Oireachtas Joint and Select Committees

Tuesday, 1 December 2020

Joint Oireachtas Committee on Housing, Planning and Local Government

Construction Defects: Discussion with Construction Defects Alliance

Mr. Des McCabe:

The Apartment Owners Network is keen that the existing multi-unit developments legislation be amended. There is a key report that was produced by the Housing Agency and Clúid Housing on apartment living and management companies. We would like to see the recommendations of that report implemented. One of the report's main recommendations concerns the setting up of a regulator for OMCs. Currently, there is no regulation of OMCs. It relies on the Multi-Unit Developments Act 2011 and company and contract law . This are all mismatched. There is no one regulatory body or organisation or one-stop shop to which owners of OMCs can go. We would like to see a regulator set up.

From personal experience, I note the fire defects issue has created a huge amount of tension between apartment owners and their OMCs. In the past, much of the tension was between the management agent and the owners. Now there is a lot of tension between owners and OMCs. Owners do not feel they have anywhere to turn to. From a governance side, they cannot pick up the phone and say there is a problem with their OMC. The Property Services Regulatory Authority licences managing agents but there is no equivalent for OMCs. It is for a different time and a different debate. We are keen, however, that the Multi-Unit Developments Act be reformed as soon as possible.

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