Ivana Bacik (Dublin Bay South, Labour)
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270. To ask the Minister for Housing, Planning, and Local Government if he has made representations to the Minister for Justice in respect of moving responsibility for the regulation of multi-unit developments and related legislation from the Department of Justice to his Department. [49842/23]

Ivana Bacik (Dublin Bay South, Labour)
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272. To ask the Minister for Housing, Planning, and Local Government if he will provide an update on his Department’s work in relation to a review of the Multi-Unit Developments Act 2011; and if he will report on his representations to the Minister for Justice in respect of same. [49845/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 270 and 272 together.

The Multi-Unit Developments Act 2011 (‘the MUDs Act’) was enacted with the primary purposes of reforming the law on the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.

The Programme for Government contains a commitment to conduct a review of the MUDs Act to ensure that it is fit for purpose, and that it acts in the best interests of residents.

The Minister for Justice has responsibility for the MUDs Act since its preparation and enactment. Therefore the review of the legislation is the responsibility in the first instance for her Department. My Department is contributing to this review given our role with regard to housing policy. Both Departments are currently engaging constructively in relation to the review.

I have brought forward important initiatives in relation to multi-unit developments in recent months. These include the remediation scheme which I announced earlier this year, and which will provide support for the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. My Department also published, in July 2023, a Code of Practice for remediation of such defects, to ensure a consistent approach nationwide to remediation, which will allow stakeholders such as OMCs and industry to align their work with its provisions.

Furthermore, my Department is also currently working with the Housing Agency on advice and guidance on the steps OMCs should take when carrying out such safety works. This includes funding mechanisms for interim fire safety measures in extreme cases, and I hope to be in a position to publish more details on these shortly. Work is also advancing in my Department with regard to drafting the necessary legislation to underpin the scheme.

My Department has had discussions with the Department of Justice regarding where responsibility for the regulation of the sector should reside. This is a matter which I expect will be addressed further in the Department of Justice review.

Ivana Bacik (Dublin Bay South, Labour)
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271. To ask the Minister for Housing, Planning, and Local Government if he is satisfied by the rate of implementation of the Housing for All plan in respect of putting in place regulations under sections 18 and 19 of the Multi-Units Development Act 2011; and the reason for the delay in putting such regulations in place. [49843/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Multi-Unit Developments Act 2011 (‘the MUDs Act’) was enacted with the primary purposes of reforming the law on the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.

The Government’s housing plan, Housing for All - a New Housing Plan for Ireland, provides for Regulations to be made under the MUDs Act relating to the:

• management of annual service charges by OMCs (section 18 of the MUDs Act); and
• expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure- section 19).