Lisa McDonald (Fianna Fail)

Senator Bacik has raised an interesting point. A major problem in implementing what she has proposed is that many leases in multi-unit developments contain a restrictive covenant in this respect. Another common restriction that has cropped up lately is that wooden floors must be more than 10 cm deep. Leases which contain such restrictive provisions pose a difficulty.

The Senator's point about the planning code would be a way forward if balconies were big and wide enough. Most restrictive covenants in leases stipulate that clothing must not overhang the balcony. Therefore, if there was room on a balcony to hang clothes, their hanging would not be restricted. That practical answer is provided for but the fact is that the design of many balconies is too small to accommodate it. It is probably impossible to make the proposed provision a mandatory requirement, given the nature of conveyancing in respect of multi-unit developments, but the matter could be addressed in terms of the size of apartment balconies.