Trevor Sargent (Dublin North, Green Party)
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Question 610: To ask the Minister for the Environment, Heritage and Local Government the progress being made in putting an end to the financial burden being placed on residents in new housing developments facing large fees from management companies when such developments ought to be taken in charge by local authorities; and if he will make a statement on the matter. [4965/06]

Noel Ahern (Dublin North West, Fianna Fail)
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My Department issued a circular letter on 25 January 2006 reminding local authorities of their obligations under section 180 of the Planning and Development Act 2000 in relation to taking in charge of estates. The circular letter also clearly states that the existence of a management company to maintain elements of common buildings, carry out landscaping, etc. must not impact upon the decision by the authority to take in charge roads and related infrastructure where a request to do so is made.

I am also considering whether any further guidance should issue to planning authorities regarding planning conditions in relation to management companies. My Department asked planning authorities for a report on their policies on this matter in November 2005. Most planning authorities have now responded and it appears that the majority of planning authorities do not attach conditions to planning permissions requiring management companies to be set up in the case of housing estates. A number do so in specified circumstances, for example, where there is a shared waste water treatment plant between a number of houses.

A Law Reform Commission working group is currently examining legal aspects generally regarding management of multi-unit structures. The Government will consider the recommendations in its final report, including the need for any new legislation in this area. A recent report by an auctioneering and estate agency review group to the Minister for Justice, Equality and Law Reform recommended that property management service providers, which are commercial entities engaged by management companies or developers to carry out day-to-day management and maintenance, should be regulated by the new National Property Service Regulatory Authority.