Taking In Charge – what it is and why it matters
What if you bought a house in an estate, and one day you woke up to find all the sewers were backing up, and nobody had the responsibility or right to fix it? “Taking in Charge” is the process of requesting the local authority to assume responsibility for essential services within a housing estate once the development is completed.
Understanding Water and Wastewater Systems in Your Future Home
When buying a home, it’s easy to focus on the size of the kitchen, the number of bedrooms, or the garden space. But have you considered what happens when you turn on a tap or flush a toilet? Ensuring that clean water flows into your home and wastewater is properly carried away is fundamental to a property’s livability and long-term value.
Taking in Charge
“Taking in Charge” is the process of requesting the local authority to assume responsibility for services within a housing estate once the development is completed. These services typically include:
Roads and footpaths – Ensuring they are properly maintained, repaired, and safe for use.
Public lighting – Managing streetlights to ensure adequate illumination and safety.
Water supply – Maintaining a reliable and safe drinking water system.
Wastewater and drainage systems – Overseeing sewage treatment, drainage, and stormwater management.
Green spaces and public areas – Maintaining parks, landscaped areas, and other communal spaces.
Public safety features – Managing signage, speed control measures, and other safety infrastructure.
Once an estate is formally taken in charge, these services become the responsibility of the local authority, ensuring their long-term upkeep and management.
A house without a reliable water supply or wastewater management system is not only uncomfortable but could also be unsellable and ineligible for a mortgage. If problems arise, legal roadblocks can make it difficult—or even impossible—to restore these essential services. Understanding who is responsible for maintaining these systems is critical before making a purchase.
What Happens When Nobody Is Responsible?
Imagine you’ve bought a house in a new estate in a rural area. Everything seems fine—until one morning, you wake up to find the sewers backing up into your garden and nobody available to fix the issue. Calls to the local authority and Irish Water are met with the same response: they don’t own or maintain the system. You quickly learn that the developer, who originally installed the treatment plant, is no longer in business. The estate’s residents are left in limbo, with no clear solution to the sanitation crisis.
Case Study: The Developer Walks Away
In this real-world scenario, a developer built a rural housing estate with a private sewage treatment unit, as no public sewer system was available. The long-term plan was to connect the estate to the local authority’s main sewage system, but this was always a longterm aspiration. Regardless, the local authority would usually take responsibility for the infrastructure — called ‘taking in charge‘ – but only once the estate was finished to the appropriate standards.
Meanwhile, the developer retained ownership of the treatment unit, estate roads, and other common areas, through a management company it set up, with the intention of addressing the remaining issues as part of a second phase of development.
A number of years passed and before the developer could expand the estate, the developer went out of business. The estate was left in a legal and operational vacuum. When the treatment unit failed, residents had nowhere to turn, facing a costly and complex legal battle just to restore basic sanitation.
Questions Every Homebuyer Should Ask
To avoid finding yourself in this kind of situation, consider these key questions before purchasing a home:
- Where does my drinking water come from, and who ensures it is safe?
- Where does my wastewater go, and who maintains the system?
- If there is a shared treatment plant, who owns and operates it?
- If a private company manages the system, what happens if they stop maintaining it?
- If a management company is responsible, does it have the necessary funds and legal structure to guarantee long-term maintenance?
- Who is responsible for maintaining estate roads, street lighting, and other shared infrastructure?
The Risks of Unclear Ownership
If no one is responsible for maintaining water and wastewater systems, the risks are significant:
- Unresolved sanitation issues: Blocked or failing wastewater treatment systems can lead to sewage backups, odours, and serious health hazards.
- Devalued property: A house in an estate with unresolved infrastructure problems can be difficult to sell and may not qualify for mortgage approval.
- Legal complications: Homeowners may find themselves in prolonged disputes, unable to resolve basic infrastructure issues without costly legal intervention.
- Neglected estate conditions: Poorly maintained roads, broken streetlights, and sanitation failures can result in a run-down living environment.
Protecting Your Investment
If you are buying a home in an estate that is not yet fully adopted by the local authority, it is crucial to ensure that:
- There is a clear agreement on who owns and maintains water and wastewater infrastructure.
- Any management company involved has the legal structure and financial resources to fulfill its responsibilities.
- The estate’s infrastructure meets local authority standards for potential future adoption.
- You understand your rights and responsibilities before signing the contract.
A beautiful home is only as good as its infrastructure. By asking the right questions and ensuring clarity on water and wastewater management, you can protect your investment and avoid costly surprises in the future.