Terence Flanagan (Dublin North East, Fine Gael)
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Question 19: To ask the Minister for the Environment, Heritage and Local Government the changes he has planned to taking in charge legislation for estates following problems that exist with burst water pipes in estates not yet in control of local authorities; and if he will make a statement on the matter. [2532/10]

John Gormley (Dublin South East, Green Party)
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My Department's policy guidance in relation to Taking in Charge of Residential Estates states that planning authorities must adopt construction standards for residential developments that are acceptable to the planning authority for taking in charge and long-term maintenance and that it should be a condition of planning permission that such standards be adhered to.

The guidance also states that the construction standards adopted by planning authorities should at a minimum comply with those set out in my Department's Recommendations for Site Development Works for Housing Areas, which recommend standards for the diameter of pipes and the amount of cover, and make other relevant recommendations including a recommendation that watermain pipe size and layout should be designed in consultation with the local authority.

Technical Guidance Document G of the Building Regulations (Hygiene) provides that, in regard to bathrooms and kitchens in dwellings, the cisterns, service pipe and fittings and any associated cold water pipes should be adequately protected against damage by frost.

My Department's Taking in Charge Guidance also states that it is necessary for the planning authority to satisfy itself, when the developer of a residential estate has ceased construction or notified the planning authority that construction is complete, or after the planning permission has expired, that the development is properly completed in line with the planning permission and, where it is not properly completed, to take early and effective enforcement action.

Where an estate has yet to be taken in charge, the repair of a burst water main is a matter for the developer. The decision as whether any particular estates should be taken in charge is ultimately one for the elected members of the planning authority. There are no proposals to change the taking in charge policy or the underpinning legislation at this stage.