Dáil debates

Wednesday, 15 December 2010

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages

 

10:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)

I move amendment No.1:

In page 4, between lines 13 and 14, to insert the following:

" "complete" in relation to a development means complete to the agreed satisfaction of the developer and the owners' management company and the planning authority;".

I do not intend to take up the time of the House on this. We discussed it on Committee Stage and unfortunately, we do not have the time on Report Stage that this Bill deserves. It is important that the Bill is concluded because there are many people out there who need the protection that comes from the regulation of management companies.

Amendment No.1 requires that a development would be completed to the satisfaction of the developer and the management company. All Members know that this business of unfinished developments and estates has pockmarked the lives of so many communities over the years. It is a torture for residents and it is important that the Minister addresses it. It is also important in the context of the Law Reform Commission recommendation that the management company would sequester 5% of the price of the purchase until such time as the development is finished. The Law Reform Commission set out its reasoning behind that. I am surprised that the Minister was not sure about whether he would take that on board on Committee Stage. It is not a proposal coming from the Labour Party or from Fine Gael. It is a proposal supported by both parties that is coming from the Law Reform Commission. I would have thought that the Minister would be minded to take that on board.

I am not minded to give the Minister a long lecture tonight about the sacrosanct links between his party and builders, but he has to advance an explanation as to why he has taken so much of the Law Reform Commission report on board, but not this particular recommendation. From experience in my own constituency and speaking to colleagues from across the House, this business of unfinished developments is a huge problem and we have an opportunity here to deal with it.

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