do this assuming you received credit from the people you bought it from. The bank provided you with the cash on the understanding that you pay it back… I’m completely open to correction on this by the way but it is just a concern that I feel warranted an airing! In the meantime, I wish you and yours every success in this battle. S

    Reply
  • When u say infill are you talking about the substructure filling

    Reply
  • That is an awful story. Did you use a good QS before purchase to identify potential issues?

    Reply
  • Caveat Emptor. Buyer Beware. This may sound callous but if you bought a house from a private developer who has gone out of business and that house wasn’t built in accordance with the building regs you’re screwed.

    Reply
    • Charles
      HomeBond, the National House Building Guarantee Scheme, is a scheme established by the Construction Industry Federation and the Irish Home Builders Association, in conjunction with the Department of the Environment. It is a government approved organization.
      Your right. Your screwed. By the Government.

      Reply

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