Dáil debates

Wednesday, 28 January 2015

Other Questions

Unfinished Housing Developments

10:30 am

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael) | Oireachtas source

The Deputy is right to point out that there are many legacy issues. We are all witnessing those in our own constituencies. However, ultimately, the developer has responsibility and should not be left off the hook. The local authority has enforcement powers to ensure that a developer is pursued to ensure that full planning compliance and conditions are adhered to.

The Deputy is aware that a planning authority is required to initiate the taking in charge of an estate in two scenarios. The first is where the estate is properly finished and it is at the request of the developer or a majority of the owners of the houses. The second is where the estate is not finished properly in accordance with the planning permission and enforcement proceedings have not been commenced within seven years of the expiration of the permission authorising the development at the request of the majority of the owners.

What that means is that where a local authority has not been proactive in enforcement and pursuing the developer, the majority of the owners can then petition a local authority to take the estate in charge. I recognise from where the Deputy is coming. The planning (No. 2) Bill, which will come before the Oireachtas and has been published, will provide further opportunity for engagement with Deputy Murphy and other Deputies, as well as the joint committee.

I wish to reassure Deputies that the new building regulations and inspection regimes and the requirement for certification and standards will, I hope, mean we will not see any further legacy issues in any new Bills to which the Deputy refers.

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