Joan Burton (Dublin West, Labour)
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Question 559: To ask the Minister for the Environment, Heritage and Local Government the persons who should be responsible for the maintenance of shared facilities in relation to the role of management companies in mixed housing developments; and if he will make a statement on the matter. [31485/06]

Joan Burton (Dublin West, Labour)
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Question 560: To ask the Minister for the Environment, Heritage and Local Government the remit of the working group on management companies; the persons who are the members; when it expects to report; and if he will make a statement on the matter. [31486/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 559 and 560 together.

I have established a Working Group on Management Companies/Taking in Charge of Estates, representative of local authorities, builders, architects, planners and consumer interests. The Terms of Reference of the Working Group are:

To consider the question of responsibility for the maintenance of common shared facilities (roads, sewerage, footpaths, public lighting, large open spaces, smaller landscaped open spaces, car-parking, etc) in residential estates, including the newer type of mixed high-density estate, and to arrive at agreed policy solutions with a view to issuing appropriate guidance to planning authorities.

To consider the issues around completion of estates and the taking in charge process (having regard to the statutory requirements under section 180 of the Planning and Development Act 2000), to identify problems and arrive at agreed solutions, again with a view to issuing appropriate guidance.

The following is the list of members:

Department of the Environment, Heritage and Local Government representatives:

Oonagh Buckley, Principal Officer, Planning Section (Chair)

Marian O'Driscoll, Assistant Principal Officer, Planning Section

Aileen Doyle, Senior Advisor, Planning

Aidan O'Connor, Principal Advisor, Housing

Liam Johnson, Assistant Principal Officer, Private Rented Sector

Local Authority representatives:

Ciaran McNamara, Executive Manager, Dublin City Council

David O'Connor, Director of Planning Services, Fingal County Council

Paul Ridge, Director of Planning Services, Galway County Council

Other interests

Catherine Courage, National Consumer Agency

Hubert Fitzpatrick, Irish Home Builders Association

Philip Jones, Irish Planning Institute/Royal Town Planning Institute

Bryan O'Rourke, Royal Institute of the Architects of Ireland.

The Working Group met on 28 September and will meet again at intervals of about 3 weeks. The Group aims to produce a draft guidance document by the end of this year, to be issued as part of my Department's revised residential development guidelines. In accordance with the Terms of Reference, the question of who should be responsible for the maintenance of certain shared facilities in the newer type of mixed estate (that is, whether, and to what extent, planning authorities should take these in charge, or what responsibilities residents should have for maintenance) will be a key consideration for the Working Group.

Joan Burton (Dublin West, Labour)
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Question 561: To ask the Minister for the Environment, Heritage and Local Government the action he proposes to take regarding the resolution of disputes between residents and management companies; his further views on the fact that many residents incur civil debts in regard to dispute resolution; and if he will make a statement on the matter. [31488/06]

Noel Ahern (Dublin North West, Fianna Fail)
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I am very conscious of the issues now arising in relation to apartment management generally. This system of property management is relatively new in this country and a variety of questions has emerged. A number of responses are under way involving the Departments of Enterprise, Trade and Employment and Justice, Equality and Law Reform, the Law Reform Commission and the National Consumer Agency. My Department is also engaging with local authorities and the construction industry on the matter.

Arrangements for managing and maintaining the communal elements of private apartment complexes are increasingly being addressed by management companies. In general these are constituted under the Companies Acts and are required to comply with the provisions of company law which is a matter for the Minister for Enterprise, Trade and Employment. It is understood that proposals are being developed by the Minister for Enterprise, Trade and Employment for amendment to company law which it is expected will include certain provisions relating to management companies.

The National Consumer Agency published a report on management fees and service charges on 4 October. This was supplemented by a booklet entitled "Property Management Companies and You" which is a simple guide for persons thinking of buying or who have bought an apartment. This booklet will no doubt be of assistance to such persons and help to reduce the information deficit in this area.

The Law Reform Commission is currently examining legal aspects generally regarding the management of multi-unit structures and its consultation paper is expected shortly. A final report will then be prepared following the consultation period and its recommendations will be considered by the Departments concerned, including the need for new measures to be taken in this area.

The Property Services Regulatory Authority (PSRA) will have the function of licensing, regulating and dealing with complaints relating to managing agents. These are commercial firms engaged by management companies to carry out day-to-day management and maintenance. The Authority will also have a public information function in relation to property management. The PSRA, and its functions, will be statutorily provided for in legislation now being prepared by the Department of Justice, Equality and Law Reform. I understand that an Implementation Group and a Director Designate are already in place.