# steps to have your estate taken in charge



## AKA (19 Mar 2008)

What are the steps to having your estate taken in charge?

Kilkenny County Council
'A new Protocol to deal with the Taking in Charge of housing estates by the Council was developed and commenced in 2005 and will continue to be developed and utilised for future requests under the Taking in Charge process.​
The Taking in Charge process commenced in respect of 11 housing estates in 2005. '​ 

http://www.kilkennycoco.ie/ar2005/planning.htm​ 

*Kildare County Council* took over the following services in some estates in 2006 but its unclear if there was a management company present:
'roads, paths, public lights, open spaces, water supply system and both main foul and surface water sewers'​ 

http://kildare.ie/CountyCouncil/PressReleases/PressReleases2006/July/LinkToPressRelease,11952,en.doc​ 


​

Has anyone successfully had their estate taken in charge where a management company was present?
What steps did you take?
When taking over management of open spaces did this include grass cutting?
How long did it take and did any subsequent phases delay the process?
Gormley's request doesn't seem to specify what the council must take in charge - only asking them to outline what they will take in charge. http://www.environ.ie/en/Developmen...velopment/Planning/News/MainBody,16789,en.htm


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## Guest121 (23 Mar 2008)

You need the agreement of the majority of the people on the Electoral Register in your complex.  If your estate is a traditional housing estate they should be doing so already.

You then go to your local authority and request that they take it in charge - they are duty bound to do so.

They must take over the cutting of grass etc... They will not plant flowers or the like though, nor will they maintain these kinds of areas, that's for you guys.


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## AKA (24 Mar 2008)

What department should be contacted in the council?

We have been told by our local councillors that there is no parks department and grass will not be cut.  The majority of unmanaged estates in Meath are paying a fee to the residents association who then hire a gardener to cut the grass.

Will the council take over 2 phases of an estate that are complete a number of years now.  There are other phases planned.


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## Guest121 (27 Mar 2008)

AKA said:


> What department should be contacted in the council?
> 
> We have been told by our local councillors that there is no parks department and grass will not be cut. The majority of unmanaged estates in Meath are paying a fee to the residents association who then hire a gardener to cut the grass.
> 
> Will the council take over 2 phases of an estate that are complete a number of years now. There are other phases planned.


 
As the estate is not complete things might be different.

Legislation is being pushed through by the Dept of Env and Justice in relation to this.

The policy of "Taking in Charge" is dealt with by the Dept of the Environment, an e-mail to Minister Batt O'Keeffe might get you a very speedy answer.


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## plant43 (27 Mar 2008)

It depends on the indivdual councils. Kildare County Council for example take over estates on a phase by phase basis. 

I would say too that you need to agreement of the majority of homeowners in the estate, not necessarily those on the electoral register, as this would include tenants, who shouldn't have any say over the management of the estate.


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## Guest121 (27 Mar 2008)

plant43 said:


> I would say too that you need to agreement of the majority of homeowners in the estate, not necessarily those on the electoral register, as this would include tenants, who shouldn't have any say over the management of the estate.


 
I checked it out again and I am 100% that you need the majority of people on the electoral register and the majority of people that live there.  

If there are 200 people in the development and only 88 on the electoral register then you would need 45 signatures to request the local authority to take the development in charge.


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## AKA (31 Mar 2008)

bobbysands81 said:


> I checked it out again and I am 100% that you need the majority of people on the electoral register and the majority of people that live there.
> 
> If there are 200 people in the development and only 88 on the electoral register then you would need 45 signatures to request the local authority to take the development in charge.


 
Where did you check?  I think it could be different when a management company is in place.  To be honest this isn't a problem as the majority of residents want the estate taken in charge.


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## Guest121 (1 Apr 2008)

AKA said:


> Where did you check? I think it could be different when a management company is in place. To be honest this isn't a problem as the majority of residents want the estate taken in charge.


 
It's in Section 180 of the 2000 Planning Act.

I believe that the Dept of the Environment issued a circular to Local Authorities this year about it and Minister Gormley wrote out to Authorities last July in this regard too.

"*180.* —(1) Where a development for which permission is granted under _section 34 _or under Part IV of the Act of 1963 includes the construction of 2 or more houses and the provision of new roads, open spaces, car parks, sewers, watermains or drains, and the development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, subject to _subsection (3)_, by the majority of the qualified electors who are owners or occupiers of the houses involved, as soon as may be, initiate the procedures under section 11 of the Roads Act, 1993 ."


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## AKA (3 Apr 2008)

Yes some councils have a policy document that often needs updating but others don't or are resisting having to take over any estates by having stipulated management companies when granting planning application.

Here's an example of Monaghan County Council's policy:


Even when a management company wasn't stipulated in planning we have found that one was set up anyway by the developer in a standard housing estate.


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## room305 (12 Apr 2008)

AKA said:


> Yes some councils have a policy document that often needs updating but others don't or are resisting having to take over any estates by having stipulated management companies when granting planning application.
> 
> Here's an example of Monaghan County Council's policy:
> 
> ...


 
The existence or otherwise of a management company doesn't prevent you from handing over the estate to the local council.


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## trustno1 (18 Apr 2008)

Just wondering.  I live in a new estate that is both a mix of apartments and houses (I'm living in a house).  Do you know if this type of estate is likely to be taken in charge by the local county council.  There is about 80 houses and maybe 200 apartments.  The houses are all 4 & 5 bed detached. Many Thanks


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