For its first decade-plus, the MUD Act ran unattended: real obligations, no dedicated enforcer, a sector of volunteer boards left to self-regulate with predictable results. That era is ending — on a timeline nobody can promise, in a direction everybody can read. Here is the reform horizon, honestly framed: what is committed, what it plausibly means, and why the winning move is the same whichever year it lands.
Mary Molloy Solicitors are solicitors, not accountants or tax advisers. Nothing on this page is tax, accounting or financial advice — engage your accountant on those questions, and both advisers together where matters straddle the line. Company law procedures, CRO practice and filing deadlines change frequently, and reform of the law governing owners’ management companies and charities is ongoing; confirm the current position before acting on anything here.
The Committed Pieces
- The machinery of government move: the MUD Act and OMC regulation transferring from Justice to Housing — the sector treated as housing policy at last;
- The regulator: a Housing Agency unit to regulate OMCs — the sector’s first dedicated oversight, committed in the Programme for Government;
- The money regulations: section 18 and 19 regulations (service charges, sinking funds) in drafting;
- The review: the long-promised examination of the MUD Act itself, informed by the Housing Agency/Clúid sustainable-apartment-living analysis that catalogued the sector’s gaps.
All of it is direction rather than date — and everything on this list should be confirmed as at the day you rely on it, which is exactly what the disclaimer above means.
Why the Direction Is Certain Even Where the Date Isn’t
The remediation era settles it: very large sums of public money are flowing through OMCs to fix apartment defects, and the State does not leave its money in unregulated hands indefinitely — the governance of the vehicle becomes the interest of the funder. Add the structural findings every sector report repeats — underfunded sinking funds, arrears cultures, AGM droughts, strike-off epidemics — and regulation is less a policy choice than a scheduling question.
Positioning: The Same Answer From Either Chair
Boards: the coming regime will, on every plausible design, check the compliance you already owe — so run the rhythm now (AGM, report, approved charges, real fund, current filings, elections within section 16’s terms) and meet the regulator with a shrug: the governance reset is precisely this exercise. Owners: don’t wait — the existing machinery (section 24 above all) answers today’s disputes today, and the development that fixes its governance, funding and title questions during the interregnum enters the regulated era clean. The sector’s history has one lesson on offer: waiting for someone else to enforce the Act is how the last decade happened.
Reform-Ready - or Reform-Exposed?
One call benchmarks your development against the rhythm the coming regime will check - and fixes the gaps while fixing is cheap.
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About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising company directors, shareholders, family businesses, owners’ management companies, clubs and charities across Ireland. Richard holds a Diploma in Mediation from the Law Society of Ireland — central to this work, where shareholder, family-company and apartment-block disputes are relationship disputes first, and where the MUD Act itself empowers the Circuit Court to direct parties to mediation. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.