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Housing Estates

Dáil Éireann Debate, Thursday - 30 July 2020

Thursday, 30 July 2020

Questions (551)

Alan Kelly

Question:

551. Deputy Alan Kelly asked the Minister for Housing, Planning and Local Government his plans to address the issue of local authorities not taking in charge parts of estates that have a management company in place; and if he will make a statement on the matter. [20929/20]

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Written answers

The most recent amendments to the taking in charge provisions of the planning code were made in section 37 of the Planning and Development (Amendment) Act 2018 with a view to further strengthening and streamlining the taking-in-charge process.

Residential developments consisting of two or more dwellings that have been granted planning permission under section 34 of the Planning and Development Act 2000, as amended (the Act) may be eligible (depending on the grant of planning condition) for taking in charge. The taking in charge of residential estates by local authorities is provided for under section 180 of the Act, as amended by the 2018 Act, and is a reserved function of the elected members. 

Under Section 180 (1) of the Act, the planning authority is obliged to initiate taking in charge procedures where requested by either the developer or by the majority of owners of the dwellings in question. However, this is subject to the development being completed to the satisfaction of the planning authority and in accordance with the permission and any conditions attached to the permission. 

Legislation governing the management of multi-unit developments (typically apartment/ duplex developments, gated housing schemes, holiday homes and retirement villages) is addressed by the Multi-Unit Developments Act 2011, which comes under the remit of my colleague, the Minister for Justice.  This Act regulates the ownership and management of common areas, facilities, amenities and services of multi-unit developments, and provides for the establishment of owners’ management companies to manage and maintain such areas and facilities.  A private management company, which must comprise the owners of all of the properties in a development, is required to be put in place where there are common areas, structural elements and services and/or any grounds, open spaces, car parking or roadways that are not generally accessible to members of the public (i.e. non-residents or visitors).  Accordingly, multi-unit developments, which are operated by private management companies, do not come under the taking in charge provisions.  

I have no plans to amend the taking in charge legislative provisions.

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