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What happens to common areas in unfinishe housing estate when the developer goes bust

  • 23-01-2013 1:13pm
    #1
    Registered Users, Registered Users 2 Posts: 507 ✭✭✭


    Can anyone tell me what happens to the common areas of an unfinished housing estates when the developers company get struck off? I believe all the companys assets go to the state solicitor but what happens then. Does he then pass them onto the county council. Are they responsible to finish the roads in the state, upkeep sewerage and lights?


Comments

  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    I think Michael Noonan gets them, but your mileage may vary


  • Registered Users, Registered Users 2 Posts: 1,429 ✭✭✭Cedrus


    There a few separate issues.

    The development company is not automatically the land owner, in my estate the developer owns the public areas personally so when his company went bust his private ownership was not affected. Sometimes the land is owned by a separate company which hasn't folded.

    Cork County Council (I'm not sure how standard this is) will not take an estate in charge until 5 years after substantial completion and then only when applied for by the developer, residents have to wait 12 years before they can request it.

    The co co in the past have always insisted that the estate is complete to their standards before they would take it in charge but there has been talk of that changing with the current surfeit of unfinished estates, In fact they have in some cases got money released from NAMA to make dangerous sites safe, the list that they prepared to apply for the cash has been used as the basis of the household tax exemption list.


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