Written answers

Thursday, 26 June 2025

Department of Justice and Equality

Departmental Regulations

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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286. To ask the Tánaiste and Minister for Justice and Equality when the regulations which were drafted in February 2022 for dealing with apartment service charges and sinking funds will be put in place; and if he will make a statement on the matter. [35098/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I understand that the Deputy is referring to commitments in Housing for All related to regulations to be made by my Department, in collaboration with the Department of Housing, Local Government and Heritage, under subsection 17 of section 18 of the Multi-Unit Developments Act 2011. The aim of these regulations is to ensure that owner management companies (OMCs) are financially sustainable and, under sub-section 9 of section 19 of the Act, to ensure that OMCs provide for expenditure of a non-recurring nature (i.e. sinking fund expenditure).

The Multi-Unit Developments Act 2011 was enacted with the primary objective of reforming the law relating to the ownership and management of common areas of multi-unit developments (MUDs), and facilitating the fair, efficient and effective management of OMCs. The Act includes provisions relating to inter alia:

  • The setting of the annual service charge payable by apartment owners in a multi-unit development;
  • 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.

The work of my Department in relation to MUDs is necessarily guided by that of the Department for Housing, Local Government and Heritage, in view of that Department’s key policy role in this area. Any regulations that would be made 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 my officials to further progress the drafting of the regulations mentioned.

Under the Programme for Government, Securing Ireland’s Future, responsibility for the regulation of OMCs and the Multi-Unit Developments Act will be transferred from my Department, to the Department of Housing, Local Government and Heritage. While work in that regard is progressing, a legislative amendment will be necessary to avoid a potential conflict of Ministerial responsibility following the transfer.

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