COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 11, 2018

MOTION NO.1

MOTION: Councillor P. Gogarty

That this Council writes to the Minister for Housing, Planning and Local Government seeking stiffer penalties for developers not completing estates properly within agreed timeframes, as well as a more streamlined redress system for subcontractors who fail to get paid on time or at all, given that many of these small operators are dependent on such agreed payments and may not always be in a position to seek redress through the courts; and if the Chief Executive can make a statement on what powers the Council currently has in relation to dealing with such rogue developers.

REPORT:

Should the motion be passed, a letter will issue. 

At present there are no penalties under Building Control or Roads legislation that apply to the completion of developments within a given time frame. Local Authorities have no powers in respect of payments to sub-contractors working in their functional area.

However, where all the houses in an estate are occupied and a developer has left site without completing it, all LA’s have the option of (1) serving enforcement action under various conditions of the Planning Permission and (2) making a claim against the Bond.

In order to carry out completion works Local Authorities must gain legal access to site and the only way to do this is to get an Enforcement Order from the courts. In cases where a developer has gone into Receivership / Liquidation, the action would be served on the bank appointed body.