Written answers

Wednesday, 8 November 2006

Department of Environment, Heritage and Local Government

Housing Management Companies

9:00 pm

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 19: To ask the Minister for the Environment, Heritage and Local Government when he will move to regulate property management companies and their agents; and if he will make a statement on the matter. [36627/06]

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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The Law Reform Commission is currently examining legal aspects generally regarding the management of multi-unit structures and a consultation paper is expected to be finalised shortly. Following the consultation period, a final report will be prepared and its recommendations will be considered by the Departments concerned, including the need for any new measures to be taken in this area.

The regulation of managing agents will be among the functions of the new Property Services Regulatory Authority (PSRA). The authority will licence, regulate and deal with complaints relating to managing agents, which 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. Legislation to provide for the establishment of the PSRA and other matters relating to property services is being developed by Department of Justice, Equality and Law Reform.

Apartment complex management companies are generally constituted under the Companies Acts and are required to comply with the provisions of company law. It is understood that proposals are being developed by the Minister for Enterprise, Trade and Employment for a Company Law Reform and Consolidation Bill which, it is expected, will include certain provisions relating to management companies.

Obligations of property owners in relation to management companies are the subject of private contracts and buyers should obtain adequate legal advice and information when signing contracts. A recent report and booklet published by the National Consumer Agency provides useful consumer information on property management arrangements.

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