Dáil Éireann Debate, Thursday - 13 July 2017
32. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government if he will bring forward legislation to amend the exceptional circumstances clause in section 17 of the Pyrite Resolution Act 2013, in view of the fact that no properties have been remediated under this clause since the enactment of the legislation. [33380/17]
View answerThe 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 Resolution Board, with the support of the Housing Agency, is responsible for the implementation of the pyrite remediation scheme. 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 - 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. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. This ensures that, having regard to available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave.
Where a dwelling, otherwise not eligible for inclusion in the scheme, adjoins a dwelling already included in the scheme, such a dwelling may be considered in accordance with the exceptional circumstance provisions set out in section 17 of the Act. Section 17 provides that exceptional circumstances may apply where -
- failure to include a dwelling in the scheme may result in damage to that dwelling or damage to the dwelling being remediated under the scheme, or
- pyrite remediation work is causing or may cause damage to a dwelling.
The Housing Agency will consider if exceptional circumstances apply when the Remedial Works Plan is being drawn up; the Board will be informed of any recommendation for a decision in the matter. I have no proposals to amend section 17 of the Act.
With regard to the issue of properties with a Damage Condition Rating of 1, the Board is aware that 11 dwellings, which had a Damage Condition Rating of 1 when their building condition assessments were first completed, and which were refused under the scheme, have now progressed to a Damage Condition Rating of 2; these dwellings have now been included in the pyrite remediation scheme following the submission of new applications.
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.
