Seanad debates

Wednesday, 10 March 2010

Multi-Unit Developments Bill 2009: Committee Stage

 

4:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

These amendments propose changes to section 18(4). Amendment No. 62 extends dispute resolution to cases where there are separate blocks or buildings in a development, where there are units of different character, residential and commercial, in the development or where units are put to different uses in the development. Amendment No. 63 inserts three new subsections under section 18(4). The need for these new subsections mainly arises from the expansion of the scope of the Bill to mixed use development. Such developments can encounter different types of problems compared with residential only developments.

The first additional subsection provides that the court may make an order which determines whether the management structure of a mixed use development is in line with the provisions of the Act and, if not, the court may direct that certain steps be taken to ensure the management structure is in compliance with the Act.

The second subsection concerns cases that where proposals are made which would alter the character of a mixed use development, the court may make an order which determines whether any such proposal would affect any class of unit owner in a disproportionate or inequitable manner. The third subsection provides that an order may be made which directs the developer to complete the multi-unit development in accordance with the terms of the contract, planning permission or the Planning and Development Acts and the Building Control Acts.

I can accept amendment No. 64 which amendments the collective citation of the Planning and Development Acts but not amendment No. 65.

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