Written answers

Tuesday, 19 February 2008

Department of Justice, Equality and Law Reform

Regulatory Authorities

9:00 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 661: To ask the Minister for Justice, Equality and Law Reform if the National Property Services Regulatory Authority will be responsible for regulating management companies and management agents; and if he will make a statement on the matter. [6648/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Property management agents provide property-related services under contract for property management companies. Because they provide property services, such agents will, together with auctioneers and estate agents, be covered by the licensing system to be operated by the Property Services Regulatory Authority. The Property Services Regulatory Authority Bill, under which the new Authority will be formally established, is currently being drafted and I intend to publish it as soon as possible this year.

As regards property management companies, the position is that the Law Reform Commission published a Consultation Paper on Multi-Unit Developments in December 2006. It identified a broad range of regulatory and other issues arising in relation to such developments, including problems arising from the manner in which company law currently applies to property management companies.

The Law Reform Commission has indicated that it will publish, as soon as possible, its Report on Multi-Unit Developments which, following an extensive consultation process, will contain reform proposals concerning the regulation and governance of property management companies. The Government has already directed that early action be taken by the relevant Departments to address the Commission's recommendations; the types of action will, of course, be dependent on the form that the recommendations take.

A high-level interdepartmental committee, under the chairmanship of my Department, comprising representatives of relevant Departments and Offices has been established to assist in the development of a coherent and comprehensive response to the problems arising in relation to multi-unit developments. A key task of this committee will be to identify the legislative and administrative actions to be taken in response to the Commission's reform recommendations and to determine a timescale for their implementation. Following publication of the Commission's Report, this committee will report to a Cabinet Committee whose membership will include the Ministers for Justice, Equality and Law Reform; Environment, Heritage and Local Government; Enterprise, Trade and Employment and the Attorney General.

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