Colm Burke (Cork North-Central, Fine Gael)
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435. To ask the Minister for Housing, Planning, and Local Government if he will update legislation and or provide further guidelines or funding to assist local authorities in the taking in charge of housing estates and residential developments from private developers, in particular with reference to legacy estates built between 2005 and 2008 which have not been taken in charge and are in a poor state of repair; and if he will make a statement on the matter. [9093/25]

James Browne (Wexford, Fianna Fail)
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The process for taking in charge of housing estates is a reserved function of the elected members of local authorities in accordance with Section 180 of the Planning and Development Act 2000, as amended (the 2000 Act). Section 261 of the Planning and Development Act 2024 (the 2024 Act) which is not yet commenced, maintains taking in charge as a reserved function of the elected members under section 261(8) of the 2024 Act. The 2000 Act remains in force until the commencement of the provisions of the 2024 Act.

The legislative process for the taking in charge of housing estates by local authorities is set out in section 180 of the 2000 Act. The prescribed process in this regard applies to residential developments consisting of two or more dwellings that have been granted planning permission under section 34 of the 2000 Act.

There is no automatic requirement for local authorities to take over unfinished housing estates after a certain period of time. Under section 180 (1) of the 2000 Act, the planning authority is obliged to initiate the taking in charge process where requested by either the developer of, or by the majority of owners of the dwellings in, the estate in question. However, this is subject to the development being completed to the satisfaction of the authority and in accordance with the permission and any conditions attached thereto.

Ultimately, progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the residents in such developments and the relevant local authorities, following the procedures set out in section 180 of the Act.

It should be noted that financial decision making and the accountability of local authorities is a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority, which includes the adoption of the annual budget of the local authority. In this regard, section 103 of the Local Government Act 2001, as amended, provides for the local authority budgetary process. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and the funding resources available to the local authority. This includes the taking in charge of housing estates.