Helen McEntee (Meath East, Fine Gael)
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The Multi-Unit Developments (MUDs) Act 2011 was enacted with the primary purposes of reforming the law relating to 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.

As regards the establishment of a Regulator for OMCs, there are no plans at present to introduce a specific oversight and enforcement mechanism for OMCs. However, it should be noted that OMCs are subject to company law provisions, including their own memorandum of association, and are subject to oversight by the Companies Registration Office and the Corporate Enforcement Authority. Furthermore, the Competition and Consumer Protection Commission also plays a role in providing information and advice to intending purchasers of residential units in multi-unit developments.

In addition, the MUDs Act acknowledges the risk of disputes arising in the enforcement of rights and the performance of obligations imposed by its provisions and makes provision for the resolution of such disputes. For example, section 24 provides that a person, including any member of an OMC, may apply to the Circuit Court for an Order to enforce any rights conferred or obligations imposed by the Act. Section 24(2) allows the Court to take into account whether the parties have tried to resolve their differences by mediation or other alternative dispute resolution. While section 27 provides for court-directed mediation if the court considers that a ‘mediation conference’ between the parties would assist in reaching a settlement of the matter.

Regarding the remediation scheme, in January 2023, Minister Darragh O’Brien, received Government approval to draft legislation to establish supports for the remediation of fire safety, structural safety and water ingress defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013. This legislation will provide a statutory basis for the establishment of a remediation scheme aimed at protecting the safety and welfare of those living in apartments or duplexes with such defects. It is expected the draft legislation will be published in 2024 and that, subject to the legislative process, the statutory scheme will be in place shortly thereafter.

In December 2023, Minister O'Brien also announced the opening of the Interim Remediation Scheme for the funding of emergency fire safety defect works in apartments and duplexes, constructed between 1991 and 2013. The Scheme operates as follows: OMCs who submit a valid application will receive funding to carry out the necessary remedial works. Only applications from authorised representatives of OMCs will be considered. Funding will not be directly allocated to any individual homeowner through this Interim Remediation Scheme. The Interim Remediation Scheme is being administered by the Housing Agency on a nationwide basis. Further information is available on the Housing Agency’s website: www.housingagency.ie/interim-remediation-scheme-fire-safety-defects-eligible-apartments-and-duplexes-2023