Seanad debates

Wednesday, 10 March 2010

Multi-Unit Developments Bill 2009: Committee Stage

 

1:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

Having examined the matter, I cannot accept the amendment because the deletion of the relevant lines would make the Bill less clear and cause difficulty with regard to developments which are normally completed in phases. While we may not want developments to be completed in phases, we cannot change the position and must tailor the law to this circumstance.

Amendment No. 8 addresses the issue of phased developments. Its aim is take into account the construction of phased multi-unit developments. Certain parts of developments are completed before others and it is often the case that some elements of a development are complete and occupied before work begins on the construction of others. In such cases, it would not be appropriate to provide that all common areas in a development be transferred to the management company on completion of one phase. The amendment makes it clear that the relevant parts of the common areas are those which are necessary to enable unit owners in completed phases of the development to enjoy quiet and peaceful occupation of their units.

Amendment, by leave, withdrawn.

Government amendment No. 8:

In page 4, subsection (1), line 11, to delete "development which—" and substitute the following:

"development necessary for the enjoyment of quiet and peaceful occupation of sold units and which—".

Amendment agreed to.

Government amendment No. 9:

In page 4, subsection (1), between lines 15 and 16, to insert the following:

" "residential unit" means a unit in a multi-unit development which is—

(a) designed for—

(i) use and occupation as a house, apartment, flat or other dwelling, and

(ii) has self-contained facilities;

or

(b) designed and used as a childcare facility and such facility is not intended to primarily share amenities, services and facilities with commercial units in the development;".

Amendment agreed to.

Government amendment No. 10:

In page 4, subsection (1), line 17, to delete "any estate or leasehold interest" and substitute "any leasehold estate".

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