Dáil Éireann Debate, Tuesday - 30 June 2026
617. Deputy Seán Kyne asked the Minister for Justice, Home Affairs and Migration if he would consider an amendment to apply the safeguards for use of common areas under the Multi-Use Development Act 2011 to commercial-only units (where there are no residential units); and if he will make a statement on the matter. [49620/26]
Amharc ar fhreagraThe 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).
In a purely commercial enterprise park in Ireland, the Multi-Unit Developments (MUD) Act 2011 does not apply. Rights, obligations, and ownership are entirely dictated by contract law through an individual lease agreement or freehold title deed. Service charge arrangements are usually set out in detail in the lease or related management documentation.
Under the Programme for Government, Securing Ireland’s Future, responsibility for the regulation of OMCs and the Multi-Unit Development Act is to be transferred from the Department of Justice, Home Affairs and Migration to the Department of Housing, Local Government and Heritage. This will streamline support for OMCs and improve oversight. The transfer of functions is expected to happen shortly following enactment of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026.
The new housing action plan, ‘Delivering Homes, Building Communities: An Action Plan on Housing Supply and Targeting Homelessness’ which was published in November 2025, commits the Department of Housing, Local Government and Heritage to undertake a review of the Act once the responsibility has transferred.
