Written answers

Tuesday, 26 June 2007

Department of Environment, Heritage and Local Government

Planning Issues

10:00 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 750: To ask the Minister for the Environment, Heritage and Local Government if he will ensure that a floor area certificate is made available as a matter of urgency, in respect of a property (details supplied) in County Cork as it is needed to complete the sale of the property; and if he will make a statement on the matter. [17110/07]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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On completion of works outstanding, a further inspection will be carried out with a view to issuing a Floor Area Compliance Certificate if in order.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 751: To ask the Minister for the Environment, Heritage and Local Government if he or his Department have been in contact with Kildare County Council regarding issues relating to management companies for houses in the county; if discussions have or will take place to accelerate taking estates in charge that are subject to management companies, such as estates (details supplied); and if he will make a statement on the matter. [17111/07]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 763: To ask the Minister for the Environment, Heritage and Local Government his plans to strengthen legislation to simplify the taking-in-charge process and extend much greater rights and protection to home owners. [17487/07]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 751 and 763 together.

In late 2005 my Department contacted all planning authorities, including Kildare County Council, enquiring as to their policy regarding attaching planning conditions in relation to management companies to planning permissions for (a) estates comprising apartments only, (b) estates comprising a mix of apartments and houses and (c) estates comprising houses only. Following on from the results of this survey my Department issued policy guidance in July 2006 in the form of circular letter PD 5/06. In that circular letter it was made clear to planning authorities that they should not require the establishment of a management company for a traditional housing estate other than in very specific instances, e.g. to maintain a facility which is for residents' sole use.

The policy guidance did acknowledge, however, that the question of who should be responsible for the maintenance of certain shared facilities in the newer type of mixed estate needed further examination. Accordingly my Department established a Working Group, representative of local authorities, architects, planners and consumer interests to consider this issue and other related issues around taking in charge of estates. The Group has now completed its work and has produced suggested draft policy guidance for consideration.

I will carefully consider the draft policy guidance in the context of the new Programme for Government commitments in this area, in order to determine the most effective course of action.

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