Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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641. To ask the Tánaiste and Minister for Justice and Equality to provide an update on the updated regulations arising for sections 18 and 19 of the Multi-Unit Developments Act 2011; to provide a copy of the draft regulations; and to provide a timeline for when they will be introduced. [25933/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Multi-Unit Developments Act 2011 (MUDs Act) was enacted with the primary objective 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). The MUDs Act includes provisions relating to:• the setting of the annual service charge payable by apartment owners in a MUD;

• the establishment of a sinking fund, to fund any non-recurring expenditure; and

• the development of house rules for the operation and maintenance of their multi-unit development.

Under Section 18 of the Act, the OMC must establish and maintain a scheme for annual service charges to fund ‘ongoing expenditure reasonably incurred’ on the maintenance, insurance and repair of common areas within its control and for the provision of common services (security, legal, accounting etc.) to unit owners.

Under proposals for Housing for All, the Government’s housing plan to 2030, regulations will also be made under subsection 9 of section 19 of the MUDs Act to ensure that OMCs provide for expenditure of a non-recurring nature (i.e. sinking fund expenditure).

The work of my Department in relation to multi-unit developments is guided by that of the Department for Housing, Local Government and Heritage, in view of its key policy role in this area. It is important to note that any new regulations that would be made by my Department under the Multi-Unit Developments Act 2011 would need to be informed by appropriate policy directions from the Department of Housing, Local Government and Heritage, and agreed with that Department, to enable officials to further progress the drafting of the regulations mentioned.The Deputy will be aware that under the Programme for Government, Securing Ireland’s Future, responsibility for the regulation of OMCs and the Multi-Unit Developments Act (MUDs) is to be transferred from my Department, to the Department of Housing, Local Government and Heritage. I am advised that the transfer of functions will be completed shortly.