Bernard Durkan (Kildare North, Fine Gael)
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Question 941: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the unprecedented growth in estate management companies and the tenuous legal basis on which some such companies are imposing financial burdens on residents; and if he will make a statement on the matter. [23786/08]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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My Department has no function in relation to the running of property management companies. These companies, comprising 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.

Determination of management charges is primarily a matter for individual management companies. My Department does not have a role in this or other aspects of company governance.

The Department of Justice, Equality and Law Reform has the lead role in progressing legislation relating to management companies. It is my understanding that the Law Reform Commission will be reporting in that regard very shortly.

Section 180 of the Planning and Development Act 2000 sets out the legal requirements for planning authorities in relation to the taking in charge of residential estates where certain conditions have been met. Updated policy guidance on this matter in the form of circular letter PD 1/08 was issued to all planning authorities by my Department in February 2008.