Seanad debates

Wednesday, 10 March 2010

Multi-Unit Developments Bill 2009: Committee Stage

 

1:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I apologise for not being here to move the amendment and I am very grateful to my colleague, Senator Prendergast, who did so. I was attending a committee meeting. I am grateful to the Minister for indicating he has a certain sympathy for this amendment, particularly in light of the changing economic position. With the housing market more or less collapsing, the fear that this would lead to an increase in the purchase price of the property has much less foundation. I am also grateful that the Minister has indicated he will review the issue between now and Report Stage.

The Royal Institute of Architects in Ireland has been actively lobbying the Minister on this issue. It is asking that the provision be inserted and the Law Reform Commission also recommended it. Our amendment and that of Senator O'Toole are very much drawn from the Law Reform Commission's report and suggested wording.

The Minister may refer to amendment No. 63, which would give some come-back where there had not been completion to the satisfaction of the purchasers. We are suggesting that this amendment would be a more effective way of ensuring that completion is carried out satisfactorily as it would pre-empt the need to take court action. There would be a financial incentive to complete the development as well.

The amendment as printed has a typographical error and the first reference to "developer" should read "purchaser". I sent an amended version to the Bills Office but the other version has been printed. I ask the Minister to take this proposed amendment very seriously and take on board the arguments made by the architects' institute and the Law Reform Commission in arguing that this should be done.

This provision would protect the interests of purchasers to secure proper completion and hand-over of common areas in apartment developments, both outdoors and inside. It would protect the legitimate interests of all those involved in the sale and purchase of such developments. I thank the Minister for his contribution and I hope to see some progress between now and Report Stage.

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