Rates bills paused for Victoria Square apartment residents as ‘solution sought’

Residents of the apartment complex in Belfast city centre left the premises in 2019 after structural issues were found.

However, despite being unable to live there, residents had to continue to pay rates and some other bills.

The situation was discussed by ministers at a meeting of the Executive on Thursday.

Finance Minister Caoimhe Archibald announced later during a visit to the Strule Shared Education Campus in Omagh that rates bills and legal action for the non-payment of rates have been paused for the residents.

She said she is "deeply concerned at the plight of Victoria Square apartment owners who have found themselves in a situation not of their making".

Ms Archibald described "complex matters" but said she is "committed to working with ministerial colleagues to find a way forward".

"Ministers are committed to working together to do what we can to help support the residents as much as possible during what is a very distressing time," she said.

"Land and Property Services (LPS) must act within the legislation and case law which governs the rating system here.

"LPS has put a pause on bills and legal action for non-payment of rates while efforts are ongoing to resolve this matter. My focus is on finding a way forward."

Earlier, speaking during a visit to Hillsborough Castle, First Minister Michelle O'Neill said: "We're determined to try and do our best to do whatever we can to support them through this time.

"We're very conscious that there are legal proceedings under way and we don't want to interfere with any of that, but we had a very good conversation in the Executive around collectively what across the ministerial portfolios that we could do and our ministers are going to continue to work through that.

"There are legal implications for things that they have to work their way through and take their time so that whenever we do arrive at a solution we can do something to help these people that we actually have it right."

Deputy First Minister Emma Little-Pengelly added: "Right around that Executive table everybody wants to do what they can do to support those people.

"There are legal issues that are involved in that and that will require a legislative or legal fix, that is being worked through."

Last week, a legal bid for compensation by the owners of the Victoria Square apartments failed after it was found to have fallen outside the terms of existing legislation, which requires claims to be made within six years of the property's construction.

Residents had to leave the apartments in 2019 after a defect was identified in a structural column. They have been unable to return yet are still subject to paying certain bills, such as rates, for their properties.

Ulster Garden Villages charity owns 54 of the 91 apartments in Victoria Square. The remaining properties are owned by individuals.

After the case was struck out, Assembly members have faced calls to change the law to extend the statutory time limit to 30 years.

The construction of the apartments, which sit above the Victoria Square shopping complex, was completed in 2008.

The limit for claims was extended from six years to 30 years in England and Wales two years ago.

In a statement, Ulster Garden Villages welcomed the move to suspend rates bills.

"This is the first piece of good news that Ulster Garden Villages has received in relation to the Victoria Square Apartments since 2019," they said.

"We note that the Northern Ireland Executive is currently engaged and willing to take action around the plight of the owners; there is no doubt that this is a very positive first step.

"Going forward, it is the legislative change that will make a lasting difference. With that in mind we hope to engage with the political parties including the Minister for Communities to ascertain how these changes can take place in a timely and effective manner.

"We look forward to meeting our elected representatives and seeking their commitment to immediate action resulting in an equitable resolution for all apartment owners."

Meanwhile, the management company which manages the apartments also welcomed the move as a positive first step and said more decisive action is needed.

"This is a welcome first step and with this acknowledgement that rates should not be payable on the apartments this year, then logically any rates which have been paid since April 2019 should be refunded.

"Apartment owners are in the same position now that they have been in since April 2019," they said.

"We welcome this political intervention but we need to see more including a firm timetable for the swift introduction of legislation which will extend the warranty period for new buildings.

"That is what will allow the owners to seek full legal redress. We will be seeking meetings with Executive ministers in the coming days and weeks."