Written Answers Nos. 611-628
611. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government if the original developers are responsible for rectifying fire safety defects in a multi-unit development in cases in which there are multiple owners, including private owners' receivers in which the receivers are also the developers; and if he will make a statement on the matter. [39423/18]
View answerIn the first instance, primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. The purpose of the Building Regulations is to protect the health, safety and welfare of people in and around buildings. Part B of the Second Schedule to the Building Regulations deals with Fire Safety.
Building defects, including fire safety defects, are in general, matters for resolution between the contracting parties involved: the homeowner, management companies, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme. It is incumbent on the parties responsible for poor workmanship and/or the supply of defective materials to face up to their responsibilities and take appropriate action to provide remedies for the affected homeowners. Where problems cannot be resolved through dialogue or mediation it may be necessary to seek enforcement through the courts. In cases where the developer is in receivership, any defects should be brought to the attention of the receiver as soon as possible. Where homeowners are concerned that due to defects in their home there may be a risk to Health and Safety, advice should be sought from a competent professional.
In addition, when a building is constructed and occupied, statutory responsibility for safety is assigned by section 18(2) of the Fire Services Acts, 1981 & 2003, to the ‘person having control’ of the building. The person having control is required to take reasonable measures to guard against the outbreak of fire and to ensure the safety of persons in the event of fire. In multi-unit developments, the "person having control" is generally the Owner Management Company.
The provisions of the Multi-Unit Developments Act 2011, set out the means by which problems relating to the ownership and management of the common areas of both existing and new multi-unit developments can be addressed. The Act also aims to facilitate the fair and effective management of those bodies responsible for the management of such areas. The Multi-Unit Developments Act 2011 falls under the remit of my colleague the Minister for Justice and Equality.
612. Deputy Aindrias Moynihan asked the Minister for Housing, Planning and Local Government when he expects to publish the updated wind farm construction guidelines. [39604/18]
View answerMy Department is currently undertaking a focused review of the 2006 Wind Energy Development Guidelines. As part of the overall review, a strategic environmental assessment (SEA) is being undertaken on the revised Guidelines before they come into effect, in accordance with the requirements of EU Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, otherwise known as the SEA Directive.
SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which act as frameworks for development consent, prior to their final adoption, with public consultation as part of that process. Following a tendering process, my Department appointed SEA experts in December 2017 to assist in this regard. It is expected that a public consultation on the revised draft Guidelines, together with the comprehensive environmental report under the SEA process, will be commenced in the coming weeks, with the aim of issuing the finalised Guidelines, following detailed analysis and consideration of the submissions and views received during the consultation phase, in early 2019.
When finalised, the revised Guidelines will be issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities and, where applicable, An Bord Pleanála must have regard to guidelines issued under Section 28 in the performance of their functions generally under the Planning Acts. In the meantime, the current 2006 Wind Energy Development Guidelines remain in force.
613. Deputy Jackie Cahill asked the Minister for Housing, Planning and Local Government the reason the Valuation Office is seeking a revaluation for rates purposes in view of the fact that the property owners gave a comprehensive report as late as 2017 and in further view of the fact that the revaluation comes at a significant cost to the property owner to prepare the required documentation (details supplied); and if he will make a statement on the matter. [39936/18]
View answerWhile the Valuation Office came under the aegis of my Department on 1 January 2018, section 9(10) of the Valuation Act 2001 (as amended) provides that the Commissioner of Valuation is independent in the performance of his or her functions, and decisions with regard to the selection of rating authority areas for revaluation is his or her prerogative. The Commissioner has responsibility under the Valuation Acts 2001 to 2015 to maintain a valuation list, of all commercial properties in each Local Authority area, which is used to calculate the rates due from individual ratepayers.
The Valuation Office is currently engaged in a national revaluation programme, the immediate objective of which is to ensure that the first revaluation of all rating authority areas in over 150 years is conducted across the country, as soon as possible, and on a phased basis. This is a welcome and positive development on which considerable progress has been made in recent years.
The purpose of revaluation is to bring more equity, fairness and transparency into the local authority rating system and to distribute the commercial rates liability across businesses more equitably, based on modern business circumstances. Following revaluation there is a much closer and uniform relationship between contemporary rental values of property and the commercial rates liability of properties. In essence, the exercise aims to ensure that each ratepayer bears a fair share of the business rates burden relative to the modern rental value of the property that they occupy.
I am informed by the Valuation Office that the part of the National Revaluation Programme known as REVAL2019 commenced in October 2017 with the signing of Valuation Orders for Cavan, Fingal, Louth, Meath, Monaghan, Tipperary, Wexford and Wicklow rating authority areas. The new valuations for the eight areas undergoing revaluation will be published in 2019, and become effective for rates purposes from 2020 onwards. Revaluation 2019 will result in the revaluation of approximately 31,000 commercial and industrial properties. This includes the Fingal County Council rating authority area which is undergoing a second Revaluation.
One of the first steps of REVAL2019 was that a request for information, under Section 46 of the Valuation Act 2001 (as amended), was issued in October last year to each rateable property in each of the local authority rating areas being revalued. The information sought included details of occupation, whether the property was held leasehold or freehold, the nature of business being carried out in the property and the physical size of the property. The occupier of the property referred to in the Deputy’s question received such a request and provided the relevant information in January this year.
As part of the revaluation process, I am advised by the Valuation Office that it requests more detailed information in respect of certain types of business including fuel/oil depots. This is provided for in Section 45 of the Valuation Act 2001 (as amended). This information can include information on the company’s accounts certified by a suitably qualified individual such as an accountant.
The information requested by way of a Section 45 Notice is normally more trade related and commercially sensitive than that requested under Section 46. In this regard, a significant number of requests for information under Section 45 have issued in recent months, including to the occupier of the property referenced in the Deputy’s question. The occupier has been in contact with the Valuation Office to advise that the relevant information will be provided later this month.
Conducting a revaluation is an extensive, evidence-based statutory process principally governed by the procedures and timelines set out in the Valuation Acts 2001 to 2015 with the express objective of achieving both “Correctness” and “Equity & Uniformity” for ratepayers. The information provided by occupiers is highly significant in supporting this objective.
614. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government his plans to revise the mortgage-to-rent scheme income criteria to exclude overtime worked; and if he will make a statement on the matter. [40094/18]
View answerThe Mortgage to Rent (MTR) scheme introduced in 2012 is targeted at those households in mortgage arrears who are eligible for social housing support whose mortgage is unsustainable and who have very limited options, if any, to meet their long-term housing needs themselves. One of the main criteria underpinning the MTR scheme is that it is a social housing option and therefore is targeted at those borrowers in arrears who qualify for social housing support as prescribed by the Social Housing Assessment Regulations 2011.
It is a matter for individual housing authorities to assess a household's income for social housing support eligibility in accordance with the Social Housing Assessment Regulations 2011 which prescribe maximum net income limits for each housing authority, in different bands according to the area, with income being defined and assessed according to a standard Household Means Policy.
The income bands and the authority area assigned to each band are based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. As part of the broader social housing reform agenda, a review of income eligibility for social housing supports is underway. The Housing Agency is carrying out the detailed statistical work which will underpin this review on behalf of my Department. The review will obviously have regard to current initiatives being brought forward in terms of affordability and cost rental and will be completed when the impacts of these parallel initiatives have been considered.
615. Deputy Niall Collins asked the Minister for Housing, Planning and Local Government the communications, press and public relations budget allocated to his Department for 2018; the way in which it is being spent; if it is behind or ahead of profile; and if he will make a statement on the matter. [39375/18]
View answerPress and public relations functions are generally undertaken by the officials in my Department's Press Office. All press office costs are met from my Department's allocated Exchequer Vote. Details of any relevant expenditure by my Department are currently being collated insofar as is possible and will be forwarded to the Deputy in accordance with Standing Orders.
616. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government the number of rapid build units delivered in each of the years 2016, 2017 and to date in 2018; and if he will make a statement on the matter. [39441/18]
View answerMy Department is working closely with all local authorities in relation to increasing and accelerating the delivery of a range of social housing programmes and supports, including through the use of rapid build methodologies.
Under my Department’s Social Housing Capital programme, 208 Rapid Delivery homes were completed during 2016 and 2017. 22 of these were delivered in 2016, increasing substantially to 186 new social homes delivered in 2017.
79 new Rapid Delivery social housing homes have been delivered up to the end of Q2 this year, with a further 132 units across 6 schemes scheduled for completion before the end of the year. An additional 26 rapid build projects, set to yield a further 686 new social housing homes, are now being advanced.
Local authorities have been advised that rapid build approaches should increasingly become the norm in terms of delivering social housing projects and my Department will continue to engage with local authorities to this end.
617. Deputy Robert Troy asked the Minister for Housing, Planning and Local Government the status of proposed changes to the tenant purchase scheme; if a provision will be put in place in this scheme by which applicants who may not meet the criteria can be given the opportunity to make a once-off payment in full for the property; and if he will make a statement on the matter. [39462/18]
View answer621. Deputy Robert Troy asked the Minister for Housing, Planning and Local Government the changes he plans to make to the tenant purchase scheme; the timeframe for the introduction of these changes; his plans to introduce a measure by which tenants can purchase a property with a lump sum payment even if they do not meet the eligibility criteria currently in place; and if he will make a statement on the matter. [39473/18]
View answer628. Deputy Mattie McGrath asked the Minister for Housing, Planning and Local Government if he is in the process of completing a review of the tenant incremental purchase scheme for local authority housing; if he will consider expanding the criteria to include those who may be in receipt of social protection payments, especially old age pensioners and those who would be able to demonstrate their ability to purchase the property; and if he will make a statement on the matter. [39664/18]
View answerI propose to take Questions Nos. 617, 621 and 628 together.
The 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 and having been in receipt of social housing support for at least one year.
The minimum reckonable income for eligibility under the scheme is determined by the relevant local authority in accordance with the detailed provisions of the Ministerial Direction issued under Sections 24(3) and (4) of the 2014 Act. In the determination of the minimum reckonable income, local authorities 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 all tenants of the house, including adult children that are joint tenants, is included, as is the income of the spouse, civil partner or other partner / co-habitant of a tenant who lives in the house with them, thus ensuring the appropriate level of discount is applied to the purchase price.
The minimum income criterion was introduced in order to ensure the sustainability of the scheme. Applicants must demonstrate that they have an income that is long-term and sustainable in nature. This ensures 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.
In line with the commitment given in Rebuilding Ireland, a review of the first 12 months of the Scheme’s operation has been undertaken. The review has incorporated analysis of comprehensive data received from local authorities regarding the operation of the scheme during 2016 and a wide-ranging public consultation process which took place in 2017 and saw submissions received from individuals, elected representatives and organisations.
The review is now complete and a full report has been prepared setting out findings and recommendations. In finalising the report some further consultation was necessary and due consideration had to be given to possible implementation arrangements.
These matters are now almost completed and I expect to be in a position in the near future to publish the outcome of the review.
618. Deputy Brendan Howlin asked the Minister for Housing, Planning and Local Government the number of Part V houses that have been allocated in the past two years by county; the number of units that will be coming on stream over the next two years by county; and if he will make a statement on the matter. [39465/18]
View answerStatistical data in relation to Part V output published to end 2017 can be found on my Department’s website at https://www.housing.gov.ie/housing/statistics/affordable-housing/affordable-housing-and-part-v-statistics.
Additional Part V data relating to delivery to end Q2 2018 is available at the following link:
https://www.housing.gov.ie/sites/default/files/attachments/social_housing_output_overview_q2_2018.xlsx .
While my Department collects statistics on delivery of social housing by local authorities, allocations and tenanting are a matter for individual authorities and data is not held in relation to same.
Agreement on Part V arrangements are a matter for local authorities. The current options available to local authorities for Part V delivery are:
- the transfer of ownership of land, subject to the planning permission application, to a local authority for the provision of social housing remains the default option as is currently the case. The land option must be acceptable to the local authority, as well as the developer;
- the building and transfer of ownership to the local authority, or persons nominated, of completed social housing units on the site subject to the planning permission;
- the transfer of ownership to the local authority, or persons nominated, of completed social housing units on other land;
- the Part V obligation can now be fulfilled by developers through long term leasing of properties; and
- a combination of the options above.
Since 2015, the Part V condition must require that the agreement be entered into prior to the lodging of a commencement notice. This is a significant change, which should frontload the delivery of social housing units to the local authority. There is nothing to prevent local authorities acquiring further units in a development outside of Part V, subject to any relevant policies and the agreement of my Department to funding for such units.
With regard to future delivery of Part V homes, my Department formerly gathered statistical information on Part V agreements “in progress”, which can be found here: https://www.housing.gov.ie/sites/default/files/attachments/2fa5-pt-v-area-2014-2017_0.xlsx.
Many Part V agreements are, however, not fully actioned, as some planning permissions are not fully exercised. In addition, local authorities do not have control over the timing of Part V delivery on private developments and, therefore, this data could not be used as a reliable indicator of future delivery. However, it is estimated that, nationally, 590 Part V units will be delivered in 2018 and 1,100 in 2019.
619. Deputy Maurice Quinlivan asked the Minister for Housing, Planning and Local Government the number of vacant properties in Limerick city and county; and if he will make a statement on the matter. [39468/18]
View answerLimerick City and County Council is taking an area-based and collaborative approach to addressing vacancy and dereliction of private housing in towns and villages in the City and County. The primary focus of programmes initially is in areas of high housing demand, and with a secondary focus of town and village renewal, improving public realm and regeneration of the Historic core in Limerick City. Staff are carrying out surveys of their districts with reference to Census and GeoDirectory information, identifying residential properties which may be targeted under the Buy and Renew and Repair and Lease Schemes. These schemes have been advertised locally, and are being proactively promoted on the ground with staff linking with community groups, voluntary housing associations and encouraging citizen participation in identifying vacant properties. Information on vacant property is being collated and mapped, in order to generate a picture of real vacancy. Vacancy Officers provide advice and assistance and linkages to other colleagues in the Council utilising all mechanisms available to address vacancy and bring properties back into use.
Limerick City and County Council carried out a City Centre Health Check (in 5 City Centre Electoral Districts) during January 2018. This analysis indicates that the number of vacant commercial city centre properties was 943 (46% of the total commercial properties) and the number of vacant residential properties was 357 (representing 8% of the total residential properties in this area).
The Council is one of six local authorities that volunteered to participate in an ongoing vacancy pilot field survey, and has visually inspected areas within their administrative area which have been identified as being more likely to contain vacant dwellings based on the data sets available. Those dwellings identified by the Council as potentially vacant will be targeted with a view to identifying and engaging with the owners to advise them of the options available to them should they wish to bring their homes back into use.
All local authorities will continue to work on identifying recoverable residential homes as they have already been doing. This work may include carrying out desktop data drilling exercises (into CSO/GeoDirectory statistics), “boots on the ground” inspections and subsequent identification of / engagement with property owners, with the aim of reactivating the greatest number of recoverable dwellings into the liveable housing stock.
620. Deputy Maurice Quinlivan asked the Minister for Housing, Planning and Local Government the number of vacant or void local authority houses under the control of Limerick City and County Council; and if he will make a statement on the matter. [39469/18]
View answerMy Department does not keep data on the number of vacant or void local authority houses at any point in time. However, statistics in relation to social housing are compiled by the National Oversight and Audit Commission (NOAC) in its annual reports on Performance Indicators in Local Authorities. These statistics are set out by local authority and include the percentage of total local authority dwellings that were vacant, with the most recent report relating to 2017. This report is available on the NOAC website at the following link: http://noac.ie/wp-content/uploads/2018/09/NOAC-Performance-Indicators-Report-2017.pdf.
622. Deputy Micheál Martin asked the Minister for Housing, Planning and Local Government the cost of each seminar held on Project Ireland 2040 up to and including September 2018 by his Department; and if he will make a statement on the matter. [39586/18]
View answerAs part of the preparation of the National Planning Framework (NPF), published together with the National Development Plan as part of Project Ireland 2040 earlier this year, my Department hosted a number of stakeholder engagement events.
Public participation was a key element in developing the National Planning Framework since preparatory work began in late 2014 and to ensure the public was properly informed and engaged in the drafting of the framework. In addition, since the NPF was published, an information seminar on the Urban Regeneration and Development Fund, launched under Project Ireland 2040, was held in Portlaoise on Monday 9th July last.
The details of costs incurred to date by my Department in relation to the various seminars on the National Planning Framework/Project Ireland 2040 are as follows:
|
Year |
Event |
Cost |
|
2016 |
NPF initial stakeholder engagement seminars x 3 |
€7,860.64 |
|
2017 |
Public consultation launch events pre-draft NPF - Maynooth, Dublin, Athlone, Cork, Sligo, Dundalk, Ballymun, Waterford, Limerick, Derry, libraries workshops nationwide |
€32,248.97 |
|
2018 |
Urban Regeneration and Development Information Seminar - Portlaoise |
€6,573.86 |
|
Total |
€46,683.47 |
623. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Planning and Local Government if construction will commence as promised on the 54 housing units in St. Teresa’s Gardens in October 2018. [39596/18]
View answer624. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Planning and Local Government the reason for the delay in the chosen developer starting on the 54 housing units on the St. Teresa’s Gardens site. [39597/18]
View answerI propose to take Questions Nos. 623 and 624 together.
St. Teresa’s Gardens is a key regeneration project, the first phase of which will see the delivery of the 54 new social housing homes. As the project is currently moving through the final stages of a tendering and approval process, it would not be appropriate for me to comment on the specifics of the project or timelines. My Department is working very closely with Dublin City Council, who will be the contracting authority, so that Stage 4 approval can be issued and the contract awarded without delay.
625. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the amount spent by his Department on third party public relations advice, communications advice, online advertising and public awareness campaigns to date in 2018, by month and company engaged in tabular form; and if he will make a statement on the matter. [39642/18]
View answerI refer the reply to Question number 1007 of 20 March, 2018, which sets out the position to that date. The engagement of external expertise is generally only considered where the issues involved require expert skills or capabilities that are not readily available within my Department. Press and public relations functions are undertaken by the officials in my Department's Press Office.
The details of any expenditure since 20 March 2018 are currently being compiled by my Department and will be forwarded to the Deputy in accordance with Standing Orders.
|
Month |
Company |
Amount |
Purpose |
|
October |
Anglo Printers Ltd |
€132,502 |
Public information campaign – National Fire Safety Week |
|
October |
4Imprint |
€4,935 |
Public information campaign – National Fire Safety Week |
|
October |
Hudson Print Room |
€260 |
Public information campaign – National Fire Safety Week |
|
October |
Horizon Digital Print Solutions |
€658 |
Public information campaign – National Fire Safety Week |
|
March to October |
Spark Foundry and Iris Oifigiúil |
€129,930 |
Public Information and advertising by Franchise Unit on electoral issues |
|
June |
Spark Digital |
€975.00 |
Social Media workshop for Communications Staff |
|
April |
Premium Beat |
€49.99 |
Video production expenditure |
|
May |
Voicebank |
€525.00 |
Video production expenditure |
|
May |
Highwire |
€170.25 |
Video production expenditure |
|
October |
Premium Beat |
€53.76 |
Video production expenditure |
626. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the options taken by developers in respect of Part V for developments between 1 January 2016 and to date in 2018 under each of the headings section 96(3)(a) and section 96(3)(b) of Part V for counties Meath, Dublin, Kildare and Wicklow; the location of each site in respect of transfer of land; the number of building and transfer of houses, respectively; and if he will make a statement on the matter. [39651/18]
View answerFollowing the introduction of changes to Part V of the Planning and Development Act 2000, effected through the Urban Regeneration and Housing Act 2015 (the relevant sections of which were commenced with effect from 1 September 2015), the range of options available through which Part V obligations might be satisfied was reduced. In particular, the payment of cash in lieu of homes or the transfer of sites or parts of sites was removed, and instead the remaining options are focused on the delivery of completed homes.
The current options for Part V delivery are:
- the transfer of ownership of land, subject to the planning permission application, to a local authority for the provision of social housing (the default option);
- the building and transfer of ownership to the local authority, or persons nominated, of completed social housing homes on the site subject to the planning permission;
- the transfer of ownership to the local authority, or persons nominated, of completed social housing homes on other land;
- the long term leasing of social housing homes; and
- a combination of the options above.
My Department does not collect specific project by project details in regards to these options. Overall statistical data in relation to Part V output to end 2017 is collected and is available on my Department’s website at the following link:
https://www.housing.gov.ie/housing/statistics/affordable-housing/affordable-housing-and-part-v-statistics.
Additional statistical information on Part V delivery to end Q2 2018 is available at the following link:
https://www.housing.gov.ie/sites/default/files/attachments/social_housing_output_overview_q2_2018.xlsx.
627. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the status of a Part 8 development (details supplied) in County Wicklow; if his Department has released funds to the local authority to commence the project; if his attention has been drawn to issues concerning access to the site and-or engagements with other property owners in respect of gaining access to the site; and if he will make a statement on the matter. [39653/18]
View answerMy Department approved a Stage 4 application and associated funding of €1.1m for this scheme in July 2018 and it is now a matter for Wicklow County Council to progress the scheme to construction. Funding in respect of fees and local authority administration costs have been recouped to date.
My Department engages with all local authorities, including Wicklow County Council, on a regular basis regarding the delivery of social housing. This includes structured quarterly meetings to review progress on all projects. In terms of site access, I am informed that in the case of Kilmantain Place, a Traffic Management Plan is awaited from the contractor.
