John Gormley (Dublin South East, Green Party)

The Government is determined to ensure that the public concerns relating to multi-unit developments and property management companies are urgently addressed. This issue is broad and touches on a wide range of legislative and policy areas and legal documentation, leases and other legal agreements between buyers, sellers and management companies, as well as consumer protection and company law issues. A targeted study and consultation process has been undertaken by the Law Reform Commission in relation to multi-unit developments and is nearing completion. An interdepartmental committee chaired by the Department of Justice, Equality and Law Reform was established after the publication of the initial Law Reform Commission consultation paper and includes representation from my Department. This committee will help to identify the legislative and administrative actions to be taken in response to the recommendations for legislative reforms. I understand that the Minister for Justice, Equality and Law Reform, with input from relevant Departments, will progress whatever legislation may be necessary in response to the Law Reform Commission report.

My Department does not have a central role in the management and maintenance of private apartment schemes or other private accommodation, or the operation or governance of property management companies in private developments. Our role in this area mainly arises in terms of planning and sustainable housing and a number of significant initiatives are already under way in these areas, providing an overall framework within which the creation of sustainable communities can be achieved. While these documents are generally relevant to housing in all forms, the underlying theme of sustainability, well designed quality housing, proper social community and transport networks are even more pertinent to modern apartment living.

A new policy statement of housing policy, Delivering Homes, Sustaining Communities, was launched in February 2007. The policy statement strongly endorses the vision of better quality housing in sustainable communities, as set out in Towards 2016. The statement sets out a vision to guide the transformation of the Irish housing sector over the next ten years by delivering more and better quality housing responses and by doing this in a more strategic way. It sets out a range of actions geared at building sustainable communities and responding to housing need in a way that improves choice and encourages individual responsibility within communities. There is a clear emphasis on a services approach, one which tailors supports to households taking account of their position in the lifecycle, effectively delivering housing programmes to get better outcomes for the households supported and better value for money for the taxpayer. The emphasis following publication has been on implementation of the reform agenda set out in the statement. This has involved consultation with stakeholders, developing the detail of schemes and progressing the drafting of legislation to reflect the social housing reform agenda set out in the policy statement.

In March 2007, my Department launched new design guidelines on housing delivery entitled Quality Housing for Sustainable Communities. This was followed in September 2007 by new design standards for apartments, which aim to promote good living environments which can support successful apartment living, particularly in terms of better internal space standards, including storage space. These documents form part of a suite of guidance documents which my Department is developing to promote quality in housing and neighbourhoods. I welcome this focus on sustainable communities that meets the diverse needs of existing and future residences that are sensitive to the environment and contribute to a high quality of life. This is particularly timely and relevant in the context of multi-unit developments where issues of interdependence and the complexities of high density living arise in a more pronounced way.

In February, I published for public consultation new draft planning guidelines on sustainable residential development in urban areas which update and expand the 1999 residential density guidelines. The public consultation period on the draft guidelines closed earlier this week and the comments and submissions received will now be fully considered with a view to finalising the guidelines later this year. The new guidelines are accompanied by a best practice urban design manual. The proposals involve setting high standards in terms of space and facilities, which will help achieve the most efficient use of urban land through housing densities that are appropriate to the location involved and the availability of supporting services and infrastructure, particularly transport services.

Intrinsically linked to the strategic planning of sustainable communities is the co-ordinated delivery of the necessary infrastructure and services in those strategic locations currently under development pressure. New developments need to be more than just the provision of houses. It is essential that schools, community facilities, employment, transport and amenities are integrated with the housing development process in a timely, cost-effective and sustainable manner. Key infrastructure such as roads, water and wastewater services should anticipate rather than follow the delivery of new housing.

A Minister of State in my Department, Deputy Batt O'Keeffe, was mandated to take responsibility for driving this developing areas initiative. A dedicated unit has been established in my Department to work with the local authorities and delivery agencies in resolving blockages and providing a coherent approach to servicing and releasing these lands for development. I congratulate Deputy Batt O'Keeffe on his elevation to higher office as Minister for Education and Science.

Last December, as a further step in improving quality in housing, I introduced building regulations for new dwellings, including new multi-unit developments. The regulations, which meet in full the 2007 commitment in the programme for Government in this area, are intended to achieve a 40% reduction in energy consumption and a 40% reduction in related CO2 emissions from 1 July next. These new measures were the start of a whole new dynamic which I intend to bring to bear on the energy efficiency of our dwellings over time. My proposals are as follows. I will review the building regulations again in 2010 with a view to a 60% improvement over the 2005 standards for new dwellings. As a natural evolution of this process and as stated in the recently published Statement of Strategy 2008-2010 of my Department, my aim is to achieve zero carbon emissions associated with the development of dwellings and buildings in general at the earliest date practicable. As part of this process, I will invite local authorities, building on the experiences of the House of Tomorrow initiative, to submit proposals for a number of targeted and focused demonstration projects within their housing programmes, aiming towards zero carbon housing and based on criteria to be issued by my Department. I will work closely with the Minister for Communications, Energy and Natural Resources in the roll-out of the building energy rating system for all dwellings and in developing strategies for the retrofitting of existing dwellings. In my direct area of responsibility, I intend to reinforce a strong energy efficiency component in ongoing programmes of refurbishment and upgrading works of local authorities.

The energy area is also directly connected to the issue of the management of multi-unit development as greater efficiencies are available both in capital and operational terms when energy services are managed on a shared or collective basis. Group heating systems can be matched with combined heat and power and with renewable energy to bring about major energy savings in energy costs for residents and greenhouse gas emissions. The recommendations being developed by the interdepartmental committee I referred to earlier will take account of the need to ensure that the legal framework for management of multi-unit developments facilitates and encourages energy efficiency and renewable energy.

I wish to refer to the matter of responsibility for shared facilities in residential estates, including high density estates comprising a mix of houses and apartments. In February last my Department issued policy guidance to planning authorities asking them to adopt or update policies on the taking in charge of estates, which will include the following essential elements. Certain core facilities, namely, public roads and footpaths, public lighting, public water supply and sewerage, public open spaces and unallocated surface parking areas will generally be taken in charge and then maintained by the planning authority. The issue of taking in charge must be addressed at the pre-planning stage and the developer must identify clearly on the planning drawings the areas that will be taken in charge. Developers will be required, through the development management process permission, to complete residential developments to a standard that is in compliance with the planning permission granted. Planning authorities must take all necessary measures in this regard, in particular through securing adequate bonds, inspection of construction and enforcement action when necessary. The procedures for taking in charge must begin promptly on foot of a request by the majority of the residents in the development or by the developer, as appropriate. Protocols, including timeframes, must be set out by planning authorities to respond to requests for taking in charge.

Where there are core facilities in existing residential developments which were approved by the planning authority on the basis that they would remain private and be maintained by a management company, these must be taken in charge if the majority of residents request it. Planning authorities must not include management companies as a condition of planning in respect of traditional housing estates, save in very exceptional circumstances. Planning authorities should only attach planning conditions requiring management arrangements in high density estates in limited circumstances. Such cases would include requiring management to maintain the exterior and shared internal areas of multi-unit structures, as has traditionally been the case. Also, management arrangements might be considered necessary to maintain certain shared external facilities that will not be taken in charge, for example, highly landscaped open spaces or allocated car-parking. As these facilities have effectively replaced what were the owners' private gardens in the traditional housing estate, it is considered reasonable that the residents should maintain them.

Implementation of this policy will, effectively, mean that residents in high-density estates that include multi-unit structures will be on the same footing as residents in traditional housing estates regarding the facilities that will be taken in charge by the planning authority.

These guidelines and strategies make a valuable and relevant contribution to the creation of sustainable communities, where people can and want to live and work. I will ensure that my Department will continue to deliver on its remit in this area.

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