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Development Control

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Our Taking in Charge Policy

Taking in charge is a formal legal process by which responsibility for certain public areas, structures and services in a private residential development or estate are transferred to, or put in the charge of, a local authority.

Section 180 of the Planning and Development Act, 2000, as amended and Section 11 of the Roads Act, 1993 provide the main legal basis for taking in charge.

Housing estates containing two or more houses can be taken in charge by Kildare County Council either by a request from a plebiscite of owners (following a period of four years post expiry of the relevant planning permission), or more usually by a developer on completion of a housing estate to our taking in charge standard.

The taking in charge of a housing estate should be carefully considered through the design, planning and construction stage, thereby avoiding delays at the latter end and ensuring that the estate is taken in a timely and efficient manner. Common issues that arise which may cause delays to the taking in charge process include:

  1. Services such as public lighting, surface water drainage installed in private areas.
  2. Roads, services and open spaces not installed in accordance with Kildare County Council’s Taking in Charge Policy and Specifications.
  3. Areas incorrectly marked as public such as private parking areas, bin stores etc.
  4. Incomplete Health and Safety file information submitted.

In order to facilitate the taking in charge process, Kildare County Council have produced the Taking in Charge Policy and Specifications detailed below. These documents should be examined by the developer at planning stage and used as a blueprint through the design, planning, construction and completion stage to achieve a timely and efficient taking in charge process.

The Taking in Charge Process

The process for taking a housing estate in charge by Kildare County Council is outlined in detail in the Taking in Charge Policy and Specifications below.

Taking in Charge Policy and Specifications

Our Taking in Charge Policy was adopted on the 29/05/2023.