Multi Unit (domestic) Developments (apartments)
The ownership of apartments in multi-unit developments (MUDs) has become much more common in Northern Ireland in recent years. This development has not, however, given rise to a reconsideration of the current legal framework to ensure that the needs of apartment owners are addressed. Since the physical characteristics of a flat are quite different from those of free-standing properties, this gives rise to a number of issues relating to maintenance and management. This is because each flat is part of a larger building and is dependent for support on other flats or parts of the structure. Various parts of the whole building, both internal and external, are shared in common with other owners, e.g. a car park, garden, stairs, roof, pipes, cables, etc. and must, therefore, be maintained on a common basis.
The Northern Ireland Law Commission issued a consultation paper on its First Programme of Law Reform in September 2008 seeking views and proposals on potential areas of law reform. The Commission received a number of representations supporting multi-unit developments as a potential project and it was subsequently adopted as part of the First Programme. The issue of multi-unit developments was also the subject of a debate in the Northern Ireland Assembly in November 2009.
The aim of this Project is to review the existing law and practice in relation to MUDs in Northern Ireland; identify problems in practice; assess legislative models which have been adopted in other jurisdictions; and recommend measures for law reform.
The Commission is seeking to gather evidence of problems arising in practice as a result of any deficiencies in the current legal framework. It would therefore be interested to hear from any interested parties such as apartment owners, management companies, management agents, solicitors, etc. The Commission also welcomes comments from any interested individual on possible reform of the law in this area.
Please note that the role of the Northern Ireland Law Commission is limited to making recommendations for reform of the law. It cannot, therefore, provide legal advice to individuals on this issue.
Submissions can be made in writing by post or e-mail to:
Rebecca Riordan
Northern Ireland Law Commission
Linum Chambers
2 Bedford Square
Bedford Street
Belfast
BT2 7ES
email: rebecca.riordan@nilawcommision.gov.uk
