Catherine Murphy (Kildare North, Independent)
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Question 231: To ask the Minister for the Environment, Heritage and Local Government the consideration he has given to the regulation of management companies in mixed housing developments; and if he will make a statement on the matter. [9917/06]

Dick Roche (Wicklow, Fianna Fail)
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A Law Reform Commission working group is currently examining a range of legal issues in relation to the 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.

Following a request for information from my Department, I understand 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 in specified circumstances, for example, where there is a shared waste water treatment plant between a number of houses.

The Department issued circular letter PD 1/06 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 considering whether any further guidance should issue to planning authorities regarding planning conditions in relation to management companies.