Jack Wall (Kildare South, Labour)
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Question 165: To ask the Minister for the Environment; Community and Local Government if his attention has been drawn to the fact that receivers who have being appointed to development companies who have housing estates on their property books that have not being taken in charge by a local authority are now stating that they have no responsibility for the every day running of such estates where they state there is no saleable assets in the specific estate; if his further attention has been drawn to the fact that this action is leaving hundreds of home owners without many of the services that are provided in such estates that is watersewerage, lighting and so on when problems occur with such services; the actions he will take to overcome such legal issues; and if he will make a statement on the matter. [17850/11]

Willie Penrose (Longford-Westmeath, Labour)
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The developer of any development, including a residential development, is statutorily required to complete the development in accordance with the terms of the planning permission and any conditions attached to the permission, such as a requirement for the establishment and operation of a management company. A development which has not been completed in accordance with the planning permission is unauthorised development and may be subject to planning enforcement. These provisions apply to all residential developments, whether or not they are to be managed by a management company.

Insofar as the taking in charge of residential developments is concerned, Section 180 of the Planning and Development Act 2000 provides that, where an estate is completed to the satisfaction of the planning authority in accordance with the planning permission (and any conditions attached to the permission), the planning authority must initiate taking in charge procedures as soon as possible following a request to do so by the developer or by the majority of the owners. Similarly, where an estate has not been completed to the standard outlined in the planning permission and the planning authority has not taken enforcement action within the appropriate period, section 180 also provides that the planning authority must initiate taking in charge procedures if requested to do so by the owners of the units concerned. The decision as whether an estate should be taken in charge is ultimately one for the elected members of the planning authority.

Section 180 was amended in the Planning and Development (Amendment) Act 2010 to provide that a planning authority may take in charge an unfinished estate at any time after the expiration of the planning permission, in situations where enforcement actions have failed or the planning authority has not taken enforcement action. Planning authorities were also specifically empowered in 2010 Act to take in charge part of an estate, or some but not all of the facilities in an estate.

Housing estates and apartment developments not taken in charge normally remain private developments until such time as the owners of such developments take the necessary steps to have the development taken over by the relevant local authority. In the case where a receiver has been appointed by a financial institution, it is a matter for that receiver and institution to consider what steps they may wish to take to have the development taken in charge, including the realisation of assets on other sites within the control of the overall group in receivership, to fund any necessary works.