COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 13, 2011

MOTION NO. 3

MOTION: Councillor C. Bond

This Council calls on the Planning Department to report to the members on the coming into force of the Multi Unit Development Act 2011 and the requirement on developers to vest common areas in Owner’s Management Companies and that this will require clarity on the part of local authority as what common areas are to be taken in charge by the Council

REPORT:

The Multi Unit Development Act 2011  provides for the establishment of Management Companies and the transfer of common areas to those Companies in both new and existing multi unit developments. It should be noted that the Act specifically provides, (Section 7), that responsibility for completion and compliance remains with the developer.

The Taking in Charge (TIC) process is a seperate and established procedure and requires that the developer offers the development for TIC. This is normally established at planning stage. However it is a standard condition of planning that all developments be completed in accordance with the plans and specifications provided. Where developments are completed and offered for TIC the planning authority satisfies itself that completion and compliance are in order prior to formally taking the development in charge