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Property Management Companies

Dáil Éireann Debate, Thursday - 14 February 2013

Thursday, 14 February 2013

Questions (253)

Peadar Tóibín

Question:

253. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the options for residents in housing estates managed by private management companies; and if he will make a statement on the matter. [7937/13]

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Written answers

My Department has no function in relation to the operation of property management companies. The Multi Unit Developments Act 2011 , which falls under the remit of my colleague the Minister for Justice and Equality, regulates the management and operation of such companies.

In the matter of the taking in charge of estates, the legislative provisions in relation to taking in charge are contained in Section 180 of the Planning and Development Act 2000. Section 180 provides, in relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, that the planning authority must, if requested to do so by the developer or by the majority of the qualified electors who are owners or occupiers of the houses involved, initiate the procedures in section 11 of the Roads Act 1993 for declaring the road(s) to be public roads, for whose maintenance the local authority will then be responsible. It is a matter for the elected members to decide whether or not to take in charge the roads in question. In relation to estates which have not have been completed to the satisfaction of the planning authority and where enforcement proceedings have not been commenced within the relevant period, section 180 also provides that the planning authority must, if requested to do so by the majority of the residents as defined above (but not the developer), initiate the procedures in section 11 of the Roads Act. Section 180 also provides that, where a planning authority makes an order under section 11 of the Roads Act, it must also take in charge any open spaces, car parks, sewers, water mains or drains within the attendant grounds of the development.

Question No. 254 answered with Question No. 252.
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