Ciarán Lynch (Cork South Central, Labour)
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Question 491: To ask the Minister for the Environment, Heritage and Local Government if legislation governing management companies will facilitate the transfer in newly completed housing estates of responsibility for essential public services such as water, sewage, roads, lighting and common open spaces to the control of the local authority and restrict the use of management companies in traditional housing estates; and if he will make a statement on the matter. [28131/07]

John Gormley (Dublin South East, Green Party)
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As stated in the reply to Question No. 263 of 24 October 2007, the introduction of legislation relating to the governing of management companies is a matter for my colleague the Minister for Justice, Equality and Law Reform. The Planning and Development Act 2000 sets the statutory framework within which planning authorities must take estates in charge. In addition to the legal framework, my Department has also issued comprehensive policy guidance on the taking in charge of estates.

In circular letter PD1/06, Planning Authorities were reminded of their responsibilities in this area and were asked, as a priority, to establish a policy on taking in charge to be approved by the members of the authority and to be reported on to the members on a regular basis or at least once annually. In July 2006, my Department's circular letter PD5/06 to Planning Authorities stated that conditions requiring management companies should not be attached to planning permissions for traditional housing estates — estates of houses with individual private gardens — except in very specific circumstances. Such circumstances would include, for example, the maintenance of a particular service or shared facility that is provided for residents' use only, such as a playground.

The circular acknowledged, however, that the question of who should be responsible for the maintenance of certain shared facilities in newer types of mixed estates needed further examination. Accordingly, my Department established a Working Group, including representatives of local authorities, architects, planners and consumer interests, to consider this and other issues related to the taking in charge of estates. The Group considered the issue of responsibility for the maintenance of common shared facilities in residential estates including small open spaces, car parking and playgrounds, and also looked at issues relating to the completion of estates and the taking in charge process. The Group has completed its work and has produced suggested draft policy guidance for my consideration. I have asked my Department to re-examine a number of issues, particularly in the context of the new programme for Government, and I expect this process to be completed shortly.