Written answers

Thursday, 5 March 2009

Department of Justice, Equality and Law Reform

Proposed Legislation

5:00 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 108: To ask the Minister for Justice, Equality and Law Reform when the Bill on multi-unit developments will come before the Houses of the Oireachtas; and if he will make a statement on the matter. [9326/09]

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 109: To ask the Minister for Justice, Equality and Law Reform if he will respond to a query (details supplied); and if he will make a statement on the matter. [9327/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 108 and 109 together.

The legislation to address the Law Reform Commission's recommendations on multi-unit developments is in the course of being drafted by Parliamentary Counsel as a matter of priority. The principal focus of the new Bill will be on ensuring good governance of property management companies and similar bodies which comprise the owners of individual units within multi-unit developments and which exercise management functions in relation to such developments. It is also intended to include provisions for the resolution of disputes arising in relation to such matters. The policy aspects extend to my Department, the Department of Enterprise, Trade and Employment and the Department of the Environment, Heritage and Local Government. The aim is to publish the Bill in the next Session.

Policy in the law generally on fire safety is the responsibility of the Department of the Environment, Heritage and Local Government. However, the information from that Department is that Part B of the Building Regulations 1997 — 2008 already sets out the fire safety requirements to be observed in the design and construction of multi-unit developments. Where a local authority is satisfied that the building design is in accordance with the requirements of the Building Control Regulations, it will issue a Fire Safety Certificate in respect of the design. Moreover, the Fire Services Acts 1981 and 2003 empower fire authorities to inspect multi-unit developments and to pursue enforcement of fire safety matters, including the management of fire safety. The Act of 1981 places a duty on persons having control over premises, such as multi-unit developments, to take all reasonable measures to guard against the outbreak of fire and to ensure the safety of persons on the premises in the event of an outbreak of fire.

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