Dáil Éireann Debate, Thursday - 11 October 2012
152. Deputy Clare Daly asked the Minister for Justice and Equality if he will outline the steps available to a person who is dissatisfied with the response they receive from the Property Service Regulatory Authority upon making a complaint. [43939/12]
View answerThe Property Services (Regulation) Act 2011, which established the Property Services Regulatory Authority, provides at section 63, that any person may make a complaint in writing to the Authority alleging that improper conduct by a licensee has occurred or is occurring. Where the Authority receives such a complaint it shall cause it to be investigated unless it is satisfied that the complaint is;
- not made in good faith,
- frivolous or vexatious or without substance or foundation, or
- likely to be resolved by mediation or other informal means between the parties concerned.
Section 74 of the 2011 Act provides for the establishment of the Property Services Appeal Board, to hear and determine appeals against certain decisions of the Property Services Regulatory Authority. The Government appointed a Chairperson and five ordinary members of the Property Services Appeal Board in July 2012.
Any person aggrieved by the decision of the Authority to;
- decline to have an investigation carried out into the complaint,
- impose a “minor sanction” on a property services provider the subject of the complaint, or
- dismiss the complaint against the property services provider may, within 30 days from the date of receipt of notice of the decision, appeal to the Property Services Appeal Board against the decision.
