Catherine Murphy (Kildare North, Independent) | Oireachtas source

The vast majority of people, when buying a house, are unaware that the planning permission requires development contributions. These contributions vary throughout the country, from a couple of thousand euros to €15,000 or €16,000 in some cases. Builders and developers include this in the cost of a house and have always done so. Local authorities have frequently allowed and continue to allow developers to pay levies in increments. This arrangement bypasses the homeowner and it is not a public process. If what is occurring, as highlighted in the case of Wicklow, is to become the norm, incremental payment would have to stop and a more robust certification and collection process would be needed.

The Minister of State must clarify for homeowners where liability lies. Does the council have a duty of care to those who purchase a house in respect of ensuring planning permission guidelines are properly complied with? The interpretation of the local authority in Wicklow is that there is co-responsibility between the developer and homeowner to comply with planning permission guidelines. That is just crazy. The planning permission is a legal instrument that gives the benefit of permission to construct an estate in accordance with its stipulations.

Are those who purchased a home also to be liable in respect of other conditions of their planning permission? Will they be obliged to ensure that a bond remains in place, for example, or that the roads and footpaths are constructed according to the specified conditions? Must they oversee the construction of the underground services?

The legislation of 2000 appears to be silent in regard to responsibility. The section that deals with special contributions shows that the relationship is between the developer and the council. Where a special development contribution is applied and the work is not done, that special contribution is repaid to the developer. It is not repaid to the homeowner who purchases the house. This practice must be nipped in the bud. The Minister of State must offer clarification and I hope he will be able to do so today.

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