Dáil Éireann Debate, Tuesday - 2 December 2014
109. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government if he will permit the Pyrite Resolution Board to consider the emerging situation in County Donegal with respect to defective blocks; the plans he has to address this problem in County Donegal; and if he will make a statement on the matter. [40946/14]
View answerThe Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme. However, the provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material and not to damage arising in any other circumstance. The Pyrite Resolution Board has no powers to investigate the alleged use of defective blocks in the construction of the houses in County Donegal and I have no proposals to amend the Act in this regard.
In general, building defects are matters for resolution between the relevant contracting parties, i.e. the homeowner, the builder, the supplier and/or their respective insurers and in the event that the parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered. In addition and where appropriate, affected homeowners should pursue their structural guarantee/insurance providers where a structural guarantee/insurance is in place.
My Department understands that legal proceedings may have been instigated in some of the cases relating to the problems in Donegal which is the appropriate course of action to take in the event that the responsible parties do not face up to their responsibilities and provide a solution to the affected homeowners.
I acknowledge the extremely difficult and distressing situations that the affected householders in Donegal face and, accordingly, my Department is prepared to review any information that can be made available in these matters (e.g. test/laboratory reports on the concrete blocks, structural reports on the affected dwellings etc) and, having regard to such information, may be in a position to offer advice which may be of assistance to affected homeowners in seeking a resolution to their difficulties . In that regard, a meeting has been arranged between my Department and a delegation of affected homeowners.
