Victoria Square: Minister seeks legal advice on law change amid defective apartments controversy

Deputy First Minister Emma Little-Pengelly said her DUP colleague and Communities Minister Gordon Lyons was “actively looking” at the potential for changing the law and would be reporting back to Executive colleagues “very shortly”.

Residents of the apartment complex in Belfast city centre left the premises in 2019 after structural issues were found. They have called on Stormont to extend a statutory time limit to enable them to take a new compensation claim.

On Wednesday, it was announced that residents would be issued with refunds for the rates bills they had paid during the period when their properties were uninhabitable.

Earlier this month, a legal bid by the apartment owners was struck out in Belfast High Court after the judge ruled it fell outside the terms of existing legislation that required claims to be made within six years of the property’s construction.

The case had been taken against architects involved in the design and two building companies. All deny any liability.

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

A charity, Ulster Garden Villages, 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.

Ms Little-Pengelly was asked about the issue during a visit to Lough Neagh on Wednesday.

“I think there’s been an incredible unfairness here,” she said.

“I think we all feel that deep unfairness to those that are impacted by this.

“Those people understandably want action very quickly.”

The deputy First Minister said at last week’s Executive meeting, Finance Minister Caoimhe Archibald and Mr Lyons were tasked with undertaking further work on the issue and reporting back “urgently” to ministerial colleagues.

“It will, as we understand it, require legislative change,” she said.

“The Minister for Communities is actively looking at this at the moment, he’s taking legal advice about that.

“He’s very conscious of the timescales on this.

“So we are positive that we will have that detailed advice to the Executive and to us very, very shortly in terms of what action we can take to support those impacted by this unjustness.”

Last week, Ms Archibald announced that the issuing of new rates bills and legal action for the non-payment of rates were being paused for the residents.

On Wednesday, the minister welcomed an announcement from Land and Property Services that refunds worth a total of £170,000 would be issued to residents covering the period from April 2019.

The properties would no longer be liable for future rates payments, and rates arrears for non-payment of bills since 2019 – totalling around £396,000 – would no longer be pursued.

“The owners of the Victoria Square Apartments have endured significant turmoil, having found themselves in a difficult situation through no fault of their own,” Ms Archibald said.

“I have been determined to find a way forward in respect of rates for the Victoria Square Apartment ratepayers.”

First Minister Michelle O’Neill said Executive ministers would do “whatever we can” to help the residents.

“If it requires legislation, then that’s what we need to do,” she said.

“But we want to continue to make some progress. We’ve done that last week. We hope to do more in the days ahead.”

Environment Minister Andrew Muir, who accompanied the First and deputy First ministers on the visit to Lough Neagh, recalled a meeting with the residents last year.

“Obviously, this is a legally complex area,” he added.

“There’s a court judgment which was published last week around this, but there is a real collective desire amongst the ministers on the Executive to address the issues arising from this.

“And we feel the real, very, very, very difficult position the residents are in and there is a desire to do whatever we can to address what is an injustice.”