Defective Property
Property Sellers
Generally, sellers and landlords of property are not liable for defects in the property. The buyer beware (caveat emptor) applies. The law does not generally imply obligations equivalent to those which apply to the sale of goods.
There is no civil liability, nor is there an implied term in a contract for the sale of land. This could be done, but it is not market practice. The buyer or the tenant should conduct a survey.
There are exceptions to the general rule that no warranties are implied. If a building is sold in the course of construction, there are implied terms and obligations in relation to the materials used and the quality of workmanship.
Lettings
A lease of residential property must comply with certain minimum conditions in the Residential Tenancies Act and Housing Act Regulations. Lettings by Local Authorities must comply with minimum obligations.
There are some limited exceptions to the general rule. If the landlord actually does work to the premises after the commencement of the lease, then the ordinary principles of negligence will apply.
The landlord may be the occupier of part of the property. This may happen, particularly with the common areas of a development or a building, such as the entrance driveway, staircases, and hallways.
Where a building is in multiple units, the common internal parts, the roof, structure and foundations are likely to be in the ownership of and responsibility of the landlord. In these cases, the landlord is often held liable for accidents in the common areas.
Contract Builder
A contract builder builds for a specific purchaser. Contract builders undertake implied (and more commonly express) warranties that the work will be undertaken in a good and workmanlike manner, that they will supply suitable and proper goods and materials and that the building will be reasonably fit for human use or habitation.
A contract builder is liable for defects that would cause injury to the end user. Implied terms and conditions in the Sale of Goods will apply in respect of fittings and goods.
The general principle of negligence applies to the builder. A subsequent occupier may recover damages for personal injuries caused by defects in the building The possibility of prior examination does not of itself exclude the builder’s duty.
Spec Builder
A so-called “spec” builder is one who builds with no particular purchaser in mind, but with a view to a subsequent sale. A spec builder is both a builder and a seller.
There is a trend towards treating the spec builder as liable for negligence in the same way as a builder under a contract with a purchaser.
Economic Loss Only
Defects of quality do not pose a danger to health and safety. The only liability, in this case, is for breach of contract.
Some Irish cases, following English cases, later overruled, have gone beyond the traditional position to provide that there may be negligence for defects in quality. However, later English and Irish cases have retreated from this position and reinstated the traditional position.
The traditional position is that pure economic loss ( the cost of putting the defects right) is not allowed in a claim based on negligence alone, has been reasserted. Liability would only arise under this traditional view where there is damage to persons or property. In this case, further loss consequent upon this injury or property damage may be recovered.
References and Sources
Irish Books
Tully Tort Law in Ireland 2014
McMahon & Binchy Law of Torts 4ed 2013
McMahon & Binchy Case Book on the Law of Torts 3ed 2005
Connolly Tort Nutshell 2ed 2009
Quill Torts in Ireland 4ed 2014
Fahey Irish Tort Legislation 2015
Healy Principles of Irish Torts 2006
EU and UK Texts
Lunney, M. and K. Oliphant Tort law: text and materials. 5ed 2013
Peel, Edwin, Goudcamp, James Winfield and Jolowicz on tort 19 ed 2014
Horsey, K. and E. Rackley Tort law. 6ed edition 2019
Deakin, S., A. Johnson and B. Markesinis Markesinis and Deakin’s tort law 7ed 2012
Giliker, P. Tort 5ed 2014
McBride, N.J. and R. Bagshaw Tort law 6ed 2018
Steele, J. Tort law: text, cases and materials 4ed 2017
O’Sullivan, J., J. Morgan, S. Tofaris, M. Matthews and D. Howarth Hepple and Matthews’ tort: cases and materials 7ed 2015
Horsey, H. and E. Rackley Kidner’s casebook on torts 13ed 2015
Clerk & Lindsell on Torts 22ed 2019
Charlesworth & Percy on Negligence 14ed 2019