Catherine Murphy (Kildare North, Independent)
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Question 217: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on a two pronged approach to legislating for management companies in order that issues beyond dispute such as unfair share allocations, unreasonable charges, limiting such companies to multi-unit developments and accountability to apartment owners are dealt with immediately and that other topics included in the Law Reform Commission Consultation Report, the National Consumer Agency Report and the Director of Corporate Enforcement Report not covered in the above form part of future legislation; and if he will make a statement on the matter. [4301/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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Issues relating to multi-unit developments and the operation of property management companies were discussed at a Conference organised by my Department and the Law Reform Commission on 25 January. The Conference provided an opportunity for relevant statutory bodies and other stakeholders, including members of the public, to discuss the policy issues identified in the Law Reform Commission's Report on Multi-Unit Developments and to consider possible solutions to the difficulties that have been identified in that Report.

Addressing the difficulties in this area will require action across a number of policy areas, including the planning and development code, company law, consumer protection law and the development of regulatory structures. In recognition of the wide range of policy areas involved, and the cross-cutting nature of many of the issues, the Government has approved the establishment of a high-level, interdepartmental committee, comprising representatives of relevant Departments and Offices, to assist in the development of a coherent legislative response to these issues. A key task of this committee will be to identify the key legislative and administrative actions to be taken and to determine a timescale for implementation as soon as possible.

In the meantime, several initiatives are under way. For example, the Minister for the Environment, Heritage and Local Government has advised city and county managers that planning authorities should under no circumstances require the establishment of a management company in 'traditional' housing estates. More recently, he has published draft guidelines for planning authorities on sustainable urban housing, including new design standards for apartments. The primary purpose of these new guidelines is to ensure that the design and layout of new apartments will provide suitable and comfortable accommodation for a broad range of household types and sizes, including families with children, over the medium to long term.

The National Consumer Agency has produced a very valuable booklet entitled 'Putting Consumers First' which contains information and guidance for those who have bought an apartment or house in a multi-unit complex, or are considering doing so, and the Agency is currently engaged in a major publicity campaign. In addition, the Director of Corporate Enforcement has launched a draft consultation paper on the governance of property management companies which provides essential information for the members and directors of management companies and is seeking submissions from interested parties.

Pending the development of required legislative reforms, improved awareness of their rights, and a better understanding of the corresponding duties and responsibilities of developers and builders, will, I believe, enable the owners of apartments and houses in multi-unit complexes to assert their rights as company members, become involved in the management of their company and combat abuses.