Report on Multi-Unit Developments - Law Reform Commission

―A development shall be deemed to be complete on certification by a
qualified member of an appropriate professional body that planning
permission has been complied with and the building complies with
Building Regulations.‖ 31
The IHBA Code also usefully lists the factors which must be met in order to
establish proper snagging and completion. 32 The resolution by the developer of
any snagging list is a condition of satisfactory completion.
2.31 Achieving clarity over the concept of completion is relevant not only
to how the Commission envisages the developer‘s relationship with the owners‘
management company 33 but also to the taking in charge of a development
under section 180 of the Planning and Development Act 2000. 34 The
Commission observed in the Consultation Paper that the developer:
―has a legal responsibility under planning law to complete the
development in accordance with the planning permission granted by
the planning authority, including any conditions attached to the
permission.‖ 35
2.32 As noted in Chapter 1, in the event of failure to complete a
development, there are a range of enforcement mechanisms available to
planning authorities to ensure that planning conditions are fulfilled. 36 Owners‘
management companies also have the option of making a complaint to the
31
Op cit, p.11. The value of this definition of ‗completion‘ has been bolstered by the
enactment of the Building Control Act 2007 (which came into force on 1 May
2008). The 2008 Act provides for a new regulatory regime for the profession of
architect.
32
Op cit, pp.11-12.
33
The Commission recommends in Chapter 4 that completion will be a condition of
the developer receiving 5% of the purchase price of the units, which will be held
in trust by the owners‘ management company until completion and snagging of a
development.
34
See Chapter 1 above. The Commission notes that taking in charge is not always
an important issue for apartment blocks, because the common external areas
often remain under the private ownership of the owners‘ management company.
35
LRC (CP 42-2006), paragraph 3.10.
36
See Chapter 1, Planning. The Commission notes that planning authorities have,
in general, 7 years from the date of expiration of the planning permission to take
enforcement action: see Simons, Planning and Development Law (Thomson
Round Hall, Dublin 2004), paragraphs 7.16- 7.31.
52