Bernard Durkan (Kildare North, Fine Gael)
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Question 232: To ask the Minister for the Environment, Heritage and Local Government the full extent to which management companies are operating throughout County Kildare; if these companies have taken over responsibility from the developer in situations where the development has not been completed in accordance with planning conditions; if this is in accordance with the Planning and Development Act 2000; and if he will make a statement on the matter. [4435/08]

John Gormley (Dublin South East, Green Party)
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The introduction of legislation in relation to management companies is a matter for the Minister for Justice, Equality and Law Reform. My Department does not hold information on the extent to which management companies are operating throughout Co. Kildare. In Circular Letter PD 5/06, issued in July 2006, my Department told planning authorities that conditions requiring management companies should not be attached to planning permissions for traditional housing estates — that is, estates of houses with individual private gardens — except in very specific circumstances, e.g. if a particular service or facility is provided for residents' use only, such as a playground.

Section 180 of the Planning and Development Act 2000, provides, in relation to any residential estate containing roads, water mains, sewers, drains, etc, that if the estate is not completed by the developer in accordance with the planning permission, and the planning authority have not taken enforcement action against the developer in this regard within the appropriate period, the planning authority must initiate taking in charge proceedings in response to a request from a majority of the residents.