Catherine Murphy (Kildare North, Independent)
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Question 446: To ask the Minister for the Environment, Heritage and Local Government the consideration he has given to the regulation of management companies in mixed developments; and if he will make a statement on the matter. [14169/06]

Catherine Murphy (Kildare North, Independent)
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Question 447: To ask the Minister for the Environment, Heritage and Local Government if he will amend the relevant sections of the Planning and Development Act 2000 to exclude the use of management companies, except for multi-occupancy dwellings; and if he will make a statement on the matter. [14170/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 446 and 447 together.

Management companies for residential developments are generally constituted under the Companies Acts and required to comply with the provisions of company law, which comes within the area of responsibility of the Department of Enterprise, Trade and Employment. I understand also that many aspects of the establishment and operation of these companies are governed by the conveyancing documentation relating to particular developments. In many cases, day-to-day management and maintenance in apartment complexes or mixed developments is carried out by property managing agents, which are commercial entities engaged by management companies. I understand that the functions of the new national property services regulatory authority being established under the aegis of the Department of Justice, Equality and Law Reform, are to include the regulation of property managing agents.

With regard to planning conditions and management companies, the majority of planning authorities have indicated, in response to a request for information from my Department, that if they attach planning conditions regarding the establishment of management companies in mixed developments of houses and apartments, they generally do so only in relation to the shared private areas relating to the apartments. In a circular issued on 26 January 2006 regarding the taking in charge of estates, planning authorities were informed 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 of a housing estate where a request to do so is made. I am considering whether further advice should issue to planning authorities regarding management companies and planning conditions.

The Deputy will also be aware that a Law Reform Commission working group is examining a range of legal issues 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.