Written answers
Wednesday, 20 March 2024
Department of Justice and Equality
Departmental Strategies
Francis Noel Duffy (Dublin South West, Green Party)
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824. To ask the Tánaiste and Minister for Justice and Equality when she plans to publish the regulations under section 18(7) and 19(9) of the Multi-Unit Developments Act 2011, which were proposed for publication in Q4 of 2022 in Housing for All (actions 25.10 and 25.11). [12064/24]
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.
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. Housing for All also provides for Regulations to be made under the MUDs Act relating to the:
- management of annual service charges by OMCs; and
- expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure).
These include the remediation scheme, which Minister O’Brien announced last 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. The Department of Housing, Local Government and Heritage 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, an Interim Remediation Scheme for the funding of emergency fire safety defect works in apartments and duplexes was launched last December and is now open to applications from OMCs. Further information on the Interim Remediation Scheme is available on the Housing Agency’s website: www.housingagency.ie/interim-remediation-scheme-fire-safety-defects-eligible-apartments-and-duplexes-2023
Minister O’Brien also expects to publish this year, the draft legislation required to underpin the scheme, and to put in place the statutory scheme shortly thereafter.
It is important that the review of the Multi-Unit Developments Act 2011, and the drafting of any Regulations under the Act, would be informed by these key ongoing and priority developments, and as such it is not possible at this point to say when the review of the Act will be completed.
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