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Estate not taken in charge

  • 27-11-2016 5:29pm
    #1
    grind gremlin
    Registered Users, Registered Users 2 Posts: 420 ✭✭


    The estate I live in was completed almost 10 years ago. It appears the builder is reluctant to hand it over as he has previously applied for planning permission to build an additional couple of houses. The application was rejected but it's expected he will apply again.
    Can they continue to hold onto the estate indefinitely or is there a time limit within which it must be taken in charge?
    Thanks in advance...


Comments

  • #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 41,588 Mod ✭✭✭✭Gumbo


    My estate is 20 years built and not handed over yet.


  • #3
    smjm
    Registered Users, Registered Users 2 Posts: 407 ✭✭smjm


    Not sure if this is the most up-to-date legislation on the matter, but in the Planning and Development Act 2000 there was provision for an estate to be taken in charge if the majority of the property owners wanted it: http://www.irishstatutebook.ie/eli/2000/act/30/section/180/enacted/en/html

    I'm no expert on the matter at all; just happen to remember reading that! :)


  • #4
    grind gremlin
    Registered Users, Registered Users 2 Posts: 420 ✭✭grind gremlin


    smjm wrote: »
    Not sure if this is the most up-to-date legislation on the matter, but in the Planning and Development Act 2000 there was provision for an estate to be taken in charge if the majority of the property owners wanted it: http://www.irishstatutebook.ie/eli/2000/act/30/section/180/enacted/en/html

    I'm no expert on the matter at all; just happen to remember reading that! :)

    Thanks for that! Found the relevant documents online.
    Has anyone gone down this route (residents requesting an estate be taken in charge) and how long did the process take?


  • #5
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    The process can take a while, and basically until roads, paths, communal areas like open space, public lighting, landscaping, boundary treatment if applicable, surface water etc. are not up to scratch and not compliant with the planning permission, the estate will not be taken in charge until done. The onus is on the developer to get the works done, for which by the way he is legally obliged. Councils quite rightly won't be granting further permissions, until such developers finish off what they were supposed to, and for which you and I handed out lots of money for a house with the expectation that such communal works would be completed.


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