Victoria Square apartment owners given compensation appeal go ahead

The owners of defective apartments at Victoria Square in Belfast have been given permission to appeal their failed multi-million pound compensation claim.

Residents had to leave the building in 2019 due to safety fears.

Their bid for compensation was struck out as, under the law, claims must be made within six years of a building being completed.

On Monday, new legislation was proposed by Communities Minister Gordon Lyons to increase this timeframe to 30 years.

A solicitor who represents the owners of 68 of the 91 apartments said on Tuesday that a challenge to that ruling is expected to be launched.

James Turner, of the O'Reilly Stewart law firm, said his clients had been granted leave by the High Court to appeal the judgment.

The companies involved in construction and fitting out of the apartments deny liability.

Completed in 2008, the city centre apartments on Chichester Street have been empty for the past five years.

In April 2019, all residents were told to move out following an assessment of a structural column.

Ulster Garden Villages Ltd, a charity which owns more than half the apartments, and individual owners joined forces to sue the builders and architects involved in the development.

They claimed for structural defects, negligence and loss of value in a joint lawsuit, estimated to be worth up to £25m.

Construction firms Farrans and Gilbert-Ash, along with architecture company Building Design Partnership, all denied any liability.

The three defendants successfully applied to have the action struck out on the grounds that it was statute barred.

Under laws in Northern Ireland a claim for compensation must be lodged within six years of a building being completed - unlike the 30-year timeframe in England and Wales.

Mr Justice Huddleston agreed to dismiss the action after finding the apartment owners had not brought their case within that limit.

Stormont Communities Minister Gordon Lyons announced on Monday that new legislation will be brought forward to bring Northern Ireland into line with the law in England and Wales.

With the case set to be listed for a further hearing in the Court of Appeal later in the year, no grounds of challenge have been disclosed at this stage.

But Mr Turner added: "If this action had been brought elsewhere in the UK it would most likely not have been struck out."