Unfinished Housing Developments
Kilkenny County Council is committed to seeking a resolution on any unfinished estates in its functional area. The Council will implement a range of powers available to it under planning, building control and other relevant legislation in an integrated way and will work pro-actively with developers, receivers, financial institutions and local communities in securing the satisfactory resolution of unfinished housing developments. The Council will assess and monitor unfinished developments and will play a key role in the co-ordination of Site Resolution Plans with other stakeholders. The Council will pro-actively seek any funding available to carry out remedial works.
If you have a query regarding an unfinished estate in County Kilkenny, you can e-mail or phone the Planning Department.
Telephone: 056 7794010
Guide for Residents
A guide was prepared by the Department of the Environment, Community and Local Government and the Housing Agency to help residents who are impacted by unfinished housing. It outlines practical steps residents can take and it provides relevant information about what is being done and what the resolution process is.
Guide for Residents Living in Unfinished Housing Developments
Stakeholders' Code of Practice
The Stakeholders' Code of Practice represents an agreement by the key stakeholders on key roles, responsibilities and actions in working together to address and resolve the issues that have arisen regarding unfinished housing developments.
The key stakeholders who have signed up to this code include builders/developers, financial institutions (including NAMA), local authorities the Department and residents. The roles and responsibilities outlined in the Code should be to the forefront when dealing with unfinished developments.
Stakeholders' Code of Practice
Taking in Charge of Residential Estates
The term "Taking in Charge" means that the Local Authority assumes liability and responsibility for roads, footpaths and public areas associated with a particular estate. When a residential development is completed in accordance with all the conditions and particulars of the planning permission, the developer or the majority of home owners may make a written request to the Planning Department to have the estate taken in charge.
Home Owner Applications
A letter requesting Kilkenny County Council to take the development in charge must be accompanied with the signatures of the majority of home owners (not tenants). Evidence of ownership must be provided e.g. copy of Land Registry Folio/copy of solicitor's letter confirming ownership.
A letter requesting Kilkenny County Council to take the development in charge must be accompanied with a Certificate of the Infrastructure Compliance, a Certificate of Planning Compliance and a Certificate of Development Standard, along with as-built drawings, CCTV and other relevant documentation (see the Taking in Charge Protocol for full list of requirements).
Taking in Charge Protocol
It should be noted that when an estate is taken in charge, the roads servicing that estate are declared public roads and the estate must remain un-gated. The Council will not maintain open spaces such as lawns, trees, etc.
Statement of Facilities to be Taken in Charge
When a resolution under Section 11 of the Roads Act 1993 has been passed by the Roads Authority in respect of a residential estate, any or all of the following facilities within that estate shall also be deemed to have been taken in charge, unless those facilities have been expressly excluded in the resolution.
- Roads and footpaths
- Communal parking areas
- Public lighting infrastructure including associated electricity charges
- Fire hydrants and associated networks
- Public water supply, sewerage and storm water networks
- Wastewater treatment plants, pumping stations and associated buffer zones, (including the associated electricity charges)
- Water treatment plants and reservoirs (including associated electricity charges) and any associated protection zones
- Open spaces
- Playgrounds and similar recreation facilities; where these are required by condition of a planning permission as facilities for public use
- Communal walls and fencing
Note: Electricity Charges that were incurred prior to Section 11 Resolution shall not be the responsibility of the Local Authority.
Statement of Maintenance Services to be provided by Kilkenny County Council to a residential estate following its taking in charge
The maintenance services to be provided by the local authority following the completion of the taking in charge process, may include any or all of the following:
- Maintenance of all roads and footpaths, including unallocated street car parking
- Maintenance of water mains and drainage services
- Repair and reinstatement of roads, footpaths and landscaped areas resulting from repair and/or maintenance of underground services (water mains and drainage services) carried out by the authority
- Upkeep and maintenance of all public lighting installations
- Upkeep and maintenance of all surfaces, fixed elements and rigid play equipment in play lots and playgrounds in cases where the playground or play lot was required by condition of a planning permission
The Council will not maintain open spaces within the development.