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Friday, 16 Sep 2016

Written Answers Nos. 544 - 574

Pyrite Issues

Questions (544, 545, 546)

Louise O'Reilly

Question:

544. Deputy Louise O'Reilly asked the Minister for Housing, Planning, Community and Local Government the number of Green Certificates issued for houses inspected for pyrite in Fingal by district, excluding homes that have been remediated; and if he will make a statement on the matter. [25889/16]

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Louise O'Reilly

Question:

545. Deputy Louise O'Reilly asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to the fact that homeowners with Grade 1 pyrite in their homes are not covered by the exemption scheme; and if he will make a statement on the matter. [25890/16]

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Louise O'Reilly

Question:

546. Deputy Louise O'Reilly asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to the fact that there are persons in Lusk and other areas of North County Dublin who cannot sell their homes and whose homes are effectively useless but who are excluded from the exemption scheme due to the fact that the level of pyrite is not sufficiently serious; and if he will make a statement on the matter. [25892/16]

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Written answers

I propose to take Questions Nos. 544 to 546, inclusive together.

One of the key recommendations of the Report of the Pyrite Panel (June 2012) was the development of a protocol which would facilitate the testing and categorisation of dwellings in order to establish if there is reactive pyrite in sub-floor hardcore material and whether it has caused pyritic heave.

In response to this recommendation, I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation was published by the National Standards Authority of Ireland in January 2013 , and provides the means by which dwellings, which may be affected by pyrite can be tested and categorised. In broad terms, the standard sets out a two-step process to facilitate the testing and categorisation of dwellings.

The first step requires that a Building Condition Assessment be carried out; this comprises a desktop study and a visual non-invasive internal and external inspection of a dwelling to establish the presence or absence of visible damage that is consistent with pyritic heave and to quantify the extent and significance of such damage in that dwelling. Damage ratings of 0, 1 or 2 can be assigned to a dwelling under this process.

The results of the Building Condition Assessment will inform whether the second step, i.e. sampling and testing of the sub-floor hardcore material, will be required in order to confirm the presence or otherwise of reactive pyrite. Dwellings which have been tested and the hardcore is shown not to be susceptible to expansion are classified as Category A and may be issued with a green certificate. These dwellings have a negligible risk of pyrite damage given that testing has demonstrated that the hardcore is not susceptible to expansion; any damage that may be visible in such dwellings is likely to be attributable to other causes. Homeowners wishing to place their homes on the market may test their properties in accordance with I.S. 398-1:2013 and, where appropriate, obtain a green certificate from a competent person to show their home is not susceptible to pyritic heave. However, my Department does not maintain statistics on the number of properties which have been provided with green certificates given there are no requirements on property owners to test their properties for pyrite nor are there any requirements to report on the issue of green certificates.

The Pyrite Panel’s report provided the overarching framework for the development of the Pyrite Resolution Act 2013 and the ensuing pyrite remediation scheme. The Panel was clear in its view that only dwellings with significant damage due to pyritic heave should be remediated and that it would be unreasonable to expect dwellings not exhibiting such damage to be remediated unless or until they exhibit significant pyritic damage. This remains the position with regard to dwellings which do not display significant pyritic damage.

The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2013. It is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2.

While dwellings with a Damage Condition Rating of 1, or a 1 with progression, do not qualify under the scheme, some may be considered for inclusion at a later stage if the Board is satisfied that exceptional circumstances apply in accordance with the provisions of section 17 of the Act. My Department also understands that, in a number of cases, dwellings which had a Damage Condition Rating of 1 when their Building Condition Assessments were first completed have now progressed to a Damage Condition Rating of 2; these dwellings have now been included in the pyrite remediation scheme.

Pyrite Remediation Programme

Questions (547)

Louise O'Reilly

Question:

547. Deputy Louise O'Reilly asked the Minister for Housing, Planning, Community and Local Government if there is a cut-off point for inclusion in the pyrite remediation scheme; his views on whether persons who are resident in known pyrite estates should register now even if they have no visible signs of pyrite; and if he will make a statement on the matter. [25893/16]

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Written answers

The independent Pyrite Panel, which was established in September 2011, undertook a desktop study, in conjunction with a stakeholder consultation, to establish certain facts in relation to the potential exposure of pyrite in dwellings. The information was gathered from a number of sources including local authorities, structural guarantee providers, representatives of homeowners, private builders, construction professionals and public representatives and was cross referenced to verify, as far as practicable, its validity.

Seventy four estates were identified to the Pyrite Panel , as possibly having pyrite. At the time of the Report of the Pyrite Panel (June 2012), all of these estates were located in the five local authority areas of Dublin City, Fingal, Kildare, Meath and Offaly, although two estates were subsequently identified in 2014 as having pyrite problems, one each in the administrative areas of Dun Laoghaire-Rathdown County Council and South Dublin County Council.

The Pyrite Panel recommended a categorisation system as a means of prioritising pyrite remediation works in recognition of the expensive and intrusive nature of pyrite remediation and the unpredictability of pyritic heave. The Panel was clear in its view that only dwellings with significant damage due to pyritic heave should be remediated and that it would be unreasonable to expect dwellings not exhibiting such damage to be remediated. Dwellings which have no significant damage but have reactive pyrite in the hardcore should be monitored and only remediated if they display significant damage due to pyritic heave.

The Panel’s report provided the overarching framework for the development of the Pyrite Resolution Act 2013 and the ensuing pyrite remediation scheme. The scheme’s eligibility criteria are reflective of the conclusions and recommendations of that report. The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. In this regard, it is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2.

There is no sunset provision in the Act. Where a dwelling, which has a Damage Condition Rating of 1 and is currently not eligible under the scheme, progresses to a Damage Condition Rating of 2, an application can be made at that point in time for inclusion in the pyrite remediation scheme.

Pyrite Remediation Programme

Questions (548)

Louise O'Reilly

Question:

548. Deputy Louise O'Reilly asked the Minister for Housing, Planning, Community and Local Government if extensions to homes, where the extension has pyrite and the home itself does not, are covered by the pyrite remediation scheme; if not, if he will extend the scheme to cover them; and if he will make a statement on the matter. [25894/16]

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Written answers

The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite Resolution Board for certain dwellings affected by significant pyrite damage. The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. In addition, applicants under the scheme must be able to demonstrate to the Board that they have no practicable options, other than under the scheme, to secure the remediation of their homes. It is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2. An extension, used for habitable purposes, is considered to be a dwelling for the purposes of the Pyrite Resolution Act 2013, and the implementation of the pyrite remediation scheme.

Vacant Sites Levy

Questions (549)

Thomas P. Broughan

Question:

549. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government the yield if the vacant site levy introduced by the Urban Regeneration and Housing Act 2015 was implemented in 2017 and increased by 2%, 3% and 5% respectively; and if he will make a statement on the matter. [26119/16]

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Written answers

The Urban Regeneration and Housing Act 2015, enacted in July 2015, introduced a new measure, the vacant site levy, which is aimed at incentivising the development of vacant, under-utilised sites in urban areas. Under the Act, planning authorities are required to establish a register of vacant sites in their areas, beginning on 1 January 2017 and to issue annual notices to owners of vacant sites by 1 June 2018 in respect of vacant sites on the register on 1 January 2018. The levy shall be applied by planning authorities, commencing on 1 January 2019 in respect of sites which were vacant and on the vacant site register during the year 2018 and shall subsequently be applied on an annual basis thereafter, as long as a site remains on the vacant site register in the preceding year.

Planning authorities are empowered to apply an annual vacant site levy of 3% of the market value of vacant sites exceeding 0.05 hectares in area - with reduced or zero rates of levy applying in specific circumstances – which, in the planning authority’s opinion, were vacant or idle in the preceding year, in areas identified by the planning authority in its development plan or local area plan for residential or regeneration development. The 3% rate of vacant site levy is consistent with the rate applied to derelict sites under the Derelict Sites Act 1990 and is considered reasonable, without being over-punitive, for the purposes of incentivising the activation of such sites for residential or regeneration purposes. In this regard, it is also worth noting that all levies due on an individual site shall remain a charge on the land concerned until all outstanding levies due are paid so there will be a cumulative effect associated with not activating a site for development purposes for each year a site remains vacant or idle.

The proceeds of the levy raised on vacant sites by planning authorities will be used by them for the provision of housing and regeneration development in the local area in which vacant sites are located. No more than 10% of the levy monies received by planning authorities may be used on their collection and administration costs. At this time, it is not possible to provide an estimate of the annual levies that may be raised by planning authorities in the operation of the levy/or to estimate the annual levies that may be raised from application of different levy rates than those provided for, or by commencing the application of the levy at an earlier date than is provided for in the Act.

Local Authority Rates

Questions (550)

Seán Sherlock

Question:

550. Deputy Sean Sherlock asked the Minister for Housing, Planning, Community and Local Government the potential cost to the Exchequer of allowing new business start-ups to receive an exemption from rates for an initial time period and the continuation of the three year tax exemption for start up companies in towns and villages. [26362/16]

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Written answers

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Acts 2001 to 2015. The Commissioner for Valuation has sole responsibility for all valuation matters. The levying and collection of rates are matters for each individual local authority. The annual rate on valuation (ARV), which is applied to the valuation for each property determined by the Valuation Office to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function. Rates income is a very important contribution to the cost of services provided by local authorities such as roads, public lighting, development control, parks and open spaces. Locally elected members adopt the annual rate on valuation they consider necessary in order to provide the required services. The information requested is not available in my Department.

Under the provisions of the Local Government (Rates) Act 1970, a rating authority may make and carry out a scheme, providing for the waiver by the authority of all or a portion of commercial rates due by ratepayers in respect of a specified class or classes of property. The making of such a scheme is subject to my consent as Minister for Housing, Planning, Community and Local Government. No rate waiver schemes have been consented to in respect of commercial property.

Recent developments have seen some local authorities introduce locally designed business incentive schemes which promote the use of vacant commercial property. Such schemes rely upon Part 9 of the Local Government Act 2001 which provides that the functions of local authorities include providing grants, loans guarantees or other financial aid to promote the interests of the local community, including economic interests. Unlike rates waiver schemes, no Ministerial sanction is required for the setting up of these schemes.

Taxation policy is a matter for the Minister for Finance.

Water Services Data

Questions (551)

Eamon Scanlon

Question:

551. Deputy Eamon Scanlon asked the Minister for Housing, Planning, Community and Local Government if funding will be allocated which has been approved under the Rural Water Multi-Annual Funding Programme 2016-2018 to a group water scheme (details supplied) in County Leitrim; and if he will make a statement on the matter. [24875/16]

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Written answers

Drumcorra Group Sewerage Scheme was included by Leitrim County Council in its bid under Measure 4 (d) of the Rural Water Multi-Annual Programme 2016 – 2018 for funding those sewerage schemes where individual septic tanks are not a viable option, particularly from an environmental perspective. However, following examination of all local authorities' proposals under this measure by the Expert Panel convened for this purpose, the Drumcorra Group Sewerage Scheme was not recommended for funding under the programme. As such, this scheme will not be funded under the Rural Water Programme. A copy of the Expert Panel's report and consideration of all proposals under the Programme is available on my Department’s website at - http://www.housing.gov.ie/water/water-services/rural-water-programme/group-water-schemes-and-rural-water-issues.

Departmental Contracts

Questions (552, 553, 554, 555, 582)

James Browne

Question:

552. Deputy James Browne asked the Minister for Housing, Planning, Community and Local Government if he or his Department carried out a report or a review on awarding procurement contracts (details supplied) where there had been specific complaints; and if he will make a statement on the matter. [24425/16]

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James Browne

Question:

553. Deputy James Browne asked the Minister for Housing, Planning, Community and Local Government if cost was a key criteria for the recent awarding of contracts for senior alarms; the other criteria used; and if he will make a statement on the matter. [24426/16]

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James Browne

Question:

554. Deputy James Browne asked the Minister for Housing, Planning, Community and Local Government if he or his Department carried out a report or a review on awarding procurement contracts where there had been specific complaints; and if he will make a statement on the matter. [24427/16]

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James Browne

Question:

555. Deputy James Browne asked the Minister for Housing, Planning, Community and Local Government the detail of the recent tendering process for senior alarms; and if he will make a statement on the matter. [24428/16]

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James Browne

Question:

582. Deputy James Browne asked the Minister for Housing, Planning, Community and Local Government if he is satisfied regarding the outcome of the process for procuring the new providers of senior alarms; and if he will make a statement on the matter. [24811/16]

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Written answers

I propose to take Questions Nos 552 to 555, inclusive and No. 582 together

My Department is responsible for the Seniors Alert Scheme which encourages support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms to enable older persons, of limited means, to continue to live securely in their homes with confidence, independence and peace of mind.

The scheme is administered by local community and voluntary groups with the support of Pobal, an independent company, who took over this role from my Department in September 2015 given that organisation’s significant experience delivering programmes on behalf of Government. This approach was taken in order to reduce the administrative burden for the many hundreds of community and voluntary groups registered under the scheme, who provide an excellent service for the elderly.

The assessment of the tenders for the provision of alarms under the scheme, including the award of contracts, was managed separately by Pobal, following a public advertisement on eTenders on 20 October 2014. The criteria for the tender evaluation process were a matter entirely for Pobal. However, I understand that the evaluation process was comprehensive and objective, and centred around a designated set of procedures and disciplines. The results of the evaluation process were submitted to Pobal senior management, who ultimately signed off on the recommendations therein. This process was conducted in a robust manner consistent with EU and national Procurement Guidelines, and a panel of preferred suppliers was identified.

The tender was broken down into 10 regional lots to ensure that potential SME suppliers were not disadvantaged due to excessively large lot sizes. A panel of regional suppliers was contracted to provide the equipment within specified regional areas while maintaining the benefits of local service provision. In accordance with the Invitation to Tender, a maximum number of three lots was set for which an interested party could tender in their own right.

In addition, it was possible for companies who tendered for three lots independently to tender for up to three other lots under a consortium arrangement. Each regional lot contains a panel of ranked suppliers. The supplier ranked first is the supplier of choice for all local organisations in that lot unless they are unable to meet demand whereby the next ranked supplier will then be chosen to supply the equipment.

Following a meeting in December 2014 between my predecessor and Deputy Brendan Ryan, a question arose as to whether this meeting impacted the procurement process or could render the process void. As a result, the tender process was paused by my Department pending clarification of a number of technical issues in this regard, and legal advice was sought on whether the process was impacted.

In clarifying the technical issues, the focus for my Department was on ensuring that the parameters set out in the Pobal tender competition were in compliance with national and EU procurement guidelines and directives. Having considered the matter fully and taken advice, the process was found to be robust and compliant. It was agreed that Pobal would proceed with the tender process and bring it to a conclusion. The process was duly concluded and contracts awarded.

Under the conditions of the tender, Pobal envisaged carrying out a re-ranking of equipment suppliers by September 2016. This was aimed at ensuring continued fairness from a competitive perspective so that those companies which finished lower down on the initial ranking would have an opportunity to improve their position. However, Pobal have advised that, for operational and strategic reasons, they have decided instead to terminate the supplier framework and undertake a general review of the scheme. The review will identify potential improvements, including technological advances. On completion of the review, a new scheme will be put in place.

It is important to note that there will be no change to the valuable service provided to local community groups and elderly people during the review period. In this regard, Pobal are currently entering into temporary contracts with the existing suppliers to ensure continuity of service for up to twelve months.

I understand that consultation with relevant stakeholders, including local communities, service users and civic organisations, will be a key component of the review of this important scheme, the results of which will inform my Department’s policy on the future direction of the Senior Alerts Scheme.

Departmental Contracts Data

Questions (556)

James Browne

Question:

556. Deputy James Browne asked the Minister for Housing, Planning, Community and Local Government his plans for the downgrading of the turnover requirements for construction companies tendering for house building contracts, considering that many companies are struggling to meet the turnover requirements due to the low build rate in the construction sector in the past five years; and if he will make a statement on the matter. [24669/16]

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Written answers

The national minimum turnover levels for contractors are a matter for my colleague, the Minister for Public Expenditure and Reform.

Tenant Purchase Scheme

Questions (557, 561, 574, 579, 581, 592, 596, 606)

Jim Daly

Question:

557. Deputy Jim Daly asked the Minister for Housing, Planning, Community and Local Government the reason persons applying for the tenant (increment) purchase scheme 2016 must have an income level of €15,000; if there are any exceptions to this rule; his plans to review this; and if he will make a statement on the matter. [24673/16]

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Michael Healy-Rae

Question:

561. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government his views on correspondence (details supplied) regarding the new tenant purchase scheme; and if he will make a statement on the matter. [24698/16]

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Mattie McGrath

Question:

574. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government If he will revise the recently introduced local authority tenant purchase scheme to allow persons in receipt of social protection payments who have the ability to purchase their local authority house, to be included in the scheme; if he will introduce a mechanism that would calculate a person's or families ability to pay regardless of their income, be it a social protection payment or employment payment; and if he will make a statement on the matter. [24783/16]

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Michael Healy-Rae

Question:

579. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government the status of persons (details supplied) who are not eligible to buy their local authority houses due to being in receipt of social protection payments; and if he will make a statement on the matter. [24794/16]

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Thomas Pringle

Question:

581. Deputy Thomas Pringle asked the Minister for Housing, Planning, Community and Local Government if it is departmental policy that certain two bedroom local authority houses are excluded from the tenant purchase scheme or if a local authority can decide which housing stock can be sold; and if he will make a statement on the matter. [24797/16]

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Michael Healy-Rae

Question:

592. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government his views on correspondence (details supplied) regarding local authority housing; and if he will make a statement on the matter. [25140/16]

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Brendan Griffin

Question:

596. Deputy Brendan Griffin asked the Minister for Housing, Planning, Community and Local Government if he will review the income threshold requirement in the tenant purchase scheme; and if he will make a statement on the matter. [25211/16]

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Jan O'Sullivan

Question:

606. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government the changes he will make to the current tenant purchase scheme; if he will include households that have an adequate long-term income from the Department of Social Protection in the scheme even if they have no income from employment; and if he will make a statement on the matter. [25437/16]

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Written answers

I propose to take Questions Nos. 557, 561, 574, 579, 581, 592, 596 and 606 together.

The new Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum, have been in receipt of social housing support for at least 1 year and have been allocated a house under a local authority allocation scheme.

The minimum reckonable income for eligibility under the Scheme is determined by the relevant housing authority in accordance with the detailed provisions of the Ministerial Direction issued under Sections 24(3) and (4) of the Housing (Miscellaneous Provisions) Act 2014. In the determination of the minimum reckonable income, housing authorities can include income from a number of different sources and classes, such as from employment, private pensions, maintenance payments and certain social welfare payments, including pensions, where the social welfare payment is secondary to employment income.

In determining reckonable income, the income of the tenants of the house, including adult children that are joint tenants can be included, as can the income of the spouse, civil partner or other partner/co-habitant of a tenant who lives in the house with them.

In order to ensure the sustainability of the scheme, it is essential that an applicant’s income is of a long-term and sustainable nature. This is necessary to ensure that the tenant purchasing the house is in a financial position, as the owner, to maintain and insure the property for the duration of the charged period, in compliance with the conditions of the order transferring the ownership of, and responsibility for, the house from the local authority to the tenant.

The Housing (Sale of Local Authority Houses) Regulations 2015 governing the Scheme provides for a number of specified classes of houses to be excluded from sale, including houses specifically designed for older persons, group Traveller housing and houses provided to facilitate people with disabilities transferring from institutional care to community-based living. The Regulations do not exclude two bedroom houses from sale under the scheme.

Housing authorities may, within the provisions of the Regulations, exclude certain houses which, in the opinion of the authority, should not be sold for reasons such as proper stock or estate management. It is a matter for each individual housing authority to administer the Scheme in its operational area in line with the over-arching provisions of the governing legislation for the scheme, and in a manner appropriate to its housing requirements.

The financing of any house sold under the Tenant (Incremental) Purchase Scheme is a separate matter from the eligibility criteria for the scheme. In order to participate in the scheme, the tenant must, in the first instance, meet the eligibility criteria as set out in the relevant legislation. If the tenant is deemed eligible under the scheme, he or she may fund the purchase of a house from one, or a combination of, own resources or a mortgage provided by a financial institution or a local authority house purchase loan.

In line with the commitment in the Programme for a Partnership Government and reaffirmed in Rebuilding Ireland - Action Plan for Housing and Homelessness, I intend to undertake a review of the scheme in January 2017 following the first 12 months of operation and I will bring forward any changes to the terms and conditions of the scheme which are considered necessary based on the evidence gathered at that stage.

Housing Assistance Payments

Questions (558)

Thomas Pringle

Question:

558. Deputy Thomas Pringle asked the Minister for Housing, Planning, Community and Local Government the reason the housing assistance payment is not payable from the date of application rather than the date of approval, leading to significant financial burden on persons; and if he will make a statement on the matter. [24674/16]

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Written answers

The implementation of the Housing Assistance Payment ( HAP ) scheme is a key Government priority. The accelerated rollout of the scheme on a national basis is an important early action for completion in the Government’s Action Plan for Housing and Homelessness – Rebuilding Ireland. Local authorities and my Department are working closely together in order to ensure the successful implementation of the scheme. Limerick City and County Council is currently providing a highly effective transactional shared service on behalf of all HAP local authorities. This HAP Shared Service Centre (SSC) currently manages all HAP related rental transactions for the tenant, local authority and landlord. Once a HAP application has been received and confirmed as valid by the relevant local authority, it is then processed by the HAP SSC. Any rental payment arising for a given month will then be made to a landlord on the last Wednesday of that month. HAP rental payments are payable to the landlord from the date of confirmation of receipt of a valid and complete application form. If an applicant wishes to make an inquiry regarding an application they should contact their local authority directly.

Housing Estates

Questions (559)

Aindrias Moynihan

Question:

559. Deputy Aindrias Moynihan asked the Minister for Housing, Planning, Community and Local Government the number of unfinished housing estates in each county, with malfunctioning private sewerage treatment plants; and the number of affected houses in each county, in tabular form. [24676/16]

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Written answers

While the level of detail requested by the Deputy is not currently available, I have set out information below in relation both to the National Taking in Charge Initiative (NTICI) for residential estates and the most recent figures in relation to the number of unfinished housing estates.

The National Taking in Charge Initiative (NTICI) for residential estates, and the pilot scheme funding of €10m, were announced in April 2016. Its aim is to accelerate the taking-in-charge process of housing estates, including estates with developer-provided water services infrastructure. The initiative draws upon data gathered from each of the 31 local authorities and collated by my Department in December 2015. The data collected indicated that at that time, there were approximately 5,566 completed housing developments nationally which were not in the charge of local authorities. This was as a result of both high rates of estate development over the past decade or so, and the success in resolving around 2,000 formerly unfinished housing developments, many of which are now awaiting taking in charge.

The information collected suggests that of the 5,566 developments yet to be taken in charge, there are approximately 914 estates with developer-provided infrastructure (DPI) and work is continuing on finalising this figure. This infrastructure is mainly located within rural counties and the table below sets out the number of developments with DPIs per County and the number of associated housing units. It should be noted that not all of these are malfunctioning.

County

Number of dwellings built and to be TiC within the estate

No. of estates containing Developer Provided Infrastructure (DPI)

Carlow

1,078

27

Cavan

2,428

72

Clare

1,510

43

Cork Co

2,616

71

Donegal

5,375

282

Fingal

3,685

22

Galway Co

1,904

75

Kerry

374

19

Kildare

210

14

Kilkenny

1,590

38

Laois

239

4

Limerick

70

3

Longford

19

3

Louth

57

4

Meath

36

3

Monaghan

212

7

Roscommon

1,682

47

Sligo

296

11

Tipperary

1,568

54

Waterford

266

10

Westmeath

82

9

WEXFORD

1,490

90

Wicklow

343

6

TOTALS

27,130

914

Separately, the Unfinished Housing Developments survey, first carried out in 2010, is an annual survey conducted at a specific point in time of developments that have ‘unfinished’ housing units. Since 2010, the number of unfinished housing developments has decreased by approximately three-quarters, from nearly 3,000 in 2010 to 668 in 2015. The survey provides a breakdown of unfinished housing developments across local authority areas and, together with annual progress reports and other useful publications and information in relation to Unfinished Housing Developments, is available on the Housing Agency’s website at:http://www.housing.ie/Our-Services/Unfinished-Housing-Developments.aspx .

Arrangements to carry out the 2016 survey are well advanced.

Animal Welfare

Questions (560)

Clare Daly

Question:

560. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government further to Parliamentary Question No. 335 of 12 July 2016, if dogs seized on welfare rather than control grounds become the responsibility of the local authority. [24694/16]

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Written answers

The Control of Dogs Acts 1986 to 2010 place statutory responsibility for dog control on local authorities. The enforcement of welfare standards for all animals, including dogs seized under the Control of Dogs Acts, is a matter for the Minister for Agriculture, Food and the Marine under the Animal Health and Welfare Act 2013 and my Department has no direct role in this regard. Local authorities have the power to appoint dog wardens, provide dog shelters, seize dogs, impose on-the-spot fines and take court proceedings against owners. Some local authorities may enter into agreements with the Irish Society for the Prevention of Cruelty to Animals (ISPCA) or a person or organisation connected with animal welfare to provide these services. The rehoming policy in respect of dogs in local authority shelters for dogs seized, accepted or detained for the purposes of the Control of Dogs Acts 1986 to 2010 is a matter for each local authority and I have no function in the matter.

Question No. 561 answered with Question No. 557.

Local Authority Functions

Questions (562)

Fergus O'Dowd

Question:

562. Deputy Fergus O'Dowd asked the Minister for Housing, Planning, Community and Local Government his views on city status for the greater Drogheda area; and if he will make a statement on the matter. [24699/16]

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Written answers

Local government areas are specified in primary legislation. The Local Government Act 2001 (as amended) currently provides for 3 cities, Cork, Dublin and Galway, and for each of these to have a city council. If an additional city council were to be established in law, this would have significant implications for the county in which the area concerned is situated, particularly loss of functions of the relevant county council. Provision for this and in relation to other consequential matters would have to be made in the relevant legislation. I have no plans for legislation in this regard.

Nursing Homes Support Scheme

Questions (563)

Catherine Murphy

Question:

563. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government the communications he has had with the Department of Health in respect of increasing the provision of rental properties, with a view to allowing the release of properties for rent where the properties are held over in respect of capital to underpin fair deal investment in respect of particular persons; his plans to develop an innovative scheme that will allow these unoccupied properties to be rented to a third party whilst held over for fair deal; if he will establish a scheme where any income in respect of these properties can be subject to tax and fund the person's care whilst accommodating a family where a housing need or emergency exists; the barriers he has identified to the provision of such a scheme; and if he will make a statement on the matter. [24703/16]

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Written answers

I am informed by my colleague, the Minister for Health, that the Nursing Homes Support Scheme (NHSS) is a system of financial support for those in need of long-term nursing home care. Participants contribute to the cost of their care according to their means while the State pays the balance of the cost. Participants in the Scheme contribute up to 80% of their assessable income and a maximum of 7.5% per annum of the value of assets held. In the case of a couple, the applicant’s means are assessed as 50% of the couple’s combined income and assets. The first €36,000 of an individual’s assets, or €72,000 in the case of a couple, is not counted at all in the financial assessment. The capital value of an individual’s principal private residence is only included in the financial assessment for the first three years of their time in care.

There is no prohibition on an NHSS participant renting out their home if they wish. Rental income is included in the overall calculation of the applicant’s contribution towards the cost of care. In addition, certain allowable deductions can be netted off against a person's means prior to the calculation of their contribution to care. These include health expenses, income tax, social insurance contributions and levies required by law such as the Local Property Tax, and borrowings in respect of the principal private residence.

With regard to increasing the supply of properties in the rental market, Rebuilding Ireland - Action Plan for Housing and Homelessness has set out a practical and readily implementable set of actions to create a functioning and sustainable housing system. The Plan is available at the website www.rebuildingireland.ie.

The Plan is divided into five pillars, with each targeting a specific area of the housing system for attention.

Pillar 4 of the Plan, entitled Improve the Rental Sector, commits to developing a comprehensive strategy for the rental sector in Q4 2016. The strategy will be structured around 4 key areas: security, standards, supply and services. All issues that affect the availability of dwellings in the rental market will be considered during the development of the strategy; issues in that regard in relation to homes owned by individuals supported by the NHSS will be considered in that context.

In terms of supply, the Plan commits to the introduction of a new affordable rental scheme to enhance the capacity of the private rented sector to provide quality and affordable accommodation for households currently paying a disproportionate amount of disposable income on rent. The objective of this scheme will be to provide long-term affordable accommodation for low to moderate income key-worker households in urban areas of high demand and provide an economic incentive to increase supply of rental accommodation. The actions under Pillar 4 also include a commitment to examine standards, costs and feasibility of Build-to-Rent on a large scale, and commission research on ways in which further investment might be encouraged.

The overarching objective of the rental strategy will be to increase supply and support the development of a stable, strong and viable rental sector offering true choice for households, investment opportunities for providers and reflecting the rights and responsibilities of tenants and landlords.

Pyrite Remediation Programme

Questions (564, 618)

Clare Daly

Question:

564. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government if he will amend the pyrite remediation scheme to reflect the present situation for homeowners trying to source rented accommodation during the remediation works where those in larger families moving from a four bedroom home, for example, are going to have to pay more than a single person moving from a one bedroom and that the allowance should be increased for larger families accordingly. [24706/16]

View answer

Clare Daly

Question:

618. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government his plans to revise the pyrite remediation scheme to increase the amount of accommodation costs covered in view of the spiralling of rental prices since the inception of the scheme (details supplied). [25663/16]

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Written answers

I propose to take Questions Nos. 564 and 618 together.

The Pyrite Resolution Act 2013 provides the statutory framework for the Pyrite Remediation Scheme and while the Act provides that the scheme can be amended, replaced or revoked, this can only be done in accordance with the scope of the Act. In this regard, any proposal to revise the pyrite remediation scheme is ultimately a matter for the Pyrite Resolution Board and would require detailed consideration of the evidence to support the case for an amendment to the scheme.

The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. In addition, applicants under the scheme must be able to demonstrate to the Pyrite Resolution Board that they have no practicable options, other than under the scheme, to secure the remediation of their homes.

The scheme provides for the recoupment of the vouched cost of alternative accommodation, furniture removal and storage subject to limits of €3,000 and €2,500 (inclusive of VAT) respectively. However, where a scheme participant can satisfy the Housing Agency, who will be making the payments, in advance that suitable rental accommodation cannot be obtained for €3,000 or less the expenses for the accommodation and furniture removal can be combined, subject to the overall limit of €5,500. In addition, earlier payment in part or in whole may be made where a scheme participant can demonstrate to the satisfaction of the Housing Agency that payment of these costs on completion of the works would cause financial hardship.

My Department is in regular contact with the Pyrite Resolution Board and the Housing Agency with regard to the implementation of the scheme and is satisfied that the arrangements that are currently in place provide the necessary flexibility to enable scheme participants to meet their alternative accommodation needs while their homes are under remediation.

Mortgage to Rent Scheme

Questions (565)

Niall Collins

Question:

565. Deputy Niall Collins asked the Minister for Housing, Planning, Community and Local Government the reason mortgage lenders are not obligated to offer the mortgage to rent scheme to distressed borrowers who are facing home repossession (details supplied); and if he will make a statement on the matter. [24710/16]

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Written answers

The Mortgage to Rent (MTR) scheme is a targeted intervention for households with unsustainable long-term arrears who require the greatest amount of support to meet their long-term housing needs. The MTR has been refined since its introduction in 2013 to widen the criteria to allow for broader eligibility and more streamlined administration. Despite this, the rate of uptake and progress on the scheme remains low. The reasons for this are varied and can depend on the lender, the property, the household and the ability of the Approved Housing Body (AHB) sector to increase their involvement in the scheme. To date 164 households have completed the MTR process and a further 675 cases are currently at various stages.

Rebuilding Ireland: An Action Plan for Housing and Homelessness includes a commitment to review the MTR scheme to assess how it can assist more households in mortgage distress. My Department will work together with the other key agents involved with the scheme, including lending institutions, and identify what further improvements or variations can be made to facilitate more households accessing the scheme. This examination will include alternative financing and contractual arrangements to encourage greater support from AHBs, greater flexibility from lending institutions in supporting MTR as an attractive option for distressed borrowers, and the feasibility of an alternative model from the purchase of these units, including the potential for a long-term lease arrangement between local authorities and financial institutions.

As outlined in the Action Plan, the Government is committed to building on recent reforms and creating a framework that removes fear and bring predictability to a difficult process for those in mortgage arrears. Through a range of actions, Government Departments and agencies will work together to find ways to encourage those who have not been able to engage, to reach a suitable long term debt resolution, and avoid repossession if possible. A new national Mortgage Arrears Resolution Service will become available which will standardise supports available to borrowers in mortgage arrears, with powers and resources needed to advise, assess, negotiate and recommend solutions. In addition, the Government will work with the Central Bank to ensure that the Code of Conduct on Mortgage Arrears provides a strong consumer protection framework for borrowers struggling with their mortgage repayments. This will include an assessment, to be conducted by the Central Bank, of existing sustainable restructuring solutions across all lenders and non-bank entities operating in Ireland to ensure that there are adequate sustainable restructuring solutions available to distressed borrowers.

Wind Energy Guidelines

Questions (566)

Thomas Pringle

Question:

566. Deputy Thomas Pringle asked the Minister for Housing, Planning, Community and Local Government if, in view of the publication of the revised wind energy guidelines in 2016, he will outline the international best practice standards that are referenced in the publication considering that ten years have passed since wind energy development guidelines were published in 2006; and if he will make a statement on the matter. [24711/16]

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Written answers

In December 2013, my Department published proposed draft revisions to the noise, setback distance and shadow flicker aspects of the 2006 Wind Energy Development Guidelines. These draft revisions proposed: - the setting of a more stringent day- and night-time noise limit of 40 decibels for future wind energy developments,

- a mandatory minimum setback distance of 500 metres between a wind turbine and the nearest dwelling for amenity considerations, and

- the complete elimination of shadow flicker between wind turbines and neighbouring dwellings.

As part of the review, Marshall Day Acoustics were commissioned during 2013 to carry out research relating to wind turbine noise, including an examination of current EU and international practice. This research was an important input into the proposed draft revisions to the Guidelines.

A public consultation process was also initiated on these proposed draft revisions to the 2006 Wind Energy Development Guidelines, which ran until 21 February 2014. My Department received submissions from over 7,500 organisations and members of the public during this public consultation process.

As outlined in the Programme for a Partnership Government, this Government is committed to finalising the revisions to the 2006 Wind Energy Development Guidelines within the first 6 months of Government. The revisions to the Guidelines will be informed by the public consultation process and by best international practice. My Department will continue to advance work on the Guidelines, in conjunction with the Department of Communications, Climate Action and Environment.

The revisions to the 2006 Wind Energy Development Guidelines, when finalised, will be issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála are required to have regard to such guidelines, issued under Section 28, in the performance of their functions under the Planning Acts.

Rental Accommodation Scheme

Questions (567)

Dessie Ellis

Question:

567. Deputy Dessie Ellis asked the Minister for Housing, Planning, Community and Local Government if pre-2011 RAS tenants can be precluded from consideration for social housing where household income has changed. [24717/16]

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Written answers

The Housing Miscellaneous Provisions Act 2009 gives legislative recognition to rental accommodation availability agreements as a form of social housing support. Consequently, since 1 April 2011, RAS tenants are now considered to be in receipt of social housing support and should not generally remain on housing waiting lists for new applicants for social housing. In recognition that RAS tenants may have had reasonable expectations in regard to retaining access to traditional local authority rented accommodation, guidance issued by the Housing Agency in 2011 recommended that there should be a special transfer pathway for pre - 2011 RAS tenants to other forms of social housing support. The arrangement effectively allows these households to be designated as a ‘transfer’ applicant and to maintain their position for allocation as they had on the main waiting list.

My Department has recently issued guidance to all local authorities on the treatment of pre - 2011 RAS tenants in the context of the 2016 Summary of Social Housing Assessments. This guidance notifies authorities that there is no need to review the qualification of such households, including on income grounds, as they are already in receipt of social housing support.

Pyrite Remediation Programme

Questions (568)

Alan Farrell

Question:

568. Deputy Alan Farrell asked the Minister for Housing, Planning, Community and Local Government the progress of the Pyrite Remediation Scheme; the number of applications received to date, by category; the number of homes approved for remediation; his projections on the number of homes to be remediated to by the end of 2016 and in 2017; the number of homes in which the process has taken place by local authority, in tabular form; and if he will make a statement on the matter. [24718/16]

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Written answers

The latest figures available from the Pyrite Resolution Board indicate that approximately 1,315 applications have been received under the pyrite remediation scheme, of which 985 have been approved for inclusion in the scheme as follows:

- 286 are at remedial works planning stage,

- 209 are at tender/tender analysis,

- 2 are at tender decision,

- 87 are under remediation, and

- 401 are complete.

It is anticipated that approximately 580 dwellings will be remediated by end 201 6 with a further 400 dwellings projected for remediation in 2017.

Ultimately, the Board, together with the Housing Agency, will arrange for all eligible dwellings to be remediated to a high standard and at no additional cost to the affected homeowners. Remediation works will continue to be carried out at the earliest possible opportunity having regard to the existing demands of the scheme and the optimum use of available resources.

Departmental Expenditure

Questions (569)

Dara Calleary

Question:

569. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government the number of credit cards issued to Ministers and officials working in his Department; the amount spent on credit cards by his Department in 2014 and in 2015; the amount of bank interest paid on credit cards in 2014 and 2015; the controls in place to monitor the issuing of and the expenditure on these cards; the controls in place in each agency to monitor expenditure on personally held credit card bills that are subsequently used to recoup work related expenses; if these controls are being reviewed in view of recent events in agencies funded by the HSE; and if he will make a statement on the matter. [24741/16]

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Written answers

My Department has, currently, issued credit cards to the three office holders listed below:

Credit card holder

Private Secretary to the Minister;

Principal Officer, ICT Section; and

Head of Administration and Training Division, Met Éireann.

The amount spent on credit cards by my Department in 2014 and in 2015 and the amount of bank interest paid on credit cards in 2014 and 2015 is set out below:

Year

Credit Card Expenditure

Interest Paid on Credit Cards

2014

€29,638.49

€0.00

2015

€46,446.05

€0.00

Departmental credit cards are issued for authorised official use only in circumstances where a strong business case has been established. Cards are withdrawn when the business case no longer exists and transferred into the name of the incoming officer, as appropriate, when there is a reassignment of duties.

Credit cards are issued to private secretaries to facilitate payment for goods or services which would prove more difficult under normal invoicing arrangements, such as reserving hotel accommodation abroad. In the cases of Met Éireann and ICT, the credit cards are used to facilitate the purchase of ICT hardware and software licences and for the renewal of subscriptions to work-related publications.

In order to ensure there are adequate controls in place my Department has developed a credit card policy which is summarised as follows:

1. The issue of Departmental credit cards is subject to approval by my Department’s HR and Accommodation Section. Once approved my Department’s Accounts Section processes the required documentation and, on receipt of the card from the bank forwards it to the applicant.

2. No person may approve the issue of, or increase the limit of, their own card or the card of a person to whom they report, nor may they approve access to a permanent cash advance facility for themselves or a person to whom they report. No cardholder may authorise the approval of their own expenses.

3. Cardholders are responsible for the safe custody of cards and the security of card information, and are trusted to spend Departmental funds prudently. Loss or theft of the card should be reported immediately to both the bank and the appropriate Officer in my Department’s Accounts Section. Cardholders are required keep a record of the bank telephone number to which they should report lost or stolen cards. This would be especially useful where the card is lost or stolen abroad.

4. Cardholders must retain supporting documentation for all expenses incurred on their card. Once the credit card bills are received by my Department’s Accounts Section, they are sent to the relevant cardholders together with the requisite form to be completed by them. Each cardholder must complete and sign the form prior to forwarding to the Accounts Section for payment.

5. Credit cards may only be used for transactions associated with the administrative and official activities of the Department. Misuse of a Departmental credit card in breach of this policy may result in the cancellation or withdrawal of the card. Misuse includes:

a) Using the card for a private transaction such as a personal purchase or purchases for the sole benefit of the cardholder.

b) Assigning or transferring the card to another person.

c) Using the card after the cardholder's employment or relationship has been suspended or terminated.

d) Using a Departmental credit card when not the cardholder named on the card and without the named cardholder's specific authority.

e) Using the card for a transaction in excess of budget or for which there are insufficient funds.

6. Cardholders must return their Departmental credit card permanently when: a) they leave their employment or engagement of the Department, or

b) they no longer require use of the card as part of their Departmental duties.

7. Cardholders must return their Departmental credit card temporarily for safekeeping to my Department’s Accounts Section when they take periods of extended leave from their Departmental activities.

8. Departmental credit cards may be withdrawn or cancelled by either my Department’s HR and Accommodation or Accounts Sections.

These controls are considered adequate and their robustness is demonstrated in the segregation of functions in the approval and payment process where the input of two business units within my Department is required in the issuing of a card and the making of a payment and is further strengthened as either business unit can independently withdraw or cancel a card where appropriate.

Departmental Expenditure

Questions (570, 571)

Dara Calleary

Question:

570. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government the number of credit cards issued to staff working in each State agency funded by his Department, in tabular form; the number of cards per funded agency; the amount spent by credit card in 2014 and 2015 by each agency; the amount of bank interest paid on credit cards in 2014 and 2015; the controls in place to monitor the issuing of and the expenditure on these cards; the controls in place in each agency to monitor expenditure on personally held credit card bills that are subsequently used to recoup work related expenses; if these controls are being reviewed in view of recent events in agencies funded by the HSE; and if he will make a statement on the matter. [24756/16]

View answer

Dara Calleary

Question:

571. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government the number of credit cards issued to staff working in any third party agency funded by his Department, in tabular form; the number of cards per funded agency; the amount spent by credit card in 2014 and 2015 by each agency; the controls in place to monitor the issuing of and the expenditure on these cards; the controls in place in each agency to monitor expenditure on credit card bills that are subsequently used to recoup work related expense; if these controls are being reviewed in view of recent events in agencies funded by the HSE; and if he will make a statement on the matter. [24771/16]

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Written answers

I propose to take Questions Nos. 570 and 571 together.

Operational matters in relation to state agencies and third party organisations, including policies around the use of credit cards, are a matter for the organisations concerned. As with all expenditure, state bodies must comply with the relevant requirements of the Public Spending Code which is available at http://publicspendingcode.per.gov.ie/ and the Code of Practice for the Governance of State Bodies. Third party agencies in receipt of funding from my Department are governed by a range of provisions and controls associated with such funding, including the requirement that funds are used in accordance with the relevant framework agreements which address financial matters and also the requirement to prepare and seek approval for audited financial statements in accordance with all relevant Government Circulars.

Fire Safety

Questions (572)

Louise O'Reilly

Question:

572. Deputy Louise O'Reilly asked the Minister for Housing, Planning, Community and Local Government his responsibilities with regard to ensuring that fire safety certificates are issued and up to date; if a fire safety certificate has been issued for a building (details supplied); and if he will make a statement on the matter. [24781/16]

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Written answers

Neither I nor my Department has any role in relation to the issuing of Fire Safety Certificates. The issue of such certificates is a matter for the relevant building control authority, which in this case is Fingal County Council. The legal position in relation to Fire Safety Certificates is set out in the Building Control Act 1990, as amended by Part 2 of the Building Control Act 2007, and in regulations made thereunder. A Fire Safety Certificate is generally required before construction work is commenced in the case of a new apartment block, a new building other than a dwelling or an existing building other than a dwelling undergoing an extension, a material alteration or a material change of use. The Fire Safety Certificate is issued by the relevant building control authority and certifies that the building, if constructed in accordance with the plans and documentation submitted, will comply with the requirements of Part B (Fire Safety) of the Building Regulations.

Section 5 of the Building Control Act 1990, as amended, also provides for a prohibition on the opening, occupation or use of a building which has not been granted, among other things, a Fire Safety Certificate, where such a certificate is required. In this regard, article 43 of the Building Control(Amendment) Regulations 2009 declares that the opening, operation or occupation of a new or existing building prior to the grant of a Fire Safety Certificate, where required, or prior to the determination by An Bord Pleanála of an appeal on the matter, is an offence to which section 17(2) of the Act applies, meaning that the offence, if successfully prosecuted in court, may result, on summary conviction, in a fine not exceeding €800 and/or imprisonment for a term not exceeding six months or, on conviction on indictment, in a fine not exceeding €10,000 and/or imprisonment for a term not exceeding two years.

Local Authority Functions

Questions (573)

Niamh Smyth

Question:

573. Deputy Niamh Smyth asked the Minister for Housing, Planning, Community and Local Government if he will explain the role of a community warden; the way county councils can avail of this position; if he will provide a breakdown of the counties which have a community warden in place, in tabular form; and if he will make a statement on the matter. [24782/16]

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Written answers

Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. It is therefore, a matter for each individual Chief Executive to apply for sanction from my Department and, once approved, to recruit and assign staff to specific divisions within their organisation. My Department does not have any information on which authorities employ Community Wardens nor does it have any sanction requests on hand for Community Wardens.

Question No. 574 answered with Question No. 557.
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