Ulick Burke (Galway East, Fine Gael)
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Question 415: To ask the Minister for the Environment, Heritage and Local Government if he will revise the conditions applying to estate management companies as these conditions are proving a serious hindrance to the sale of property in many housing estates throughout the country; and if he will make a statement on the matter. [5638/08]

John Gormley (Dublin South East, Green Party)
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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, requires planning authorities to commence taking in charge procedures in relation to residential developments, finished or unfinished, where certain conditions have been met.

My Department will shortly issue updated policy guidance to planning authorities on the taking in charge of residential estates, including the limited circumstances where it may be appropriate to condition a management company. In relation to the regulation of management companies, issues relating to multi-unit developments — including the structure and governance of property management companies — were identified in the Law Reform Commission's Consultation Paper on Multi-Unit Developments, which was published in December 2006. Following this, the Government approved the establishment of a high-level, interdepartmental committee chaired by the Department of Justice, Equality and law Reform to assist in the development of a coherent and comprehensive legislative response to the difficulties arising in relation to property management companies.

The Law Reform Commission will publish its final report as soon as possible, and the reform proposals contained in the report will be examined by the interdepartmental committee. Any necessary legislation relating to the regulation of management companies will be progressed by the Department of Justice, Equality and Law Reform, with the Department of Enterprise, Trade and Employment being involved in relation to any company law aspects.