Dáil Éireann Debate, Tuesday - 20 January 2015
563. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government the position regarding Irish Water automatically assuming responsibility for the provision of water services in housing estates which have not been taken in charge by the local authority; and if such responsibilities have changed in recent months. [2677/15]
View answerSection 180 of the Planning and Development Act 2000, as amended, sets out the process by which local authorities can take in charge housing estates. When taking an estate in charge under the terms of this provision, a planning authority must take in charge, among other things, any, sewers, water mains or drains within the attendant grounds of the development. The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. In addition, it provides a mechanism whereby water services infrastructure taken in charge by local authorities pursuant to section 180 of the Act of 2000 will be subsequently transferred by Ministerial Order to Irish Water.
In circumstances where a housing estate, and its associated water services infrastructure, has not yet been taken in charge by the relevant local authority, and therefore not yet transferred to Irish Water by way of Ministerial Order, the responsibility for the provision of water services remains with the developer of the estate. This responsibility has not changed in recent months.
My Department, following consultation with Irish Water and local authorities, issued a guidance circular to local authorities on 5 November 2014 clarifying the procedures to be followed by local authorities in relation to the taking in charge of existing residential estates that are connected to public water supply and/or wastewater collection systems followed by the transfer, or otherwise, of water services infrastructural assets in agreement with Irish Water. This advice is intended to facilitate and expedite the taking in charge of housing estates by local authorities and the subsequent transfer of the water services infrastructure and, consequently, the responsibility for the maintenance of water services, to Irish Water.
This matter will be kept under review by my Department and further guidance will be issued if required.
