The Gazette 1985

SEPTEMBER

1985

GAZETTE

Practice Notes

LAND ACT 1965 County Boroughs, Boroughs Ur ban Districts and Towns

Fire Services Act, 1981 A Wicklow practitioner has brought to the Society's notice a problem which could well affect practitioners in the conveyancing area under the Fire Services Act, 1981. In the particular case licensed premises were purchased at auction and the purchaser signed the conditions of sale immediately after the auction. When replies to requisitions on title were furnished the vendor's solicitor included a notice which the vendor had received—since the date of the auction—from the local authority under the Fire Services Act, 1981. The notice required several alterations and additions be made to the premises in order to make them safer from a fire safety standpoint. The cost of implementing the alterations and additions was put at £5,000. The question immediately arose—who was to pay for the work? In the particular case, no problem ensued because the purchaser intended carrying out extensive renovations which would meet the fire safety requirements but a purchaser operating on a tight budget with no intention of improving the premises might find himself in a difficult position if liability for carrying out the improvements were to fall upon him.

For the purpose of Certificates under Section 45 of the Land Act 1965, the following is a correct listing of County Boroughs, Boroughs, Urban Districts and Towns as at November 1985. County Boroughs: Cork, Dublin, Limerick, Waterford. Boroughs: Clonmel, Drogheda, Galway, Kilkenny, Sligo, Wexford, Dun Laoghaire. Urban Districts:

Arklow, Athlone, Athy, Ballina, Ballinasloe, Birr, Bray, Buncrana, Carlow, Carrickmacross, Carrick- on-Suir, Cashel, Castlebar, Castleblaney, Cavan, Ceanannus Mor, Clonakilty, Clones, Cobh, Dundalk, Dungarvan, Ennis, Enniscorthy, Fermoy, Killarney, Kilrush, Kinsale, Letterkenny, Listowel, Longford, Macroom, Mallow, Midleton, Monaghan, Naas, Navan, Nenagh, New Ross, Skibereen, Templemore, Thurles, Tipperary, Tralee, Trim, Tullamore, Westport, Wicklow. Ballybay, Ballyshannon, Bandon, Bantry, Belturbet, Boyle, Callan, Cootehill, Droichead Nua, Co. Kildare, Edenderry, Fethard, Co. Tipperary, Gorey, Granard, Grey- stones, Kilkee, Lismore, Lough- rea, Mountmellick, Muineabeag, Mullingar, Newcastlewest, Passage West, Portlaoise, Roscommon, Shannon, Tramore, Tuam. Ardee, Balbriggan,

It would seem that the Fire Services Act, 1981 has now become an additional object for pre-contract enquiries.

Towns:

Such enquiry would seek information about any notice served on the vendor and would go on to ask if the vendor had reason to believe that the local authority was requiring or would require work to be done under the Fire Services Act, 1981. A notice under this Act does not come within the disclosure of notices provision in clause 17 of the Incorporated Law Society's current General Conditions of Sale—hence the need for the pre-contract enquiry.

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