Gay Mitchell (Dublin South Central, Fine Gael)
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Question 1808: To ask the Minister for the Environment, Heritage and Local Government if he will ensure that action is taken to address the concerns of residents of private apartment complexes who have difficulty with management companies especially on issues of public safety, such as for a person (details supplied) in Dublin 8. [1012/07]

Noel Ahern (Dublin North West, Fianna Fail)
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Property management companies are generally constituted under the Companies Acts and are required to comply with the provisions of company law. Their membership consists of apartment owners themselves and in some cases nominees of the developer. Rights and obligations of property owners in relation to management companies, arise from company law provisions and also from private contracts entered into by them in the purchase of the property.

In the case of private rented accommodation, landlords are obliged to ensure that the dwelling complies with the Housing (Standards for Rented Houses) Regulations, 1993. Complaints in relation to non-compliance should be made to the relevant local authority, which is responsible for the enforcement of the Regulations. The Residential Tenancies Act 2004 also provides for tenants' complaints in relation to management company responsibilities to be dealt with.

Building Regulations set out requirements in relation to fire safety in the design and construction of buildings. Related technical guidance on fire safety in buildings deal with matters such as the provision of stairways, windows for escape and rescue purposes in buildings and requirements for emergency vehicle access to buildings. Responsibility for compliance with the Building Regulations is a matter for the owner or builder of a building. Enforcement of these regulations is vested in the local Building Control Authority, in this instance Dublin City Council. Similarly, matters relating to the provision of fire services and response to fires are for the fire authority concerned.

Papers have recently been published by the Office of the Director of Corporate Enforcement and the Law Reform Commission in relation to property management companies and multi-unit developments. Both papers are currently subject to a public consultation process and the need for measures to be taken in this area, including any legislative changes, will be considered by the relevant Departments and agencies in the light of this.