Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Multi-Unit Developments (MUDs) Act 2011 is a matter for the Department of Justice. The MUDs Act 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 national housing strategy, Housing for All, provides for regulations to be made under the MUDs Act relating to:

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

My Department continues to engage constructively with the Department of Justice in relation to the production of these regulations, which are currently in draft form.

Engagement between our Departments is ongoing to ensure full and shared appreciation of the key problems and issues requiring to be addressed in this sector, and the relevant overall policy responses by Government. The interdepartmental group is chaired by the Department of Justice and the scheduling of meetings and any proposed work plan is a matter for that Department in the first instance.

In the context of the interim remediation scheme for fire safety defects and the proposed statutory remediation scheme, the new regulations will seek to address such issues as the inadequacy of annual service charges and failure to provide for building maintenance/sinking funds. They will equip OMCs with specific identifiable measures to facilitate the timely and full payment of service charges. This should ensure that funding is available to maintain, enhance and replace fire protection facilities, as well as for refurbishment and upgrade projects.

The design of the interim remediation scheme for fire safety defects and the proposed statutory remediation scheme is intended to take account of the evolving nature of the OMC sector and the delivery of both schemes is compatible with the MUDs Act 2011 and proposed regulations thereunder.