Dáil Éireann Debate, Thursday - 22 January 2026
199. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage if he will consider financial support for unfinished housing estates, in terms of lighting and so on, where the bond is not paid, the developer is not still operating and homeowners are being left in limbo; and if he will make a statement on the matter. [4922/26]
View answerThe legislative process for the taking in charge of housing estates by local authorities is provided for under section 180 of the Planning and Development Act 2000, as amended (the Act).
Where developments have not been completed to the satisfaction of the planning authority, and where enforcement proceedings in this connection have not been commenced by the planning authority within 4 years of the expiry of the planning permission relating to a development, section 180 (2)(a) of the Act provides that the planning authority shall, where requested by the majority of owners of the houses involved, initiate the taking in charge procedures under section 11 of the Roads Act 1993, as amended (the Roads Act).
In order to conclude the taking in charge process where the development has been deemed to have been satisfactorily completed, a local authority is required to make a declaration under section 11 of the Roads Act following a proposal by the executive. The making of such a declaration, which effectively confirms that the authority is prepared to take over responsibility for the ongoing maintenance of the public works elements of the estate, is a reserved function of the elected members of a local authority.
The decision to take any particular estate or estates in charge is ultimately one for the elected members of the local authority who, by way of declaration made under the Roads Act, will make such a decision.
The 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.
There is no longer a dedicated funding scheme for unfinished housing estates and currently there are no plans to reintroduce a further funding scheme for such purposes.
