Emer Higgins
Question:397. Deputy Emer Higgins asked the Minister for Justice when the review of the Multi-Unit Developments, MUD, Act 2011 will be published; and if she will make a statement on the matter. [40984/23]
View answerTuesday, 26 September 2023
Questions (397)
Written answers
The Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.
The Programme for Government contains a commitment to conduct a review of the existing management company legislation, to ensure that it is fit for purpose, and that it acts in the best interests of residents. This is referring to the Multi-Unit Developments Act 2011.
In regard to the review, my Department is engaging with the Department of Housing, Local Government, and Heritage to ensure that it is fully informed by that Department’s appreciation of the key problems and issues requiring to be addressed in this sector.
As the Deputy will be aware, the Minister for Housing, Local Government and Heritage has brought forward a number of important initiatives in relation to multi-unit developments.
These include the remediation scheme which Minister O’Brien announced earlier this year, and which will provide support for the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. The Department of Housing, Local Government and Heritage also published in July this year, a Code of Practice for remediation of such defects to ensure a consistent approach nationwide to remediation, which will allow stakeholders such as OMCs and industry to align their work with its provisions.
The Department for Housing, Local Government and Heritage is also currently working with the Housing Agency on advice and guidance on the steps OMCs should take when carrying out such safety works. This includes funding mechanisms for interim fire safety measures in extreme cases, and the Department for Housing, Local Government and Heritage further states that further details of this will be published in the Autumn. That Department is also working to draft the necessary legislation to underpin the scheme.
In addition, the Government’s housing plan, Housing for All - a New Housing Plan for Ireland, also provides for Regulations to be made under the MUDs Act relating to the:
• management of annual service charges by OMCs; and
• expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure)
My Department is also working with the Department for Housing, Local Government and Heritage to progress the drafting of these Regulations.
As the Deputy will appreciate, the work of my Department in relation to multi-unit developments will be guided by that of the Department for Housing, Local Government and Heritage in relation to overall housing policy, in view of its central role in this area. It is also important that the review of the Multi-Unit Developments Act 2011 would be informed by key ongoing developments such as the above remediation scheme. As the above initiatives are being prioritised, it is not possible to say when the review of the Act will be published.