Section 180(1) as amended provides for the Taking In Charge (TIC) of estates either at the request of the developer or the house owners. The conventional manner for TIC estates is at the request of the developer. The paragraphs below set out the essential differences of taking estates in charge at the request of the developer and at the request of the house owners.
Conventional Manner for taking estates in charge:
When an estate is taken in charge in the conventional manner (i.e. with the co-operation of the developer), the public open spaces must be vested in the County Council and the developer is required to provide as constructed drawings showing the location of all services and manholes etc. This is essential to facilitate the future maintenance of the estate. The developer is required to provide a CCTV survey of foul sewers. This is required to ensure that there is no debris or infiltration into the sewers. Finally, the developer is required to rectify any defects or damage to the roads, footpaths, services, open spaces etc. that are to be taken in charge.
Taking estate in charge at the request of the residents:
Where an estate is not taken in charge in the conventional manner and the TIC process is activated at the request of the owners of the houses in the estate in accordance with the provisions of Sections 180(1) and (2)(a) of the Planning and Development Act 2000 as amended, ownership of the open spaces will not necessarily transfer to the County Council. The only funds available for remedial works are the performance bonds that were provided by the developer if any. In many of the older estates the amount of the bond may not be adequate to fund the remedial works required.