Written Answers. - Parliamentary Debates - Houses of the Oireachtas

[Deputy Jan O’Sullivan.]
Questions— 14 February 2012. Written Answers
evidence of adverse health effects in children or adults as a result of exposure to electromagnetic
fields below ICNIRP levels. This applies irrespective of the location of the mobile
phone mast.
Local Government Charges
412. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local
Government if a householder is liable for the household charge when local authority rates are
already being paid on the property; and if he will make a statement on the matter. [7562/12]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
The Local Government (Household Charge) Act 2011 and the Local Government (Household
Charge) Regulations 2012 provide the legislative basis for the household charge. The Act places
the household charge under the care and management of the local authorities, and application
in particular circumstances is a matter for the relevant local authority. Interpretation of the
legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.
Section 2 of the Act sets out the meaning of “residential property” for the purposes of the
Act. In particular, section 2(2)(d) of the Act provides that a building that is wholly used as a
dwelling (other than a dwelling that forms part of a mixed hereditament within the meaning
of the Local Government (Financial Provisions) Act 1978), and in respect of which local authority
rates are payable, is not a residential property for the purposes of the household charge.
There would be a liability in respect of a residential property that forms part of a mixed
hereditament, within the meaning of the Local Government (Financial Provisions) Act 1978,
unless otherwise exempted or entitled to a waiver.
Property Management Companies
413. Deputy Clare Daly asked the Minister for the Environment, Community and Local
Government his plans to deal with the substantial problems faced by residents whose dwellings
are part of management companies, in view of the large number of such companies that are
insolvent, causing legal problems for owners, combined with the problems of local authorities
being unable to offer a level of service if residents request a taking in charge, due to ongoing
cutbacks and the recruitment embargo. [7568/12]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Jan O’Sullivan): My Department has no function in relation to the operation of property
management companies. The Multi Unit Developments Act 2011, which falls under the
remit of my colleague the Minister for Justice and Equality, regulates the management and
operation of such companies.
Section 180 of the Planning and Development Act 2000 requires that where a development
for which permission is granted under the planning acts includes the construction of two or
more houses and the provision of new roads, open spaces, car parks, sewers, water mains or
service connections, and the development has been completed to the satisfaction of the planning
authority in accordance with the planning permission and any conditions to which the
development is subject, the authority shall, where requested by the developer or the majority
of house owners, initiate the procedures to take the development in charge.
Community Development
414. Deputy Dara Calleary asked the Minister for the Environment, Community and Local
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