The Planning and Development Act 2000, as amended, and the Water Services Acts 2007 to 2018 set out the statutory provisions which allow local authorities and Irish Water to take control of water and waste water services infrastructure, including developer provided wastewater treatment systems, where it is appropriate to do so.
Section 180 of the Planning and Development Act 2000 (the Act) provides for the taking in charge of housing developments by planning authorities. The legislation sets out the process to be followed when a development is considered to have been satisfactorily completed, as well as where it has not been completed to the satisfaction of the planning authority.
While Irish Water is not a planning authority, it is a prescribed body under the Act for applications for planning permission where it appears to the authority that the development might impact on the provision of public water services. The obligation to take in charge wastewater infrastructure for developments which are completed satisfactorily remains with planning authorities, unless such infrastructure has already been vested in Irish Water through a Connection Agreement pursuant to the Water Services Acts.
When taking an estate in charge under section 180 of the Act, the local authority shall take in charge “any sewers, water mains or service connections within the attendant grounds of the development” which must then be transferred to Irish Water by Ministerial Order pursuant to section 12 of the Water Services (No. 2) Act 2013.
I have no plans at this time to amend the arrangements by which wastewater infrastructure may be taken in charge.