Written Answers Nos. 501-519
501. Deputy David Cullinane asked the Minister for Housing, Planning, Community and Local Government the details of the process underpinning the Kilkenny Waterford county boundary review; if any such changes proposed by the review are approved by Dáil Éireann or by ministerial order; and if he will make a statement on the matter. [1261/17]
View answerIn June 2015, an independent statutory Committee was appointed to carry out a review of local government boundaries in Athlone, Carlow, Drogheda and Waterford. In each case, the committee was asked to carry out a review of the boundary between the respective local authorities and to make recommendations with respect to those boundaries and any consequential matters that they consider necessary in the interests of effective local government.
The report in relation to Waterford was submitted to me in late December and I will be considering it carefully along with the other boundary reports. I intend to address them as part of the overall report on local government matters which I will be submitting to Government and the Oireachtas in mid-2017 under the Programme for a Partnership Government. Any alteration of a local authority boundary would require Oireachtas approval of the relevant Ministerial order.
502. Deputy Michael McGrath asked the Minister for Housing, Planning, Community and Local Government in the context of the recent introduction of rent pressure zones for residential properties, the position regarding cases in which a landlord issued the required statutory notice of rent increase to a tenant prior to the new provisions limiting an increase to 4% coming into effect in respect of a tenancy where a review fell due and whereby the increase was not due to come into effect until early 2017; if such an increase is permissible; and if he will make a statement on the matter. [1306/17]
View answerThe Strategy for the Rental Sector, published on 13 December 2016, outlined the Government's proposals for Rent Predictability, whereby an order can be made to moderate the rise in rents in areas of the country where rents are highest and rising, and where households have greatest difficulties in finding affordable accommodation. In these areas, called Rent Pressure Zones, rents will only be permitted to rise by a maximum of 4% annually. This measure has been introduced with immediate effect in Dublin and Cork with the enactment of the Planning and Development (Housing) and Residential Tenancies Act 2016, which was signed by the President on 23 December 2016.
If a valid notice of new rent was served on a tenant on or before 23 December 2016, or a rent review had commenced before this date, then the new provisions regarding rent pressure zones do not apply. However, the rent certainty provisions introduced in 2015, which require a minimum period of two years between rent reviews, remain in force for the first rent review carried out after the designation of a rent pressure zone. Therefore, a rent review may not be commenced and a valid notice of new rent may not be served until that minimum period has expired. Subsequent rent reviews in a rent pressure zone may take place annually.
The existing requirement that the rent set is not above the local market rents for similar properties still applies and the landlord must also provide three examples of rents for similar properties in the locality to demonstrate this.
Where there is a dispute regarding the appropriate period of notice to be given in a notice of new rent or the validity of a notice of new rent, the dispute may be referred to the Residential Tenancies Board (RTB) for resolution.
503. Deputy Brian Stanley asked the Minister for Housing, Planning, Community and Local Government if he will prioritise the establishment of a planning aid service such as that in place in the UK since 2004. [1308/17]
View answerI have no proposals to establish a service along the lines of the planning aid service in the UK. This is a free service, independent of central and local government, whereby qualified planners offer professional advice on planning matters to local communities and individuals on a voluntary basis.
504. Deputy Noel Rock asked the Minister for Housing, Planning, Community and Local Government the number of local authorities that provide window repair and replacement as part of the housing aid for older people scheme; and if he will make a statement on the matter. [1312/17]
View answerAll local authorities are in a position to fund window repairs and replacements where necessary under the Housing Aid for Older People grants scheme.
The detailed administration of these grants, including the assessment, approval and prioritisation of grants to applicants under the various measures, is the responsibility of the local authorities. In this regard, local authorities prioritise applications on the basis of the medical needs of the applicant and on the urgency and necessity of the identified works.
505. Deputy Martin Heydon asked the Minister for Housing, Planning, Community and Local Government if he will consider changing the application of motor tax from the first of the month to the precise date of purchase, to facilitate those who purchase vehicles in the middle of the month, in order that they are not liable for tax from the first of the month when they did not own the car; and if he will make a statement on the matter. [1352/17]
View answerMotor tax is payable annually, half-yearly or quarterly on the basis of whole calendar months.
Changing the commencement date of motor tax from the first of the month to a system where a vehicle is taxed based on the date of registration or date of change of ownership, effectively an individual date for every vehicle in the fleet, would require both legislative changes and significant technical adjustments to the National Vehicle and Driver File. The legislative changes would have to be applied not only to applications for motor tax, but also to the provisions relating to declarations of non-use, which currently are also made in calendar months.
In terms of the technical adjustments to the National Vehicle and Driver File, as well as adjustments to provide for motor tax to commence on dates other than the first of the month, there would have to be significant changes to the print runs for renewal notices for motor tax. These are currently issued as a single print run at the beginning of the calendar month of the last month of motor tax to allow motorists to tax their vehicles up to a month in advance of the expiry date of motor tax. Some 200,000 paper notices are issued in a single print run each month, along with 2,000,000 electronic notices. Individualised motor tax commencements would require continuous print runs in order to ensure that motorists are given equal time to tax their vehicles ahead of the individualised expiry time for motor tax; such an approach would be considerably less efficient than the current system. Furthermore, significant technical adjustments to stakeholder interfaces, such as with the Road Safety Authority and An Garda Síochána, would also be required.
On the basis of the significant additional costs that would be likely to accrue, I have no plans to move a way from the current system of issuing tax discs on the basis of calendar months.
506. Deputy Jack Chambers asked the Minister for Housing, Planning, Community and Local Government the planned changes to the system of awarding different coloured certificates to homes inspected for pyrite; and if he will make a statement on the matter. [1382/17]
View answerThe Report of the Pyrite Panel (June 2012) 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 independent Pyrite Panel was clear in its view that only dwellings with significant damage due to pyritic heave (i.e. red category) 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 material (i.e. amber category) should be monitored and only remediated if they display significant damage due to pyritic heave. This remains the position with regard to dwellings, which do not display significant pyritic damage.
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 late January 2013, and provides the means by which dwellings, which may be affected by pyrite can be tested and categorised. In broad terms, the national 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 second step involves the sampling and testing of the sub-floor hardcore material and is informed by the assignment of the Damage Condition Rating under the Building Condition Assessment process. At the conclusion of this two-step process, buildings may be categorised under I.S. 398-1:2013 into four categories which are broadly consistent with the traffic light system that was used by the Pyrite Panel as a means of prioritising pyrite remediation works.
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 full conditions for eligibility under the scheme are set out in the scheme, which is available on the Board's website (www.pyriteboard.ie).
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. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. There are no proposals to amend eligibility criteria.
In late 2015, the National Standards Authority of Ireland commenced a review of I.S. 398-1:2013 in the light of practical experience since the standard was first introduced in January 2013. The standard is being updated and revised to reflect the on-site experiences and evidence gathered by technical experts, such as engineers, geologists, professionals providing sampling and testing services and other technical experts, who have been using the standard over the past four years. A public consultation was announced on the revision of I.S. 398-1:2013, which closed on 17 December 2016. My Department understands that it is anticipated that the revised standard will be published later this year.
507. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning, Community and Local Government if he will establish unused properties registers across all local authorities (details supplied). [1393/17]
View answerPillar 5 of the Government's Action Plan for Housing and Homelessness – Rebuilding Ireland is specifically focussed on Utilising Existing Housing Stock with a key objective of ensuring that the existing vacant housing stock throughout the country and across all forms of tenure, in both the public and private sectors, is used to the optimum degree possible. In this regard, action 5.1 of Rebuilding Ireland commits to developing a National Vacant Housing Re-Use Strategy by the first quarter of 2017, informed by Census 2016 data, to
- inform the compilation of a register of vacant units across the country,
- identify the number, location and reasons for longer-term vacancies (i.e. over 6 months) in high demand areas, and
- set out a range of actions to bring vacant units back into reuse.
To this end, the Housing Agency, which has lead responsibility for co-ordinating the development of the Strategy, has established a working group, comprising senior representatives from my Department, local authorities and from the Housing Agency itself to inform the Strategy. The Working Group has met five times to date.
As indicated, it is intended to facilitate the development of a national database of vacant houses under the auspices of the National Vacant Housing Re-use Strategy. The database will aim to include –
- the number of vacant homes in each local authority area,
- the addresses of the vacant homes,
- the length of vacancy in each case, and
- the reason(s) for vacancy.
Work is progressing on identifying possible sources of data and information to assist in the most efficient means of compiling such a database.
509. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of project approvals under the capital assistance scheme in each local authority, in tabular form; the number of units in each development; the date of project approval and funding approved; and if each project is being run by a local authority or an approved housing body, AHB. [1447/17]
View answerInformation on the majority of approved social housing capital projects, including the number of units in each development and the funding approved, is available on my Department's website at the following links: http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,41340,en.htm
http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,42225,en.htm
http://www.environ.ie/housing/social-housing/ministers-kelly-coffey-announce-further-1000-social-housing-units.
This information includes approvals under the Capital Assistance Scheme.
As is standard with the Capital Assistance Scheme, all projects are implemented by approved housing bodies with the approval of the relevant local authorities.
Since February 2016, a further €28 million has been approved towards the provision of some 180 additional new housing units under the Capital Assistance Scheme, of which €20 million, for the provision of some 130 units, has been approved since I took office in May 2016. Details of these additional Capital Assistance Scheme projects will be placed on my Department's website shortly.
510. Deputy Pat Buckley asked the Minister for Housing, Planning, Community and Local Government the number of repossessed shared ownership houses, including details of any which have been sold by local authorities since 2013 on a county by county basis and the moneys recouped by these sales, in tabular form. [1476/17]
View answerInformation in relation to local authority repossessions is available on my Department's website at the following link: http://www.housing.gov.ie/housing/statistics/house-prices-loans-and-profile-borrowers/local-authority-loan-activity
under the heading “Local authority repossessions”. This data is not broken down by loan type.
My Department provides capital funding to support local authorities in transferring into permanent social housing stock, house/apartments that were financed using a local authority home loan and which are now either repossessed, voluntarily surrendered or abandoned. It is a matter for local authorities to validate the suitability of these units for social housing in terms of unit type, location and meeting local need. Where the local authority determines any of these units as being not suitable for social housing, the local authority may offer these units for sale on the open market. My Department does not currently hold information on the units that fall into this category.
My Department, together with the Housing Agency, the Housing Finance Agency and local authorities, has considered the affordability issues facing some borrowers who purchased properties under the Shared Ownership (SO) schemes and devised a more affordable long-term path towards full home ownership. Indeed, a range of measures have already been taken to reduce the monthly repayments of these borrowers. Details on these measures are available to borrowers from their local authority.
Overall, local authority borrowers are encouraged to engage with their local authority at the earliest opportunity if they are having difficulty making the repayments on their Shared Ownership arrangement. Information in relation to local authority mortgage arrears, the local authority mortgage arrears resolution process (MARP) and the help available to borrowers is also available on my Department's website at the following link:
http://www.housing.gov.ie/housing/home-ownership/mortgage-arrears/local-authority-mortgage-arrears-help-available
511. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government if he will direct Wicklow County Council to adhere to EU law on public procurement which supersedes the Control of Dogs Act 1986 and requires that a public tender must be held when their contract with the ISPCA to run the pound expires in February 2017. [1499/17]
View answer513. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government his role in ensuring that all dog control service and pounds follow appropriate procurement procedure to obtain maximum value for public money. [1501/17]
View answerI propose to take Questions Nos. 511 and 513 together.
Under the Control of Dogs Acts, local authorities have responsibility for operating and managing dog control and licensing services in their administrative areas, including the management of dog pounds or shelters and my Department has no involvement in this process.
In this regard, section 15(2) of the Control of Dogs Act 1986 empowers local authorities to enter into arrangements with any person for the provision and maintenance of dog pounds or shelters and for the exercise by any such persons of the functions of the local authority under the Act in respect of the acceptance, detention, disposal and destruction of stray or unwanted dogs.
Furthermore, section 15(3) of the 1986 Act empowers local authorities to enter into arrangements with any other local authority, or with the Irish Society for the Prevention of Cruelty to Animals (ISPCA), or with a person connected with animal welfare, for the exercise of all or any of its functions, other than its functions under section 17 or section 30 of this Act.
The procurement of any service in that regard, therefore, is a matter for each local authority, and the management and operation of such pounds or shelters are matters solely for the relevant local authority and one in which my Department has no role.
512. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government the competent national authority to report when public procurement procedure is not being followed by a local authority. [1500/17]
View answerThe Chief Executive of each local authority is responsible for managing and controlling the administration and business of the authority; this includes matters relating to procurement. I understand that all local authorities have a designated official who plays a key role in delivering strategic procurement objectives including ensuring that the local authority complies with Procurement Directives, Legislation, Circulars and other legal requirements. The Local Government Strategic Procurement Centre, which is part of the Local Government Programme Management Office, has put in place a programme of training and education to ensure that Procurement Officers are up to date in relation to procurement rules and trends in procurement. In addition, a full list of all procurement frameworks is circulated to each local authority, to internal auditors and to the Local Government Audit Service.
The Local Government Audit Service is statutorily responsible for providing a professional audit service to local authorities. Section 116 of the Local Government Act 2001 provides that local government auditors shall be independent in the exercise of their functions. Where deficiencies regarding procurement practices are identified during the course of an audit, the auditor will include such detail in the audit report. In most cases where a deficiency is identified, the Chief Executive of the local authority will advise of steps that have been taken to address the identified deficiencies and this will be included in the audit report.
The audit reports of individual local authorities may be found on my Department's website at the following link:
In addition, an overview of these individual audits is published annually by the Local Government Audit Service. Page 24 of the overview for 2014 sets out a summary of the findings on procurement related matters. This publication is available on my Department’s website at the following link:
http://www.housing.gov.ie/search/category/local-government-audit-service
http://www.housing.gov.ie/search/category/local-government-audit-service
Responsibility for public sector procurement matters rests with my colleague, the Minister for Public Expenditure and Reform.
514. Deputy Anne Rabbitte asked the Minister for Housing, Planning, Community and Local Government his views on correspondence (details supplied) regarding the Protected Disclosures Act 2014; and if he will make a statement on the matter. [1505/17]
View answerThe correspondence referred to by the Deputy is in reply to a submission I received under the Protected Disclosures Act 2014, which is being considered in my Department. A further reply will be issued in due course.
515. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the revenue from newly built dwellings sold for €400,000 which will go directly to government in taxes, levies and fees, including local and central government; if he will provide a sliding scale for dwellings from €300,000 to €600,000; the revenues that were collected from new builds sold in 2014, 2015 and 2016; his projections for 2017, 2018 and 2019 in terms of revenue to government both at local and central level; and if he will make a statement on the matter. [1520/17]
View answerI refer to the reply to Question No. 227 of 13 December 2016 which sets out the position in respect of development levies. The detailed information sought relating to development levies paid or payable in respect of houses at various price points is not available in my Department. The taxes element of the question is a matter for my colleague, the Minister for Finance.
516. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government when the Housing Agency will complete its exercise on their independent estimates on the cost of house construction; and if he will make a statement on the matter. [1521/17]
View answerThe cost review that the Deputy refers to is currently being undertaken by the Housing Agency and it is envisaged that it will be completed in the first half of 2017.
In parallel, a working group, chaired by my Department, has been established to undertake a detailed analysis of construction costs, in order to benchmark housing delivery input costs in Ireland with a view to identifying economies. This group is also scheduled to report in the first half of 2017.
517. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government if he will address concerns that local authorities are having to reject substantial numbers of properties offered to them by NAMA due to legal title or management issues or that the properties offered are below local authority compliance standards; and if he will make a statement on the matter. [1552/17]
View answerThe Housing Agency recently published data up to the end of December 2016, in relation to cumulative delivery of social housing by NAMA. This information and associated breakdowns is available on the website of the Housing Agency at the following link: https://www.housingagency.ie/our-services/housing-supply-services/nama.aspx
To date, NAMA has identified a total 6,944 units that could be potentially made available for social housing. The local authorities and the Housing Agency have been working systematically through these units with NAMA to determine if there is a social housing demand for the properties identified as potentially suitable for social housing.
1,770 of the units, having been initially identified by NAMA as potentially available for social housing prior to consultation with the relevant receiver or owners, were subsequently sold or let privately by the receiver and were therefore recorded as ' No longer available'. Demand was confirmed by local authorities for 2,751 of the available units and as at end 2016, 2,378 of these have been secured for social housing with the remaining units at various stages of progression.
According to the information available to my Department and Housing Agency, it does not appear to be the case that local authorities rejected properties offered to them by NAMA due to legal title or management issues or because the properties offered were below local authority compliance standards. In that context, the process is such that the Housing Agency contacts all the relevant local authorities to discuss the demand requirements and to co-ordinate the response to NAMA offers. Where a demand is identified by a local authority, this information is provided to NAMA and efforts are made to secure as many of the suitable properties as possible for social housing. It is only once demand is confirmed that more detailed information on the units is provided to either the local authority or to the Approved Housing Body (AHB). It should be noted that the vast majority of information relating to planning, title etc. would only have come to light during the due diligence process which followed.
It is the established process that property handed over by NAMA is fully remediated to full compliance with all construction and building standards, and in compliance with the conditions of planning and local authority regulations. Additionally, prior to hand-over, any issues relating to legal title or financial matters have been fully regularised. As a result, no local authority or AHB would be liable for costs relating to remediation works, or legal fees relating to title issues.
The majority of units that have been delivered through this programme had issues requiring resolution, e.g. many in unfinished housing developments. The variety of these issues have ranged from title issues, imperfect security, judgment mortgages, insolvent owner/developer, receivership appointments, non-compliance with planning or building regulations, insolvent management companies, non-compliance with Multi-Unit Development Act 2011 etc.
The Special Purpose Vehicle (NARPS), established by NAMA, to expedite the transfer of these units has resolved all of these issues for properties it has acquired to ensure that full and marketable title is held. For those properties that were directly sold to AHBs or local authorities, NAMA has also funded its debtor or Receiver to resolve these issues prior to sale, unless a substantial discount was accepted for the properties in lieu of resolution.
518. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government if he will consider reversing the abolition of town and borough councils; and if he will make a statement on the matter. [1553/17]
View answerThe decision to replace town authorities with a new model of municipal governance under the Local Government Reform Act 2014 was designed primarily to strengthen local government within counties and to address widely acknowledged and long-standing weaknesses and anomalies in the previous system, including divided administration between town and county authorities, for example, in relation to matters such as planning, rating and charges.
Municipal districts now cover the entire territory of each county, reflecting European norms, removing outdated boundaries and ending the anomaly of small towns having municipal status and dual representation, while some larger centres and rural areas lacked any sub-county governance. As well as creating a more rational and comprehensive structural arrangement, the new system enables more effective and community-focused decision making and implementation. Under the new arrangements, there is full integration of local authority resources across each county and elimination of duplication both in administrative and electoral terms.
In 2015, which was the first full year of the revised local government structures, a broadly based Advisory Group was convened to carry out a review of their operation, in conjunction with a Local Government Forum for engagement with the Association of Irish Local Government. Feedback from these deliberations and the results of surveys of local authority members and chief executives, indicate that the revised structures are generally operating well but will need more time to bed down fully. The results of this operational review will provide a key input to the consideration of issues in the preparation of a report for Government and the Oireachtas by mid-2017, pursuant to the Programme for a Partnership Government, on potential measures to boost local government leadership and accountability and to ensure that local government funding, structures and responsibilities strengthen local democracy, including the issue of town or borough council status.
Initial scoping work in relation to proposals to address the requirements in the Programme for a Partnership Government has been carried out and work is proceeding in my Department on the development of proposals for the purposes of the report to be submitted to Government and the Oireachtas. Decisions in relation to the issues to be addressed will be a matter for the Government and the Oireachtas, as appropriate, following consideration of the report.
519. Deputy Josepha Madigan asked the Minister for Housing, Planning, Community and Local Government the current regulations governing overcrowding in residential accommodation; the repercussions which apply for landlords that breach these regulations; if he will provide statistics relating to the enforcement of the regulations; if there are plans for further regulation of this area; and if he will make a statement on the matter. [1561/17]
View answerMinimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992.
These regulations specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply. With very limited exemptions, these regulations apply to local authority and voluntary housing units as well as private rented residential accommodation. All landlords have a legal obligation to ensure that their rented properties comply with these regulations.
Responsibility for enforcement of the regulations rests with the relevant local authority supported by a dedicated stream of funding provided from part of the proceeds of tenancy registration fees collected by the Residential Tenancies Board (RTB).
Following enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened legislative framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations. Fines for non-compliance with the regulations were also increased.
It is important to note that overcrowding and unfit houses are legislated for under Part IV of the Housing Act 1966. The Act defines overcrowding in terms of the numbers of persons sharing rooms and room size. Overcrowding may give rise to concerns in respect of fire safety, and may lead to enforcement action by fire authorities. Situations of overcrowding should be reported to the relevant local authority.
A report published by the National Oversight and Audit Commission (NOAC) last year indicated low rates of inspection by local authorities of private rental stock, with less than 10% of registered tenancies inspected each year. The Government's Strategy for the Rental Sector, published in December 2016, addresses the findings of this report and prioritises strengthening the inspection capacity of Local Authorities to increase the number and frequency of inspections of rental properties. Updated standards regulations will be introduced with effect from July 2017. Specific ring-fenced funding will be identified from 2018 onwards in order to increase the number of properties inspected, with annual targets for both inspection and compliance to be agreed with local authorities. The objective set in the Strategy is to increase inspection numbers incrementally each year with the aim of achieving a 25% annual inspection coverage rate by 2021.
