Report on Multi-Unit Developments - Law Reform Commission

1.22 In the Consultation Paper, the Commission welcomed the
departmental guidelines on s.180 of the Planning and Development Act 2000 35
and made a number of points concerning outstanding problems in taking in
charge of estates. 36 The Commission observed that, despite the publication of
the guidelines, confusion remained as to the exact scope of s.180; especially its
applicability to apartment blocks and other residential developments. 37 The
Commission is pleased to note that, since the Consultation Paper was
published, the Department of Environment, Heritage and Local Government has
published a comprehensive guide for local authorities on the taking in charge of
multi-unit developments. 38 This is likely to lead to a clearer understanding of the
scope of application of s.180 of the 2000 Act.
1.23 A number of questions have arisen about the practical operation of
s.180 of the 2000 Act. The Commission is aware that these include: the wording
of s.180 as it relates to those who are entitled to make a request to the local
authority for taking in charge; that some developers do not apply for estates to
be taken in charge; and resourcing issues. These clearly create difficulties for
both local authorities and owners and occupiers of estates. The Commission
now turns to review these problems in the light of intervening progress since the
Consultation Paper was published.
1.24 In connection with perceived ambiguities in the wording of s.180 of
the Planning and Development Act 2000, the Commission noted in the
Consultation Paper that the wording of the section, when read with the definition
of ―houses‖ in section 2(1) of the 2000 Act, makes it clear that the section
applies equally to multi-unit structures such as apartment blocks and housing
estates. 39 While this seems reasonably clear, it appears that in practice in the
case of mixed developments comprising both apartment blocks and houses, it is
common for some local authorities to take in charge only the common exterior
areas surrounding the houses but not the apartment blocks. This seems
reasonable to an extent. For example, many of the exterior common areas in
35
Department of Environment, Heritage and Local Government; Circular PD 1/06;
Taking in Charge of Housing Estates/Management Companies, 25 January 2006.
36
Op cit, paragraphs 2.10-2.23.
37
For example, as discussed at paragraph 2.11, the use of the word ‗houses‘ in the
Planning and Development Act 2000 appeared to preclude the provision‘s use in
the context of apartments, which clearly was not the intendment of the Act.
38
Department of Environment, Heritage and Local Government Circular Letter PD
1/08: Taking in Charge of Residential Developments/Management Arrangements,
February 2008.
39
Op cit, para 2.11.
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