I propose to take Questions Nos. 262, 267, 270 and 271 together.
A working group of the Law Reform Commission is examining a range of legal issues relating to the management of multi-unit structures. The Government will consider the recommendations of the final report, including the necessity, if any, for new legislation in this area. Management companies operate in the majority of apartment developments, in some other higher density developments, often with a mix of designs, and in a very small number of standard housing developments. The role of management companies is to maintain the common property, including buildings, sewers, water pipes, public lighting, roads and footpaths contained within the boundaries of the overall property. When housing developments are taken in charge, it is the responsibility of the local authority to maintain public infrastructure such as roads, footpaths, sewers, water mains and public lighting. The existence of a management company should not override the legal obligation on developers to complete estates and, where required by the planning permission, to maintain estates until they are taken in charge.
Section 34 of the Planning and Development Act 2000 introduced a number of provisions designed to ensure that housing estates are finished as soon as possible, maintained to a satisfactory standard for the benefit of those living in them and taken in charge by local authorities. The section recognises the common practice of establishing management companies, control of which is transferred to the owners of the housing units, to maintain or manage residential developments. Individual planning authorities must make their own judgments, based on local circumstances and policies, about how and to what extent they should use the new framework planning legislation provisions in particular cases. The Department has asked planning authorities for a report on their policies on the attachment of conditions relating to management companies to planning permissions for various types of residential developments.