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Taking in Charge of Residential Developments

Section 180 of the Planning and Development Act 2000 sets out the legal framework for the taking in charge of residential developments.   A revised policy in this regard was introduced with effect from 7th July 2008.

The Council imposes a condition on all housing developments requiring that development work shall not commence until adequate security for the satisfactory completion of the proposed development has been submitted to and accepted by it.  This security is released when the development has been completed to the satisfaction of the Council.

Any request to have a housing development taken in charge by the Council must be accompanied by the following:

1. Application form duly completed.
2. Appropriate Fee (The applicable fee will be the appropriate fee on the date of application for taking in charge and will cover the Council’s costs, including costs of all surveys and any administration costs) - Current fee €250 per house. 
3. The following documentation:
   1. Evidence that all necessary way leaves are reserved forever in the transfer documentation to house purchasers.
   2. 3 copies of site location map (scale 1:2500) with the residential development (site) clearly outlined in red
   3. 3 copies of as-constructed drawings for the residential development (site) to a scale of 1:500 and an electronic copy on a CD showing: 
      • The residential development boundary depicted in red.
      • The layout and levels of roads, footpaths and sewers (foul and surface water).
      • The layout and diameters of the water mains with valve positions marked (including hydrants).  Where more than two valves are provided at a water main junction, a line drawing showing the layout of valves at the junction shall be provided.
      • The gradient of all sewer section, invert and cover levels to a recognised national datum
      • Marker plates for all hydrants, sluice valves, air valves and scour valves.
      • The position of road gullies and their connection points to the main surface water network.
      • The position of services or service ducts crossing carriageways clearly identified by dimensioning from some clearly visible surface feature, eg road gully or manhole and also details of the services for electrical, telephone and television or other services underground in the residential development.
      • The position of public lights and micro pillars for lighting and services.
      • Open space (to be coloured green).
      • Clear identification of surface water discharge points.
   4. A certificate that the development has been carried out in accordance with the   “Recommendations for Site Development Works for Housing Areas” (Department of the Environment and Local Government, 1998), subject to such amendments as have been approved by Sligo County Council.  This certificate shall be signed by a suitably qualified person with professional indemnity insurance who is not a beneficiary of the development (apart from fees) (See Form No. 1 – Certificate).
   5. Test results for watermains in accordance with “Recommendations for Site Development Works for Housing Areas” (Department of the Environment and Local Government, 1998).  All the above tests shall be certified to the above requirements (See Form No. 2 - Certificate).
   6. A Certificate from a competent Electrical Contractor (who is a registered member of RECI) that the Public Lighting complies with BS 5489 and is per specification in Section 5, ‘Public Lighting’ in ‘Recommendations for Site Development Works for Housing Areas’ (Department of the Environment, Local Government and Heritage 1998) (See Form No. 3 - Certificate).
   7. Test Results duly certified showing the output in litres per minute from all fire hydrants in the residential development (see Form No 4- Certificate).
   8. Letter from Management company or residents’ group  that the open space will be maintained by them (See Form No. 5 – Letter)

It is the policy of the Council to have a Closed Circuit TV survey on all main runs of foul and storm sewers, carried out by an agent, on its behalf, to ensure satisfactory standards of construction prior to taking any development in charge.

Download the Taking Estates in Charge Application Form (pdf, 20 kbs)

Download the Policy on Taking in Charge of Residential Development (pdf, 63 kbs)