Written answers

Tuesday, 8 July 2008

Department of Justice, Equality and Law Reform

Proposed Legislation

11:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 88: To ask the Minister for Justice, Equality and Law Reform when he expects to publish the promised Property Services Regulatory Authority Bill; if the Bill will include provisions to regulate the operation of management companies; his views on the recent report of the Law Reform Commission on multi-unit developments; and if he will make a statement on the matter. [27041/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Every effort is being made to have the Property Services Regulatory Authority Bill published as soon as possible. Publication is subject to the resolution of certain legal issues that have arisen during completion of the drafting process.

As regards the regulation of management companies, I should point out that the recently-published Law Reform Commission Report on Multi-Unit Developments does not recommend any such regulatory role for the National Property Services Regulatory Authority.

The Commission's Report is a wide-ranging document which recommends reforms across a broad range of policy areas including planning and development law, tax law, company law, the law relating to registration of ownership of land, the jurisdiction of the courts and other related areas. As I have already indicated in response to Parliamentary Questions, a high level interdepartmental committee on multi-unit developments has been established to identify the legislative and administrative actions that should be taken in response to recommendations made by the Law Reform Commission on the matter. The Committee has already had its first meeting to consider the Commission's recommendations — 70 in total — that are contained in its Report.

My Department is already engaging with the Property Registration Authority to examine the recommendations made, for example, in relation to the registration of title for multi-unit developments. The Department of Enterprise, Trade and Employment is examining the recommendations for the strengthening of company law. In so far as issues relating to consumer information and general awareness in the area of multi-unit developments are concerned the Minister for the Environment, Heritage and Local Government has already welcomed the new publication launched by the National Consumer Agency to address the need for consumers to understand the issues around multi-unit developments. This followed on from the work at the stakeholder forum on which his Department and other key organisations were represented.

I should also mention that the National Consumer Agency has agreed a Code of Practice for developers of multi-unit developments with the Irish Home Builders Association. This Code outlines the responsibilities of developers regarding ownership, management and maintenance of common areas and the provision of common services within such developments. It also addresses areas such as the establishment and operation of the management company, the use of property management agents, the calculation of service charges and establishment of a sinking fund.

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