Dermot Ahern (Louth, Fianna Fail)

I may end up simply repeating myself, save to say that I have sympathy with regard to the retention issue. However a problem arises in the case of an apartment block with many units. If a retention of 5% were allowed, vast figures could be retained by the owner management company. For example, if there were a retention such that the entire amount retained by the owner management company was €500,000 or €1 million, the whole issue of how and when that would be released would be extremely complex. Would it be released in stages depending on what has yet to be finished? It is likely any such provision would apply to relatively small issues such as whether the tiles are properly laid in the common areas or the carpet in the halls leading to apartments are satisfactory. The issue of snagging cannot really be dealt with.

I have been involved in disputes before with regard to single purchasers of houses built by builders where retention moneys have been at issue until the development is finished. It is always the source of much complaint. If there is to be retention, there is a provision in the Government amendment to allow for alternative dispute resolution to prevent people from having to go to court. However, if an owners' management company had a massive amount of money retained and there was a dispute over the completion, it would end up in court, unfortunately.

I will make regulations specifying who would be considered qualified to conduct a prior fire safety inspection and issue fire safety certificates subsequently.

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