Multi-Unit Developments Act 2011


Number 2 of 2011


MULTI-UNIT DEVELOPMENTS ACT 2011

REVISED

Updated to 30 November 2016


This Revised Act is an administrative consolidation of the Multi-Unit Developments Act 2011 . It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Tourism Development Authority (Amendment) Act 2016 (14/2016), enacted 16 November 2016, and all statutory instruments up to and including Multi-Unit Developments Act 2011 (Prescribed Form and Fee) Regulations 2016 (S.I. No. 579 of 2016), made 30 November 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 2 of 2011


MULTI-UNIT DEVELOPMENTS ACT 2011

REVISED

Updated to 30 November 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Material not updated in this restatement

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1997, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this restatement

Companies Act 2014 (38/2014)

All Acts up to and including National Tourism Development Authority (Amendment) Act 2016 (14/2015), enacted 16 November 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this restatement

Multi-Unit Developments Act 2011 (Prescribed Form and Fee) Regulations 2016 (S.I. No. 579 of 2016)

Multi-Unit Developments Act 2011 (Prescribed form and fee) (No. 2) Regulations 2011 (S.I. No. 468 of 2011)

Multi-Unit Developments Act 2011 (Section 27) (Prescribed Bodies) Order 2011 (S.I. No. 112 of 2011)

Multi-Unit Developments Act 2011 (Prescribed form and fee) Regulations 2011 (S.I. No. 97 of 2011)

Multi-Unit Developments Act 2011 (Section 3) (Prescribed Persons) Regulations 2011 (S.I. No. 96 of 2011)

Multi-Unit Developments Act 2011 (Commencement) Order 2011 (S.I. No. 95 of 2011)

All statutory instruments up to and including Multi-Unit Developments Act 2011 (Prescribed Form and Fee) Regulations 2016 (S.I. No. 579 of 2016), made 30 November 2016, were considered in the preparation of this revision.


Number 2 of 2011


MULTI-UNIT DEVELOPMENTS ACT 2011

REVISED

Updated to 30 November 2016


ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Application of Act.

3. Conditions relating to sale of units in multi-unit developments.

4. Transfer of common areas in cases where section 3 does not apply.

5. Obligation of developer to transfer ownership of common areas of completed developments to owners’ management company.

6. Owners’ management company to join in transfer to purchasers.

7. Obligations to complete development to remain with developer.

8. Automatic transfer of membership of owners’ management company on sale of unit.

9. Consequences of transfer of common areas.

10. Transfer of ownership of parts of a multi-unit development.

11. Determination of certain beneficial interests on completion of development.

12. Determination of certain beneficial interests in common areas in certain cases.

13. Right of management company to effect essential repairs.

14. Structure of certain owners’ management companies.

15. Structure of certain owners’ management companies (existing developments).

16. Life Directors and long term directors of owners’ management companies.

17. Annual meetings and reports of owners’ management companies.

18. Annual service charges.

19. Sinking fund.

20. Application of section 19 to certain developments.

21. Owners’ management company annual charges.

22. Recovery of charges and contributions.

23. House rules.

24. Dispute resolution and rehabilitation of multi-unit developments.

25. Persons who may apply under section 24.

26. Jurisdiction and venue of Circuit Court.

27. Mediation conferences.

28. Report of chairperson of mediation conference.

29. Saver for existing jurisdictions.

30. Restoration of certain companies to register.

31. Transfer of benefit of guarantees and warranties.

32. Restriction on entering into certain contracts.

33. Exercise of power to make regulations.

34. Short title and commencement.

SCHEDULE 1

Provisions of this Act which apply to multi-unit developments comprising 2 or more residential units but less than 5 residential units

SCHEDULE 2

Provisions of Act which apply to multi-unit developments to which section 2 (2) Refers

SCHEDULE 3

Documentation to be handed over pursuant to section 31 (2)


Acts Referred to

Building Control Acts 1990 and 2007

Child Care Act 1991

1991, No. 17

Companies (Amendment) Act 1982

1982, No. 10

Companies Act 1963

1963, No. 33

Companies Acts

Planning and Development Acts 2000 to 2009


Number 2 of 2011


MULTI-UNIT DEVELOPMENTS ACT 2011

REVISED

Updated to 30 November 2016


AN ACT TO AMEND THE LAW RELATING TO THE OWNERSHIP AND MANAGEMENT OF THE COMMON AREAS OF MULTI-UNIT DEVELOPMENTS AND TO FACILITATE THE FAIR, EFFICIENT AND EFFECTIVE MANAGEMENT OF BODIES RESPONSIBLE FOR THE MANAGEMENT OF SUCH COMMON AREAS, AND TO PROVIDE FOR RELATED MATTERS.

[24 th January, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: