Results 2,541-2,560 of 16,849 for speaker:Dermot Ahern

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: I am inclined to agree with the principle of amendment No. 50 and we will come to that later. The completion not only of individual apartments but also of entire estates, including the communal areas, is a vexed issue. We also have the 5% retention issue. While, with the best will in the world, we would like to have a system to hold developers, that issue is fraught with difficulty....

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: The purpose of amendments Nos. 2 and 3 is to amend the definition of "development stage". The current wording provides that development stage ends when certificates of compliance with the planning and building control codes have been issued. It has emerged from consultation with the Department of the Environment, Heritage and Local Government and other stakeholders that definitive...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: The deletion of this definition would case grave difficulty regarding multi-unit developments that are completed in phases. If we were to delete this, it would leave the legislation deficient and I cannot accept the amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This amendment replaces the text of section 2(4) and involves two changes in the existing text. The current text is restricted to mixed-use multi-unit developments in which there is more than one owners' management company. It has been drawn to our attention by the Law Society that some large mixed use developments have only one such company and it is therefore necessary to broaden the...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: My Department received a number of queries following Committee Stage. It became apparent that there is still some confusion about whether the Bill's provisions apply to all existing multi-unit developments. This amendment makes it clear that except where otherwise stated, for example, in sections 3 and 13 which apply to future multi-unit developments, the provisions of the Act will apply to...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This was debated on Committee Stage. I believe section 3(2)(b) makes it clear that the section applies to any person who is the owner of common areas of a multi-unit development, which in most cases, although not all, would be the developer. It might very well be a builder or subcontractor. It is trying to encompass all the persons that would be involved in the laying out, ultimately, of...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This Bill seeks to address shortcomings in current arrangements concerning the transfer of control of owners' management companies to unit owners. One of the shortcomings that has come to light in recent discussions with stakeholders is the lack of any detailed contract between the developer and the owners' management company which would set out the developer's obligations to the company in...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: It is in the introduction to amendment No. 10.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: It is simply to allow for the addition of "(c)".

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: On the transferral of beneficial ownership, as is being opposed in this amendment, the idea is that the beneficial and legal ownership is split. The legal ownership transfers on the sale of the first apartment but the beneficial ownership ultimately merges on completion of the development. Transferring the beneficial ownership of the common areas in the manner suggested would therefore run...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: We did take up the matter of amendment No. 42 with the Department of the Environment, Heritage and Local Government, which said it had already issued guidelines on the design of new apartments, including minimum standards for floor areas, storage spaces, balconies and room dimensions. In addition, communal facilities for drying clothes may be provided in well ventilated areas and, where this...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a drafting amendment. Section 3 deals with new multi-unit developments in which no units have been sold at the date on which the Act comes into effect.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a technical amendment to cater for the fact that certain multi-unit developments are completed in phases. It makes clear that the obligations on developers set out in section 3 also apply in respect of such phased developments.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: I indicated on Committee Stage I would reconsider this matter in the meantime. It may well be that I will be obliged to reconsider this matter further between now and the Bill's appearance before the Dáil because the Department received a complex submission from the architects' body late last Friday. It was too late to be considered in the context of Report Stage in this House and...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: The amendment seems to be based on a misunderstanding of section 3, the requirements of which apply to future multi-unit developments. If some of the units in a development have been sold, section 4 applies, while if the development has been substantially completed, section 5 applies. I am told the amendment is not necessary.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: I indicated on Committee Stage that I would be proposing amendments to deal with the liability of a developer to pay service charges and the sinking fund contributions in respect of unsold units. Amendment No. 32 will make the developer liable for the annual service charge on unsold units from the date on which the first unit in the multi-unit development is sold. Amendments Nos. 34 and 35...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a drafting amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This amendment fails to recognise that section 4 has been designed to cater for multi-unit developments which are partly completed, that is, some units have been sold but the development is not substantially completed to the standard which would bring it under section 5. It is, therefore, incumbent on the developer to complete the development. We do not see a basis for the proposed...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: Section 4 imposes an obligation on a developer to transfer the common areas in substantially completed developments to the owner-management company within six months of the enactment of the legislation. On the issue of certifying by a professional person, we will look at this issue between now and the Dáil examination of this Bill because there are issues relating to surveyors and other...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This inserts a new section into the Bill and arises from recent discussions between my Department and the Law Society. The new section will place an obligation on the owners' management company to join in any transfer or conveyances of units and to take any reasonable steps to enable a purchaser to obtain good marketable title to the property. The Law Society suggested that a provision along...