Buying And Living in a Multi-Unit Development Property in Ireland
7. Developers
7.1 Introduction
In this Guide the term developer is used to refer to persons or companies who build, own and sell multiunit developments.
Under contract law the developer must complete your unit in accordance with the terms and conditions as set out in your contract to purchase.
The contract should outline the role and responsibilities of the developer with regard to your unit and also the development as a whole.
In addition, the developer must also complete the development in accordance with the terms and conditions of planning permission and the building regulations.
7.2 Planning Permission
Local planning authority 'planning permission' to build, alter or develop must be obtained prior to construction commencing.
The developer must comply with the planning permission. The certification of such compliance is included in all requisitions on title furnished at closing of sale.
The planning authority can secure compliance with planning permission granted. The planning authority also holds some of the developer's money in the form of securities, bonds and/ or cash deposits to ensure full compliance with terms of planning permission granted.
The planning permission will also set out what if any parts of the development are intended to be taken in charge by the local authority. (See section 7.4)
7.3 Building Regulations
Building Regulations are legal requirements set by the Department of the Environment, Heritage and Local Government which provide for the health, safety and welfare of people in and around buildings.
The regulations are technical guides which set out the basic requirements to be observed by those involved in the design and construction of buildings.
If you are having construction work carried out, or purchasing a property, the work must meet the standards required under the regulations.
The regulations apply to the construction of new buildings, extensions and material alterations to existing buildings and certain changes of use of existing buildings.
7.4 Building Regulations Compliance
The Building Regulations cover the following areas:
- Structure;
- Fire;
- Site preparation and resistance to moisture;
- Materials and workmanship;
- Sound;
- Ventilation;
- Hygiene;
- Drainage and waste disposal;
- Heat producing appliances;
- Stairways, ramps and guards;
- Conservation of fuel and energy;
- Access for disabled people.
Primary responsibility for compliance with the regulations lies with designers, builders and building owners. The building control authorities have powers to inspect design documentation and buildings.
They can also enforce and prosecute where breaches of the regulations occur. A guide to the regulations is available from the Department of the Environment, Heritage and Local Government at: www.environ.ie
7.5 Taking in Charge
Taking in Charge refers to the process whereby local authorities, where developments have been completed to their satisfaction, manage and maintain public lighting, new roads, open spaces, car parks, sewers, water mains or drains, where requested by the developer or a majority of the qualified electors who are owners or occupiers of houses or other dwellings.
Where the development is not yet complete, the local authority must take responsibility for the roads and comply with Section 11 of the Roads Act, 1993 if requested to do so by a majority of the residents that are on the Local Government Register of Electors.
The extent to which the taking-in-charge system applies may vary from development to development.
The time frame for taking in charge is dependent on the manner in which the development has been completed in compliance with planning permission.
Developers should indicate and make available for use by the appointed sales agent, details of the services and public areas within the development it is intended shall be taken in charge by the local authority and those it is intended shall remain under the sole control of the management company.
The Department of the Environment, Heritage and Local Government issue planning guidance on the taking in charge of residential estates by local authorities.
The guidelines state that local authorities must set out their procedures for prompt taking in charge on foot of a request by the majority of the residents in the development or by the developer, as appropriate.
Protocols, including time frames, must be set out by to respond to requests for taking in charge.
The most recent policy guidance issued by the Department in February 2008, provides for the taking in charge of the core facilities of public roads and footpaths, public lighting, public water supply, foul and storm water drainage, public open spaces and unallocated surface parking areas etc. by the local authority.
Where the development is properly completed in compliance with the planning permission, the Planning and Development Act 2000 and above policy guidance provides for the prompt taking in charge by the Planning Authority.
Further information on the taking in charge policy and contact details for all local authorities in your area may be obtained at www.environ.ie