Written answers

Tuesday, 20 March 2007

Department of Justice, Equality and Law Reform

Property Law

11:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 189: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the way the legislation banning the creation of new ground leases passed some years ago interacts with the leasehold arrangements used for the sale of apartments; if he is satisfied that the present legal framework adequately protects the interests of the purchasers; and if he will make a statement on the matter. [9736/07]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The position is that section 2 of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978, which prevents the creation of new leases reserving ground rents on dwellings, does not apply to separate and self-contained dwelling units in developments containing two or more such units. As regards the legal framework applicable to such developments, the position is that the Law Reform Commission published a Consultation Paper on Multi-Unit Developments in December last. A consultation process is currently under way in relation to the draft recommendations set out in the Paper and the Commission intends to publish a Report containing its definitive recommendations later this year.

In recognition of the cross-cutting nature of many of the issues and the broad range of policy areas involved, including the planning and development code, company law, consumer protection law and the development of regulatory structures, the Government has established a high-level, interdepartmental committee to assist in the development of a coherent and comprehensive legislative response to difficulties arising in relation to multi-unit developments and property management companies.

A key task of the 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 particular, the committee will have regard to recommendations for legislative reforms contained in the Law Reform Commission's Report on Multi-Unit Developments which will be published later this year.

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