COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN, NEWCASTLE, RATHCOOLE, SAGGART AND BRITTAS AREA COMMITTEE

Wednesday, June 18, 2025

QUESTION NO. 5

QUESTION: Councillor S. O'Hara

To ask the Chief Executive to explain the 'Taking In Charge process' and what happens if a builder doesn't comply.

REPLY:

Taking in charge application process:

When a residential development is completed in accordance with all the conditions and particulars of the planning permission, the developer may make a written request to the Planning Department to have the estate taken in charge (roads and services). The application may be made using the Councils Taking in charge application form. 

The developer will also be required to submit a letter of compliance from a Consulting Engineer stating that all Civil Engineering works have been carried out in accordance with the granted planning drawings and specification. If no drawings and specification exist, i.e. they were never submitted as part of the planning process, then the Consulting Engineer will be required to certify and state the standard to which all works have been constructed. A copy of the Consulting Engineers professional insurance indemnity certificate is also required.

Where required the developer will provide the required personnel to assist the local authority staff in checking the information supplied such as the  ‘’ as constructed drawings’’ or inspecting the site as required. Where it is apparent that a developer, despite guidance provided, has offered services that are not to standard, the costs of inspection etc by Council staff to clarify works required to meet the taking in charge standard, may be charged to the developers security bond.

The required Taking in Charge Standards required for all public infrastructure are available at the following link address:   https://www.sdcc.ie/en/services/planning-building-control/bonds-taking-in-charge/completion/taking-in-charge-policy-standards/

When all the quality and specification requirements be met, a recommendation is made by the Building Control Section to have the roads and services taken in charge. The statutory procedure for taking in charge is then put in place by the Roads Department, in accordance with Section 11 of the Roads Act 1993.  This will involve a statutory public consultation, a report on submissions and a final full Council decision on whether to take the roads and services in the housing estate into the Council's charge.

The developer has the option to not offer the roads and services in an estate for taking in charge.  These are often called gated estates and may remain private and managed privately by the developer or by an owner management company.

There is also an option for the residents to request a plebiscite vote under section 180 of Planning and Development Act 2000.
This requires councils to take in charge the roads and services of an estate once requested by a majority of homeowners if the estate was built under a planning permission that included public infrastructure.