Dáil Éireann Debate, Tuesday - 9 July 2024
444. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage for an update on the work of the interdepartmental group to consider what further regulatory measures may be required for OMCs in the context of the interim remediation scheme for fire safety defects in eligible apartments and duplexes and the proposed statutory remediation scheme; and if he will make a statement on the matter. [29842/24]
View answer445. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage the measures he is taking to support facilitation of fair, efficient and effective management of owners' management companies, noting that the Multi-Unit Developments Act 2011 falls under the remit of the Department of Justice but much of its operation relates to his Department; and if he will make a statement on the matter. [29843/24]
View answerI propose to take Questions Nos. 444 and 445 together.
As stated, the Multi-Unit Developments (MUDs) Act 2011 is under the remit of 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 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; a policy paper is being prepared to guide review and approval of same by the Minister for Justice. 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.
These 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, and to service and repair building systems and plant and equipment, such as lifts, heating and ventilation, and water treatment, as well as for refurbishment and upgrade projects.
The design of the current Interim and future statutory remediation schemes for construction defects in apartments and duplexes is intended to take account of the evolving nature of the MUD sector and of the challenges being faced by OMCs. Delivery of both schemes is compatible with the MUDs Act 2011 and proposed regulations thereunder.
