Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context

Question 115: To ask the Minister for the Environment, Heritage and Local Government if he has considered the report of the National Consumer Agency on management fees and service charges levied on owners of property in multi-unit dwellings; if he will implement those recommendations which relate to his Department; and if he will make a statement on the matter. [36505/06]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

Two recommendations in the recent National Consumer Agency Report are stated to be for action by my Department.

Recommendation 25 refers to the completion of developments in accordance with the terms of the planning permissions and makes reference to section 35 of the Planning and Development Act 2000. Planning authorities already have substantial enforcement powers and duties under the planning legislation. Further, the Planning and Development (Strategic Infrastructure) Act 2006, which was enacted on 16 July 2006 effectively reversed the burden of proof in Section 35 of the Planning and Development 2000 Act which provided that planning authorities may refuse to grant planning permission, subject to the consent of the High Court, to any developer who has seriously failed to comply with a previous planning permission. From now on the planning authority will be empowered to refuse permission in such a case and the developer will have to go to the High Court if he wishes to apply to have this decision overturned.

Recommendation 12 is that the contract between the developer and the management company to convey the title of the buildings and common areas to the management company should include a contractual obligation on the developer to attend to the management company's snag list, prepared by an independent architect/surveyor and that this should be implemented by means of an amendment to planning legislation. Having examined this recommendation I do not consider that planning legislation is the appropriate vehicle for implementing it.