Dáil Éireann Debate, Wednesday - 8 May 2024
279. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the safeguards in place to ensure that public monies committed to owners’ management companies under the defects remediation schemes will be spent in their entirety on remediation works. [20475/24]
View answerMy Department is currently, as a matter of priority, preparing legislation to put in place a statutory remediation scheme for owners of certain apartments affected by fire safety, water ingress and structural defects. This legislation will establish supports for the remediation of these defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013. Given the complexity of the issues, including the significant amount of Exchequer funding that this Government has committed to assist affected homeowners, sufficient time is required to ensure that the scheme is fit for purpose, provides value for tax payers' money and contains appropriate oversight and governance measures. It is expected the draft legislation will be published in 2024 and that, subject to the legislative process, the statutory scheme will be in place shortly thereafter.
Pending the introduction of the statutory scheme, an Interim Remediation Scheme (Scheme) for the funding of emergency fire safety defect works in apartments and duplexes has been in place since December 2023. The Scheme, which is being administered by the Housing Agency on a nationwide basis, is open to applications from apartment Owner Management Companies (OMCs) via the Housing Agency’s website. In the period since the Scheme’s launch, up to and including 30 April 2024, 238 applications for fire safety remediation work are being progressed across 27 local authority areas, representing a total of 14,018 residential units.
The Interim Remediation Scheme only covers defects caused by defective design, workmanship or materials that breached the Building Regulations that applied when the property was built. It will not cover defects that came about because of inadequate maintenance, insufficient sinking funds or later building work that was not managed correctly. Application for funding through the Scheme will need to pass several stages of oversight, including:
• Submission of a valid application with development particulars and authorised contact information;
• Provision of an application pack to valid applicants only;
• Selection and engagement of a Competent Professional for the discovery of fire safety defects and identification of necessary works;
• Completion of a Fire Safety Risk Assessment (FSRA) and the preparation of a proposed Interim Remediation Works Plan, subject to engagement with Local Authority Fire Services (LAFS);
• Procurement of a Competent Builder and determination of costs;
• Works eligibility assessment and provisional funding approval by the Housing Agency;
• Issuing of a Grant Agreement for the OMC's review, signature and return. By signing the Grant Agreement, the OMC will agree to the terms and conditions specified;
• Remedial works then proceed in accordance with the particulars submitted and as outlined in the Grant Agreement;
• The OMC provides the Housing Agency with the necessary certificates of completion/compliance and supporting documentation agreed.
To ensure value for money and good governance regarding Exchequer funding, appropriate terms and conditions in accordance with DPER Circular 13/2014, 'Management of and Accountability for Grants from Exchequer Funds', will apply to such funding. These details will be outlined in the Grant Agreement.
