Under the SDCC Taking in Charge procedure, a developer must make a formal application for taking in charge once the development has been completed to an acceptable standard. The Council then carries out inspections, identifies any remedial works required, and only proceeds to taking in charge once these works are satisfactorily completed and all required documentation—such as as-built drawings, bonds, certifications and service agreements—has been provided.

It should be noted that not all areas within a housing development are necessarily intended to be offered to be taken in charge by the Council. Certain external areas may remain in private ownership and management, such as private roads, private car parks, communal landscaped areas, play spaces, bin stores, pumping stations, or other shared facilities, depending on the design of the development and the terms of the planning permission.  These arrangements need to formally set out and agreed during the planning process. 

Where such private or shared areas exist, the establishment of an Owners’ Management Company (OMC) is required under the Multi-Unit Developments Act 2011 (MUDs Act). The developer is responsible for setting up the OMC prior to the sale of units and for transferring the ownership and management of these common areas to the OMC in accordance with statutory requirements. The OMC then assumes responsibility for the ongoing management, maintenance, insurance and funding of these areas for the benefit of the residents.

In summary, developers retain full responsibility for developments following construction until either the relevant public infrastructure is taken in charge by the Council in accordance with the South Dublin County Council TIC procedure, or private and communal areas are properly transferred to and managed by an OMC as required under the MUDs Act.