voting for OMCs. Anecdotal evidence suggests
practice, were added to the framework of
that this has led to increased attendances at
consumer protection.
AGMs by homeowners. These innovations are due to be made permanent under proposed changes
Sector new entrants
to company law. May 2021 saw The Housing
In the last decade new participants – commercial
Agency and Chartered Accountants Ireland
institutional landlords like REITs and similar funds
publish ‘Owners’ Management Companies: A
– have entered the MUD sector. Approved housing
Concise Guide for Directors’. The guide focuses on
bodies (AHBs) now build or buy homes, many of
10 corporate governance considerations for OMC
which are managed as MUDs. Local authorities
directors. Its purpose is to help directors to
play an increasingly prominent role in MUDs
navigate important matters such as directors’
through arrangements including Part V acquisition,
duties, financial management, outsourcing, and
leasing, and construction. These changes can bring
OMC performance.
complexity and experience to the sector, and to the management of individual estates.
MUDs and planning Standards for New Apartments’ were issued in
Technology, climate action and sustainability
March 2018, and amended in December 2020.
Aside from the switch to virtual meetings brought
Under paragraphs 6.11-6.14, assessments by
about by the pandemic, technological advances
local
planning
employing web-based portals and applications
applications must consider the long-term running
offer estate management and reporting in real
costs and eventual manner of compliance of
time.
proposals with the MUD Act. Applications must
sustainability, de-carbonisation, and renewables
include a building lifecycle report, to include an
continue to be driven by legislative change and
assessment
and
residents’ expectations. New MUDs can plan
maintenance costs as they would apply on a per
outcomes at design stage by way of energy-saving
residential unit basis. In addition, applications
components. Limited financial resources, and
must demonstrate what measures have been
spatial or title constraints in existing MUDs may
specifically considered effectively to manage and
pose challenges to retrofitting, for example,
reduce costs for the benefit of residents.
installing
When granting permission, planning authorities
infrastructure in common areas.
The
‘Sustainable
authorities
of
Urban
of
Housing:
apartment
long-term
Design
running
New
approaches
electrical
to
environmental
vehicle
charging
are advised to attach appropriate conditions that require
compliance
with
the
MUD
Act,
Further change
establishment of an OMC, and establishment and
Other changes in the landscape in the decade since
ongoing maintenance of a sinking fund.
the arrival of the MUD Act include the Building Control (Amendment) Regulations 2014, guidance
Service providers and consumer protections
in relation to fire safety in MUDs, and the
April 2022 will mark a decade since the Property
Government and Heritage of an independent
Services Regulatory Authority (PSRA) was
working group to examine the issue of defective
established. Readers will be familiar with the
housing.
establishment by the Minister for Housing, Local
supports and oversight established under the system of regulation and licensing. Professional
The MUDs sector is no exception to Heraclitus’s
competence requirements and client money
proposition that change is the only constant in life.
safeguards apply. At the end of 2020 new minimum standards, accompanied by a code of
*Views expressed are those of the author.
SURVEYORS JOURNAL Volume 11, Issue 2, Summer 2021
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