This is nonsense. Many estates with or without apartments are not being taken in charge, because the planning permission specifically stated that they would not be taken in charge.The Council is obliged to take common areas of estates in charge where there are no apartments.
That may or may not be the case. The council may agree to take over the roads (non-gated community) but may not agree to maintain grassed / common areas / trees / other planting. There is no set rule. As usual it all depends on planning permissions, agreements and other issues.If the estate have been taken in charge by the council, that means you will cease to pay management fees. The council will now take over the functions of the management company.
This is nonsense. Many estates with or without apartments are not being taken in charge, because the planning permission specifically stated that they would not be taken in charge.
which places a legal obligation on planning authorities to take in charge residential developments, finished or unfinished, where certain conditions have been met.
Where there are core facilities in existing residential developments which were approved by the planning authority on the basis that they would remain private and be maintained by a management company, these must be taken in charge if the majority of residents request it;
If the estate have been taken in charge by the council, that means you will cease to pay management fees. The council will now take over the functions of the management company.
Is this an example of the local-authority doing a partial or selective taking in charge that I posted above?... homeowners have been advised that the management company still exists and fees are still payable to maintain the common areas.
Thanks for the clarification. I stand corrected. I wasn't aware that things had moved on.The Dept of Environment issued a http://www.google.ie/url?sa=t&source=web&cd=4&ved=0CCgQFjAD&url=http%3A%2F%2Fwww.environ.ie%2Fen%2FPublications%2FDevelopmentandHousing%2FPlanning%2FFileDownLoad%2C16779%2Cen.pdf&ei=wT0XTJzZKZKI0wSGxrXGCw&usg=AFQjCNHa74CB8qsVRigKncmaRUgjeyxMXw&sig2=k35Qw_u_S-0r1uttFqs5LA (circular) two years ago telling local authorities that they were not allowed to deny taking in charge and must have a published policy around it. It says:
and more importantly, it also says:
The Dept of Environment issued a circular two years ago telling local authorities that they were not allowed to deny taking in charge and must have a published policy around it.
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