Tom Hayes (Tipperary South, Fine Gael)
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Question 100: To ask the Minister for the Environment, Heritage and Local Government the contact he has had with the Department of Justice, Equality and Law Reform regarding putting the National Property Services Regulatory Authority on a statutory footing; if he has plans to amend the Planning Acts to give greater clarity to the role and responsibilities of property management companies; and if he will make a statement on the matter. [20858/08]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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The Department of Justice, Equality and Law Reform is currently preparing legislation to establish the National Property Services Regulatory Authority (NPSRA) on a statutory footing. This legislation will provide for licensing and standards-setting for property management agents and other property services providers. Details of the proposed legislation are available on that Department's website, www.justice.ie.

The legislation will give effect to key recommendations of the Auctioneering-Estate Agency Review Group on which my Department was represented. My Department was also consulted in 2006 by the Department of Justice, Equality and Law Reform as part of that Department's preparation of proposals for the Government regarding the establishment of the NPSRA. More recently the two Departments have been in contact as the Department of Justice, Equality and Law Reform drafts the legislation.

My Department has no function in relation to the operation of property management companies. These companies, consisting of the owners of dwellings, are generally constituted under the Companies Acts and are required to operate in compliance with company law, which comes within the area of responsibility of the Minister for Enterprise, Trade and Employment.

The Department of Justice, Equality and Law Reform has the lead role in progressing issues relating to management companies. It chairs a high-level interdepartmental committee, also involving the Department of Enterprise, Trade and Employment, the Department of Finance and my Department, to consider the matters involved, including any recommendations for legislative changes that may be contained in the Law Reform Commission's forthcoming Report on Multi-Unit Developments. 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.

Subject to the finalisation of the above processes, I have no proposals to amend the Planning and Development Act 2000 in relation to management companies. However, my Department has issued updated policy guidance to planning authorities on the taking in charge of estates. One of the main principles now set out in the overall framework for taking in charge is that, in general, planning authorities must not require the establishment of management companies as a condition of planning in respect of traditional housing estates, save in very exceptional circumstances.