Written Answers Nos. 100-136
100. Deputy Shane Cassells asked the Minister for Housing, Planning and Local Government when the statutory instrument giving effect to the recommendations in the reports of the local electoral area boundary committees will be made; and if he will make a statement on the matter. [47166/18]
View answerI established two independent Local Electoral Area Boundary Committees on 13 December 2017 to review and make recommendations on local electoral areas having regard to, among other things, the results of Census 2016 as well as the commitment to consider reducing the size of territorially large local electoral areas as set out in A Programme for Partnership Government (May 2016). The two Committees reported to me on 12 June 2018 and now stand dissolved.
On foot of the two reports, orders are currently being prepared within my Department under section 23 of the Local Government Act 2001 to give effect to the Committees' recommendations in relation to local electoral areas. It is anticipated that these orders will be signed later this year. The local electoral areas to be specified in these orders, and the number of members to be elected for each electoral area, will apply at the next local elections which are due to be held in late May 2019 in tandem with the elections for the 2019-2024 European Parliament.
101. Deputy Mick Barry asked the Minister for Housing, Planning and Local Government if he maintains statistics on the number of repossessions; and the services available to those that become homeless following repossession. [47161/18]
View answerMy Department does not collect statistics in relation to privately owned mortgage arrears or repossession cases. The Central Bank does, however, publish quarterly statistics, which are available on its website at the following link: https://www.centralbank.ie/statistics/data-and-analysis/credit-and-banking-statistics/mortgage-arrears.
The Government is committed to supporting people in mortgage arrears to remain in their homes. There are a range of supports and services in place to assist people in that regard, including the Mortgage to Rent scheme; the personal insolvency system; and the Abhaile service which gives borrowers access to State-funded and regulated financial or legal professionals.
In relation to individuals and families that find themselves facing homelessness, housing authorities in the first instance work closely with such individuals to prevent such households from entering emergency accommodation and seek to secure accommodation for those households through the Homeless Housing Assistance Payment (HAP) Scheme.
In cases where households do enter emergency accommodation, whether it be a Family Hub or commercial hotel or bed and breakfast, housing authorities continue to support and work with these households in order to exit them from emergency accommodation to long term tenancies as soon as possible.
104. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of his plans to regulate the short-term letting sector; and if short-term letting providers will be liable for commercial rates and-or water charges post successful application for planning permission for the purpose of short-term letting. [47151/18]
View answer116. Deputy Mick Barry asked the Minister for Housing, Planning and Local Government if he will report on the implementation of regulation on short-term letting; and if he will make a statement on the matter. [47158/18]
View answerI propose to take Questions Nos. 104 and 116 together.
Under Action 18 of the Strategy for the Rental Sector, a Working Group was established, involving representatives of all major public stakeholders with a policy interest in short-term lettings, to develop guidance in relation to planning applications, changes of use relating to short-term lettings and to examine the need for new regulatory arrangements, including having regard to regulations in place in other jurisdictions. Proposals considered by the Working Group have been aimed at facilitating short-term letting of accommodation within permanent residences, known as homesharing, while protecting the existing stock of residential property in areas of high demand.
Having considered the Group's report as well as the recommendations in the Oireachtas Committee's report on short-term lettings, I recently announced plans to introduce a “one host, one home” model in areas where there is high housing demand.
Homesharing will continue to be permissible for a person’s primary residence, and such home-sharers will have to register with their local authority. An annual cap of 90 days will apply for the renting out, on a short-term basis, i.e. for 14 days or less at a time, of a person’s entire home where it is their primary residence.
Where a person owns a second property and intends to let it as a Short Term Letting (STL), they will require planning permission to do so unless the property is already permitted to be used for tourism / short-term letting purposes. Planning permission for a change of use to STL can be sought and it will be up to each local Planning Authority to consider applications, based on guidance that will issue from my Department, taking account of housing demand pressures and other relevant factors such as cumulative impacts.
These proposed changes will not affect the operation of holiday homes as typically understood, or longer-term flexible lettings which are provided for those coming to Ireland under employment contracts.
It is intended that the new planning changes will come into effect on 1 June 2019, to allow property owners time to prepare for and adapt to the new arrangements. In addition to revised draft exempted development planning regulations which have been prepared, amendments to primary legislation will also be introduced to underpin and strengthen the new proposals and the drafting of these amendments is currently underway.
Any unauthorised development, including breaches of the proposed exemptions, may be the subject of planning enforcement by the relevant planning authority.
With regard to commercial rates, the general premise under valuation legislation (section 15 and Schedule 3 of the Valuation Act 2001, as amended) is that all buildings and lands used or developed for any purpose are rateable unless expressly exempted under Schedule 4 of the Act. Lettings of private residences for residential purposes (whether houses or apartments) on either a short or longer term basis are not generally rateable by virtue of Schedule 4, paragraph 6.
Water customers are classified as domestic and non-domestic customers. Water charges no longer apply to domestic customers with the exception of legal provision for charges in respect of excessive use. Irish Water applies charges to non-domestic customers in accordance with a Water Charges Plan that is approved by the Commission for Regulation of Utilities. The current definition in the Water Charges Plan is that a Non-Domestic Premises “means a Premises in which Water Services are used for Non-Domestic Purposes, defined in the Water Services Act 2007 as (a) agriculture or horticulture, (b) any trade, industry or business, (c) any purpose incidental to a household or private garden if the water is drawn otherwise than from a tap inside the household or if a hosepipe or other similar apparatus is used, (d) central heating other than the central heating of a household; (e) apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating water.” In accordance with current policy applied by Irish Water, all water in relation to the provision of short term accommodation in B&Bs, hotels and self-catering accommodation may be subject to a charge.
These matters will be addressed further once the draft regulations are finalised.
105. Deputy Peadar Tóibín asked the Minister for Housing, Planning and Local Government his plans to ensure that population caps detailed in the national framework document will not leave persons homeless, push up house prices and rents in County Meath and lead to a reduction in development of infrastructure such as the Navan to Dublin rail line in order that spatial balance is achieved through meeting existing demand on the east coast and building for future demand on the western sea board. [47168/18]
View answerThe National Planning Framework (NPF), published together with the National Development Plan (NDP) as part of Project Ireland 2040 earlier this year, is intended to provide the strategic context for future planning, development and investment over the next two decades. In addition, the NPF represents a long-term strategy for Government Departments, State agencies, State-owned enterprises, regional and local authorities and others to support communities to achieve their potential for economic, social and infrastructural development through a shared set of strategic objectives and key principles.
As a strategic document, the NPF is currently being given further and more detailed expression at the regional level through preparation, by the Regional Assemblies, of statutory Regional Spatial and Economic Strategies (RSESs) for the three Regional Assembly areas.
The RSES process formally commenced earlier this year and the draft Eastern and Midland Regional Assembly RSES, which includes Counties Kildare, Meath and Wicklow, was approved by the Regional Assembly on 26 October. It sets out a strategy for the period to 2031. It was published for public consultation on 5 November and is on public display until 23 January 2019.
Both the National Planning Framework and the draft Regional Spatial and Economic Strategy (RSES) for the Eastern and Midland area target significant population and housing growth in Counties Kildare, Meath and Wicklow. In all cases, growth is projected at above national average levels to 2031.
It is envisaged that there will be 100,000 additional people living in these three counties by 2031. The three local authorities are also required to plan for 127,000 people more during that time, to account for the fact that there will need to be permissions in place and housing under construction during the latter years of the period as there is now, in order to ensure that growth beyond 2031 can continue to be accommodated.
This means that County Development Plans in the three counties must make combined planning provision for an additional 127,000 people to 2031, which is considered to be a sustainable level of development, that will allow the provision of infrastructure and services to keep pace with housing development. Where this level of future population and housing growth is to be located and how it will be prioritised within counties, will be a matter for the local authorities to determine through their County Development Plans. In that context, they will be required to take into account where investment in jobs, services and infrastructure has taken place and can be provided in the future.
Good planning will include consideration of each county’s towns and smaller settlements, many of which grew rapidly in the recent past and for which a continuation of similar levels of growth would be unsustainable. More sustainable planning will include a significant focus on employment and access to employment, as well as the ‘catch-up’ provision of facilities, where most needed, rather than on housing development simply for the sake of development alone.
The two other draft RSESs (for the Northern and Western Regional Assembly and Southern Regional Assembly areas), subject to Regional Assembly approval, are expected to be put on public display in the coming weeks. The finalisation of all three regional strategies in the first half of 2019 will in turn prompt reviews and updates of individual county and city development plans to ensure strategic co-ordination and consistency between national, regional and local levels.
106. Deputy James Browne asked the Minister for Housing, Planning and Local Government his plans to address the housing crisis in County Wexford; if he will consider establishing Gorey as a rent pressure zone; and if he will make a statement on the matter. [46923/18]
View answerAddressing the challenges in the housing sector remains a top priority for the Government. The Rebuilding Ireland Action Plan provides a comprehensive framework for addressing the range of complex issues which need to be addressed, with a particular focus on increasing and accelerating housing delivery, across all tenures. The Plan is underpinned by over €6 billion in funding to support the delivery of over 50,000 new social housing homes and some 87,000 other housing supports over the 6 years 2016 to 2021.
Significant progress has been made in 2016 and 2017, in partnership with local authorities, Approved Housing Bodies and a range of other delivery partners, with over 45,000 individuals and families having their housing needs met during those 2 years, and a further 25,500 households expected to be supported this year. The level of progress being made is reflected in social housing waiting lists, which have reduced by 22%, from 91,600 households to 71,858, between 2016 and 2018. In Wexford, the number of households on waiting lists has reduced by more than 15% from 2,577 in 2017 to 2,177 in 2018.
Wexford County Council, and the Approved Housing Bodies it is working with, have a social housing construction programme of 52 projects either already complete or at planning, design, tender or construction stage, which will deliver 605 homes.
My Department continues to engage actively with all local authorities, including Wexford County Council, to deliver social housing through all available avenues, with a particular emphasis on additional construction projects.
In relation to the rental sector, section 24A of the Residential Tenancies Acts 2004-2016 provides that the Housing Agency, in consultation with housing authorities, may make a proposal to the Minister that an area should be considered for designation as a Rent Pressure Zone. Following receipt of such a proposal, the Minister requests the Director of the Residential Tenancies Board (RTB) to conduct an assessment of the area to establish whether or not it meets the criteria for designation and to report to the Minister on whether the area should be designated as a Rent Pressure Zone. For the purpose of the Act, ‘area’ is defined as either the administrative area of a housing authority or a local electoral area within the meaning of section 2 of the Local Government Act 2001. There is no provision for any other type of area to be designated as a Rent Pressure Zone.
For an area to be designated a Rent Pressure Zone, it must satisfy the following criteria set out in section 24A(4) of the Residential Tenancies Act 2004 (as inserted by section 36 of the Planning and Development (Housing) and Residential Tenancies Act 2016):
(i) the annual rate of rent inflation in the area must have been 7% or more in four of the last six quarters; and
(ii) the average rent for tenancies registered in the area with the RTB in the last quarter must be above the average national rent (the National Standardised Rent in the RTB’s Rent Index Report) in the last quarter (€1,094 per month in Q2 2018).
The RTB Rent Index Report includes a summary in Table 9 of the data used to establish whether each Local Electoral Area fulfils the criteria for designation as a Rent Pressure Zone. This allows everyone to see exactly where their area stands in relation to average rent levels and increases and possible designation.
Further information on Rent Pressure Zones and designations is available on my Department's website at https://www.housing.gov.ie/PUBLICATIONS by searching 'rent pressure zones - information'.
The data from the Rent Index Report for Q2 2018 relating to the local electoral area of Gorey, County Wexford is detailed in the table below:
|
Local Electoral Area |
Quarters > 7% |
Average 2018 Q2 |
|
Gorey |
4 |
€847.01 |
In Gorey, while in 4 of the last 6 quarters rent inflation has been 7% or greater, the average monthly rent is below the national standardised rent of €1,094 per month. Therefore, the Local Electoral Area of Gorey does not meet the criteria for designation at this time.
The Housing Agency continues to monitor the rental market and may recommend further areas for designation. Where, following the procedures set out in the Act, it is found at a future date that additional areas meet the criteria, they will be designated as Rent Pressure Zones.
107. Deputy Martin Heydon asked the Minister for Housing, Planning and Local Government if the need for a national policy to deal with developer-led wastewater treatment systems will be addressed; and if he will make a statement on the matter. [47164/18]
View answerMy Department launched the National Taking-in-Charge Initiative (NTICI) in April 2016 to trial new approaches and working methods in supporting and accelerating overall national and local action on the process for taking-in-charge housing estates, including estates with developer-provided water services infrastructure (DPI). Under the terms of the NTICI, which was underpinned by €10 million in funding, developments subject to valid taking-in-charge applications were eligible for inclusion in the associated call for funding proposals. Ultimately, €7.5 million of the allocated funding was paid to local authorities in respect of 330 developments, containing some 14,930 homes.
Findings and recommendations from the NTICI process will be included in a report on the initiative that it is intended to publish shortly. The publication of the NTICI report will be of value to local authorities and other stakeholders in applying the lessons from the pilot programme in a more general roll-out of a streamlined approach to taking-in-charge, including through coordination with capital works by Irish Water. In addition, the National Development Plan includes a provision of €31 million for DPI in the period 2018-2021, demonstrating the Government's commitment to transition from the pilot phase under NTICI to a programme phase.
My Department intends to write to local authorities to advise them of the future funding arrangements for DPI-type housing estates that are not taken in charge, following the publication, shortly, of the review report on the 2016 NTICI.
108. Deputy Martin Heydon asked the Minister for Housing, Planning and Local Government the progress of the regional spatial and economic strategy with specific regard to the plans for County Kildare; and if he will make a statement on the matter. [47165/18]
View answerThe National Planning Framework (NPF), published together with the National Development Plan (NDP) as part of Project Ireland 2040 earlier this year, is intended to provide the strategic context for future planning, development and investment over the next two decades. In addition, the NPF represents a long-term strategy for Government Departments, State agencies, State-owned enterprises, regional and local authorities and others to support communities to achieve their potential for economic, social and infrastructural development through a shared set of strategic objectives and key principles.
As a strategic document, the NPF is currently being given further and more detailed expression at the regional level through preparation, by the Regional Assemblies, of statutory Regional Spatial and Economic Strategies (RSESs) for the three Regional Assembly areas.
The RSES process formally commenced earlier this year. The draft Eastern and Midland Regional Assembly RSES is now on public display for consultation until Wednesday 23 January 2019. The draft RSES, which contains information in relation to plans for County Kildare, is available on the Eastern and Midland Regional Assembly's website at the following link: www.emra.ie/rses.
The two other draft RSESs (Northern and Western Regional Assembly and Southern Regional Assembly), subject to Regional Assembly approval, are expected to be put on public display in the coming weeks.
The finalisation of these regional strategies in the first half of 2019 will in turn prompt reviews and updates of individual county and city development plans to ensure strategic co-ordination and consistency between national, regional and local levels, including County Kildare.
110. Deputy Bernard J. Durkan asked the Minister for Housing, Planning and Local Government if a structure can be formed for operation by the local authorities for the purpose of obtaining sufficient capital at the lowest possible interest rates on the international market to restore the traditional local authority house building programme, including the provision of serviced sites and affordable housing; if audits have been carried out of the lands in the possession of the local authorities in the greater Dublin area in order to facilitate such a programme; and if he will make a statement on the matter. [47114/18]
View answerThe development of publicly owned residential lands for social and affordable housing is a top priority for this Government, particularly in Dublin and other large urban areas, where housing access and affordability pressures are greatest. To support this objective, all local authority and Housing Agency lands available for housing have been mapped and can be viewed on the Rebuilding Ireland website at the following link: http://rebuildingireland.ie/news/rebuilding-ireland-land-map/.
My Department is working with all local authorities, including in the Greater Dublin area, in order to bring forward suitable sites for social and affordable housing. There is now a significant pipeline of social housing construction projects, the latest details of which are available at the following link: http://rebuildingireland.ie/news/minister-murphy-publishes-latest-social-housing-construction-report/.
In order to support local authorities further to prepare their sites for affordable housing, the Government recently committed, under Budget 2019, to provide €310 million under the Serviced Sites Fund (SSF) over the period 2019 to 2021. The funding is available for key facilitating infrastructure on local authority sites, to support the provision of affordable homes to purchase or rent.
A first call for proposals under the Fund issued to the four Dublin local authorities; Kildare, Meath, Wicklow, Louth and Cork County Councils, and Cork and Galway City Councils. Fifteen proposals were received, from nine of the local authorities targeted under this first call and I expect to announce funding decisions in relation to those applications shortly. I expect infrastructure works on approved projects to begin as soon as possible thereafter and delivery of affordable homes from late 2019/early 2020 onwards.
More broadly, all local authorities are carrying out economic assessments of the requirement for affordable housing in their areas and the viability to deliver such affordable housing from their sites. My Department hosted a workshop for local authorities last week to discuss these issues. Further bilateral engagement between local authorities and my Department will now follow with a view to progressing further social and affordable projects on council lands.
A second call for proposals under the Fund will be made shortly. The scope of that call will be influenced by the information received from local authorities, as part of the aforementioned assessments, which they have been requested to submit by 30 November.
Finally, the new Land Development Agency (LDA) will contribute significantly to the delivery of affordable housing. All of the State land developed by the LDA will include 40% social and affordable homes to purchase or rent.
112. Deputy Maureen O'Sullivan asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the increasing difficulty potential tenants are having finding properties that accept HAP; and if there are measures planned to try and combat this situation for tenants. [47106/18]
View answerThe Housing Assistance Payment (HAP) provides fast, flexible housing support to households and has been rolled out on a statutory phased basis since September 2014, with the nationwide rollout being completed on 1 March 2017. The phased nature of the HAP rollout has allowed for significant learning, with new HAP authorities benefitting from the experience of those authorities where the scheme had been previously operational.
At the end of Quarter 2 2018, over 37,750 tenancies were being supported by the HAP scheme, including over 9,000 additional households in 2018, with an average weekly set up of 350 tenancies. There are now 21,000 separate landlords and agents currently in receipt of monthly HAP payments.
A landlord or an agent acting on behalf of a landlord is not legally obliged to enter into a tenancy agreement with a Housing Assistance Payment (HAP) recipient. However, since 1 January 2016, a person cannot be discriminated against when renting because they are in receipt of certain housing related payments, including HAP. If a person feels that they have been discriminated against by a landlord or their agent, they can make a complaint under the Equal Status Acts to the Workplace Relations Commission.
Under the Housing Assistance Payment (HAP), a tenant sources their own accommodation. The tenancy agreement is between the tenant and the landlord and is covered by the Residential Tenancies Act 2004 (as amended). The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on household size and the rental market within the area concerned.
Each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit in circumstances where it is necessary, because of local rental market conditions, to secure appropriate accommodation for a household that requires it. It is a matter for the local authority to determine if the application of the flexibility is warranted on a case by case basis.
At the end of Q2 2018, 21.3% of the total number of households being supported by HAP were benefitting from the additional flexibility (excluding those households accommodated through the homeless HAP arrangements in Dublin). In those cases, the average rate of discretionary payment being used was 15.7% above rent limits provided.
The data available to my Department indicates that the current rent limits and the flexibility to exceed those rent limits provide local authorities with sufficient capacity to assist households in securing rented accommodation that meets their needs.
The Homeless HAP Place Finder Service is a targeted support for homeless households who are finding it difficult to secure HAP tenancies. The Place Finder Service has been successfully utilised by the Dublin Regional Homeless Executive (DRHE) across the Dublin local authorities since February 2015, with more than 3,000 households being supported by the Homeless HAP scheme at end Q2 2018. The Homeless HAP Place Finder Service is now available to each of the 31 local authorities, with the options to pay deposits and advance rental payments for any households in emergency homeless accommodation, in order to secure accommodation via the HAP Scheme.
I continue to keep the operation of HAP under review but I am currently satisfied with how the scheme is operating and I consider it to be a key vehicle for meeting current housing need and fulfilling the ambitious programme set out in Rebuilding Ireland.
113. Deputy Eamon Scanlon asked the Minister for Housing, Planning and Local Government if early childhood care and community educations services will be exempted from paying commercial rates; if his attention has been drawn to the fact that rates are affecting the running of businesses and, if not dramatically reduced, are likely to result in the closure of services; and if he will make a statement on the matter. [42559/18]
View answerLocal 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 Commissioner of Valuation under the Valuation Acts 2001 to 2015. The Commissioner of Valuation has responsibility for valuation matters, including determination of relevant property under the Acts for the purposes of rates. As Minister, I have no function in relation to decisions in this regard. The levying and collection of rates are matters for each individual local authority.
The Valuation Act 2001, as amended by the Valuation (Amendment) Act 2015, provides that all buildings used or developed for any purpose, including constructions affixed thereto, are rateable unless expressly exempted under Schedule 4 of the Act. Such exempt buildings would principally include those used for public worship, education and health care provided on a not-for-profit basis, and charitable purposes. Included in the exemptions under Schedule 4 are properties occupied by parties that provide early childhood care and education on a not-for-profit basis, and properties that only provide the Early Childhood Care and Education Scheme. In general, the Acts maintain the long-standing position that all properties of occupiers that operate with the intention of making a profit are rateable, including all private childcare facilities. There are no proposals under consideration for a discount of commercial rates for childcare service providers in this regard.
The Acts are quite specific about the range of exemptions that can be allowed by the Commissioner of Valuation, who has no discretionary latitude to grant exemptions not covered by Schedule 4. As a matter of course, the Valuation Office examines all cases on their individual merits by reference to the relevant statutory provisions governing the operation of the Valuation Acts as they relate to pre-school childcare facilities and all other categories of properties.
There are a number of avenues of redress for an occupier of rateable property who is dissatisfied with a determination of valuation made under the provisions of the Acts. Firstly, before a determination is made, there is a right to make representations to the Valuation Office in relation to a proposed valuation. If the occupier is still dissatisfied with the determination, there is a right of appeal to the Valuation Tribunal, which is an independent body set up for the purpose of hearing appeals against determinations of the Valuation Office. Also, there is a right of appeal to the Courts on a point of law.
115. Deputy Peadar Tóibín asked the Minister for Housing, Planning and Local Government the powers that local authorities have in terms of tenancy agreements in dealing with families that have continually broken the law and disturbed the peace. [47048/18]
View answerActions to deal with law-breaking and disturbances of the peace, as well as anti-social behaviour in respect of all types of tenancies, is primarily a matter for An Garda Síochána.
Local authorities are responsible, under the Housing Acts 1966-2014, for the management and maintenance of their housing stock and the management of their estates, including taking appropriate measures to counter anti-social behaviour by their tenants. Part 2 of the Housing (Miscellaneous Provisions) Act 2014 put in place a new procedure for securing possession of local authority housing involving a hearing of the merits in the District Court in disputed cases. It also provides local authorities with power to secure court orders excluding individuals engaged in anti-social behaviour from local authority housing and estates.
Sections 6 to 12 of the 2014 Act set down revised procedures for housing authorities to deal with serious breaches of the tenancy agreements for their dwellings, including anti-social behaviour. The Council may issue a tenancy warning in relation to a breach (sections 7 to 9) and the tenant may seek an internal review of the issue of the warning (sections 10 and 11). Where the breach of the tenancy agreement continues or is repeated, the Council may seek a possession order in the District Court, which will adjudicate on the merits of the proposed recovery where the tenant disputes the grounds for it (section 12). Recovery of possession by the housing authority has the effect of terminating the tenancy in the dwelling. Any party to a possession application may appeal the District Court’s decision to the Circuit Court.
117. Deputy Thomas Pringle asked the Minister for Housing, Planning and Local Government if a landlord register of HAP properties will be made available to persons in advance of taking up a tenancy with HAP support; his views on whether auctioneers and estate agents must be obliged to advertise HAP properties; the efforts he has made to date as regards same; and if he will make a statement on the matter. [47008/18]
View answerThe Housing Assistance Payment (HAP) provides fast, flexible housing support to households in an area of their choice. At the end of Quarter 2 2018, over 37,750 tenancies were being supported by the HAP scheme, including over 9,000 additional households in 2018.
Under HAP, a tenant sources their own accommodation in the private rented market. The tenancy agreement is between the tenant and the landlord and is covered by the Residential Tenancies Act 2004 (as amended). The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on household size and the rental market within the area concerned.
The Residential Tenancies Acts regulate the tenant-landlord relationship in the private rented residential sector. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
The Act provides that landlords must apply to register the tenancy of a dwelling with the RTB within one month of the commencement of the tenancy. The RTB actively pursues landlords for non-registration. Failure to register tenancies can result in prosecution with fines of up to €4,000 and/or six months imprisonment.
There is no obligation on landlords or estate agents to advertise private rental properties, with many tenancies arising from referrals and other forms of communication.
In relation to supporting households secure a HAP tenancy, the Homeless HAP Place Finder Service is a targeted support for homeless households who are finding it difficult to secure HAP tenancies. The Place Finder Service will assist households in emergency accommodation primarily by providing access to deposits and advance rental payments.
My Department continues to keep the operation of the HAP scheme under review. In general, I am satisfied with the operation of the scheme and I consider it to be a key vehicle for meeting housing need and fulfilling the ambitious programme outlined under the Rebuilding Ireland Action Plan for Housing and Homelessness.
118. Deputy Brian Stanley asked the Minister for Housing, Planning and Local Government if funding will be allocated for the regeneration of a location (details supplied) and the construction of social housing on the adjacent vacant site. [47081/18]
View answerThe development of new social housing homes, as well as the maintenance and upgrade of existing social housing, are matters in the first place, for the relevant local authorities. I am informed by Laois County Council that they are considering options in relation to new social housing in the area mentioned and, while to date my Department has not received a formal proposal, any proposal that the local authority presents in due course will be carefully considered. Equally, any proposal under the Urban Regeneration and Development Fund will be considered as part of my Department's assessment of applications under the Fund.
119. Deputy Mick Wallace asked the Minister for Housing, Planning and Local Government his views on the matter of newly completed apartment blocks being sold in bulk to investment funds and pension funds instead of being sold individually on the open market; if he will consider discussing this new trend with the Minister for Finance with a view to drafting legislation or regulation that prohibits the bulk sale of units; and if he will make a statement on the matter. [47116/18]
View answerThe acquisition and management of properties by professional Real Estate Investment Trusts (REITS) is one component part of a more sustainable, long-term property rental market for both investors and tenants. While commercial property investment has been a key focus for some of the REITs launched to date in Ireland, residential property also forms part of the sector's interest and exposure. It is expected that the sector will continue to develop over time and increase the supply of professionally managed, good quality, rented accommodation.
In relation to the recent purchase of the apartments in question by an investment company, it is important to remember that the priority is to ensure an increase in the overall supply of new homes whether available to purchase or rent. Given the highlighted lack of properties available to rent in the Dublin area, increased rental supply is welcome.
Historically, the private rented sector in Ireland has been largely made up of small-scale landlords, who will continue to provide the bulk of private rented accommodation. However, a more diverse sector, which includes institutional investors specialised in providing and managing larger scale residential rental projects, provides more stability and less exposure to property market risk and volatility. Institutional investors can also help provide the range of tenancy options that households need across their lifecycles. Large-scale investment in property has an important role to play in helping to deliver the professional high-standard rental sector that tenants deserve.
The fact that institutional investors are entering the rental market, with a clear long-term focus on their investment provides security for tenants who can be confident that their landlord is committed for the long run.
A number of additional tenancy protection measures were introduced in the Planning and Development (Housing) and Residential Tenancies Act 2016 to enhance tenants’ security, including:
- The abolition of a landlord’s right, during the first 6 months of a further Part 4 tenancy, to end that tenancy for no stated ground;
- The extension of the term of Part 4 tenancies from 4 to 6 years; and
- Protection for existing tenants to remain in situ where a landlord proposes to sell 10 or more units within a single development at the same time, other than in exceptional circumstances.
These provisions apply to all apartments which are the subject of a tenancy within the meaning of the Residential Tenancies Acts.
120. Deputy Louise O'Reilly asked the Minister for Housing, Planning and Local Government if he met with officials from Fingal County Council regarding the roll-out of affordable housing; and if he will make a statement on the matter. [46903/18]
View answerThe development of publicly owned residential lands for social and affordable housing is a top priority for this Government, particularly, in Dublin and other large urban areas, where housing access and affordability pressures are greatest. My Department is working with all local authorities, including Fingal County Council, in order to identify suitable sites to progress social and affordable housing projects.
In order to support local authorities further to prepare their sites for affordable housing, the Government recently committed, under Budget 2019 to provide €310 million under the Serviced Sites Fund (SSF) over the period 2019 to 2021. The funding is available for key facilitating infrastructure, on local authority sites, to support the provision of affordable homes to purchase or rent.
A first call for proposals under the Fund issued to the four Dublin local authorities; Kildare, Meath, Wicklow, Louth and Cork County Councils, and Cork and Galway City Councils. Fifteen proposals were received, from nine of the local authorities targeted under this first call and I expect to announce funding decisions in relation to these applications shortly. I expect infrastructure works on approved projects to begin as soon as possible thereafter and delivery of affordable homes from late 2019/early 2020 onwards.
My Department hosted a workshop for local authorities last week to discuss affordable housing issues. Further bilateral engagement between local authorities and my Department will now follow with a view to progressing further social and affordable projects on council lands.
Finally, the new Land Development Agency (LDA) will contribute significantly to the delivery of affordable housing. All of the State land developed by the LDA will include 40% social and affordable homes to purchase or rent and I understand that the LDA has also engaged directly with Fingal County Council concerning such sites in Fingal.
121. Deputy Bríd Smith asked the Minister for Housing, Planning and Local Government the number of successful applications for home loans under the Rebuilding Ireland scheme for first-time buyers; and the number that have applied for mortgages under this scheme to date. [47156/18]
View answerAs with the previous local authority home loan offerings, loan applications under the Rebuilding Ireland Home Loan are dealt with directly by the local authority in whose area the property proposed for purchase is situated. The Housing Agency provides a central support service which assesses loan applications that are made to the local authorities for the Rebuilding Ireland Home Loan and they make recommendations to the authorities as to whether loans should be offered to applicants.
I have asked the Agency to centrally compile figures on the numbers of applications that it has received since the scheme began and also the number of applications it has assessed and recommended for approval. The most recent figures, as at the end of October, indicate that the Agency had received a total of 3,309 applications for underwriting since the scheme launched in February. Of these, 619 were deemed invalid, while the assessment of 107 others was still in progress. Of the remainder, a total of 1,317 applications had been recommended for approval.
Each local authority must have in place a credit committee and it is a matter for the committee to make the decision on applications for loans, in accordance with the regulations, having regard to the recommendations made by the Housing Agency.
123. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government when the regulatory impact analysis of the new electoral commission Bill will be published; and if he will make a statement on the matter. [47101/18]
View answerThe Joint Oireachtas Committee on Environment, Culture and the Gaeltacht undertook a public consultation process on the establishment of an electoral commission on the basis of a consultation paper prepared by my Department in 2015. The Committee published a report on the consultation in January 2016. This report contains a series of recommendations regarding the establishment of an electoral commission, including functions which should be assigned to it; independence, membership and accountability mechanisms; and the establishment process.
The report is informing the implementation of the commitment in A Programme for a Partnership Government on establishing an electoral commission, including the preparation of an Electoral Commission Bill to give effect to that commitment. My Department is, in the first instance, preparing a Regulatory Impact Analysis for the Bill, which I expect to publish in the coming weeks. The RIA will set out a number of options for establishing an electoral commission, including functions that might be assigned to it.
124. Deputy Niamh Smyth asked the Minister for Housing, Planning and Local Government his plans to increase funding for housing grants provided by each local authority; and if he will make a statement on the matter. [47154/18]
View answerFor 2019, an increased total of €71.25 million will be provided for the Housing Adaptation Grants for Older People and People with a Disability. This is an 8% increase on the funding provided in 2018 and will enable up to 11,800 home adaptations to be undertaken.
Funding for these schemes has been increasing year on year since 2014, facilitating people with disabilities and older people to continue to live in their own homes. In addition to annual increases since 2014, my Department continues to work closely with local authorities throughout each year, to monitor spend and to achieve a full drawdown of the available funding. This allows any underspends to be redistributed to local authorities with high levels of grant activity who seek additional funding.
125. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government if a review of the planning laws as they relate to unauthorised developments will be carried out; if a recent assessment has been conducted in respect of the widespread abuse of planning laws; if consideration has been given to the costs involved in resolving issues including legal, court, administrative costs and the loss of public confidence in the planning system; if his attention has been drawn to unauthorised developments in the industrial and commercial sphere; if his attention has been further drawn to the unfair competitive advantage gained in addition to the loss of commercial rates, development levies and legal costs that cannot be recouped; the changes he plans to make in relation to the matter; and if he will make a statement on the matter. [46929/18]
View answerMy role, as Minister, in relation to the planning system is mainly to provide and update the legislative and policy guidance framework. The legislative framework comprises the Planning and Development Act 2000 (the Act), as amended, and the Planning and Development Regulations 2001, as amended.
With regards to policy guidance, my Department has issued a large number of planning guidelines (available on the Department’s website, www.housing.gov.ie) under section 28 of the Act, to which planning authorities and An Bord Pleanála are obliged to have regard in the exercise of their planning functions. The day-to-day operation of the planning system is, however, a matter for the planning authorities.
Under planning legislation, enforcement of planning control is a matter for the relevant planning authority which can take action if a development does not have the required permission or where the terms of a permission have not been met. Planning authorities have substantial enforcement powers under the Act in this regard. A planning authority may issue an enforcement notice in connection with an unauthorised development, requiring such steps as the authority considers necessary to be taken within a specified period. If an enforcement notice is not complied with, the planning authority may itself take the specified steps and recover the expense incurred in doing so. A planning authority may also seek a court order under section 160 of the Act requiring any particular action to be done or not to be done. Indeed, section 160 of the Act provides that anyone may seek a court order in relation to unauthorised development; such action is not restricted to planning authorities.
While my Department keeps planning legislation under regular review, I am satisfied that planning authorities have sufficient enforcement powers at their disposal under the existing legislation and I have no plans to amend the provisions at this time.
127. Deputy John Brady asked the Minister for Housing, Planning and Local Government the status of housing projects that had been under construction by a company (details supplied) before it went into examinership; and if he will make a statement on the matter. [47046/18]
View answerDelivery of social housing is achieved using a range of different delivery programmes and financing arrangements. This includes supporting both local authorities and Approved Housing Bodies (AHBs) to engage with contractors for the construction of new social housing homes.
I understand that the company referred to by the Deputy is experiencing serious financial difficulties and is working with a High Court appointed interim Examiner. This represents an opportunity for the company to restructure its finances and seek new investment, if required.
Following various tendering processes, I understand that the company in question was awarded the contract on four social housing projects, two of which are led by AHBs, located within three local authority areas. All these projects are at various stages of progress.
Neither I as Minister for Housing, Planning and Local Government, nor my Department, are a party to any contract with this company. Since the appointment of the interim Examiner by the High Court, the relevant AHBs and local authorities have met with the appointed Examiner and their law agents to discuss the options available to them and the next steps in order to facilitate the earliest possible recommencement and completion of these projects.
There is no doubt that this turn of events will delay the delivery of these much needed new social housing homes, but I am satisfied that the local authorities and AHBs concerned are pursuing all relevant avenues to progress the projects involved. The necessary steps have been taken by these parties to secure their sites and to ensure that the relevant legal and financial issues are being addressed. My Department has been, and will continue to keep, in close contact with the local authorities and AHBs concerned with a view to achieving a resolution of the issues on the projects involved as soon as possible.
128. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government his plans for a review of the electoral registration system; and if he will make a statement on the matter. [47103/18]
View answerIn March 2017 the Government determined that work should commence on modernisation of the voter registration process in the context of the possible need to register voters resident outside the State in the event that a referendum on extending the franchise in Presidential elections is passed.
The project, which it is estimated will take some 2-3 years to complete, will also include consideration of wider policy and legislative changes, including initiatives such as online registration. There will be an initial focus on a series of proposals including those made by the Joint Committee on Environment, Culture and the Gaeltacht in its report on the consultation it carried out on the proposed Electoral Commission in 2016.
Conscious of the importance of the register and its role in our democracy and the need to ensure security and integrity are key priorities for any changes being considered, significant consultation is planned to engage all stakeholders, including registration authorities, the political system at all levels and the public.
An initial technical consultation with franchise teams in local authorities was completed in September 2018 and the constructive inputs received informed the further development of proposals which will now be put to a public consultation, that will offer an opportunity to all relevant stakeholders and the public to contribute. I expect that consultation to be launched in the coming weeks.
129. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government his plans for Columb Barracks, Mullingar, with respect to the new Land Development Agency. [39914/18]
View answerThe recently established Land Development Agency will act as a new commercial State body to actively manage the development of public land in a way that will make a major contribution to tackling the root causes of our current housing issues, including bringing about major new opportunities for additional social and affordable housing on public lands.
The Agency has a potentially very significant and wider role to play in not only addressing the pressures in the housing sector in the short to medium term but in the longer-term to enable the urban development objectives of the National Planning Framework to be realised.
The Agency has access to an initial tranche of 8 sites with significant potential to add a further pipeline of public sites that have near term delivery potential for 3,000 new homes and an additional potential for a further 7,000 homes. Columb Barracks is one of the initial 8 sites identified with potential to deliver a minimum of 250 homes.
I understand that discussions are in train between the Agency and the Department of Defence with a view to agreeing a Memorandum of Understanding in relation to Columb Barracks, and that a feasibility study of the site will be undertaken by the Agency. It is therefore premature, at this stage, to anticipate the detail of the proposals that may emerge.
131. Deputy Mick Wallace asked the Minister for Housing, Planning and Local Government the number of compulsory purchase orders undertaken by Wexford County Council other than for national road projects from 2011 to date in 2018; and if he will make a statement on the matter. [47119/18]
View answerPrevious Ministerial functions regarding the compulsory acquisition of land by local authorities under a number of enactments were transferred to An Bord Pleanála with effect from January 2001, under the provisions of the Planning and Development Act 2000. Accordingly, I have no function in relation to the making or confirmation of compulsory purchase orders (CPOs). Given the statutory position, the information requested, in relation to the number of compulsory purchase orders undertaken by Wexford County Council other than for national road projects from 2011 to date in 2018, is not held in my Department.
Arrangements have been put in place by each Agency under the remit of my Department, including An Bord Pleanála, to facilitate the provision of information by State Bodies directly to members of the Oireachtas. The contact email address for An Bord Pleanála is oireachtasqueries@pleanala.ie.
133. Deputy Shane Cassells asked the Minister for Housing, Planning and Local Government if supports will be provided to county councils to enable them to provide for webcasting of local authority meetings in circumstances in which such facilities do not exist in order to allow persons to view important proceedings on budgetary, planning, zoning and development plan matters to ensure full transparency in same. [47167/18]
View answerThe local government sector receives funding from a number of different sources, including central Government. It is a matter for each elected Council to decide its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and available resources.
Section 45(5) of the Local Government Act 2001 states that a local authority may, by standing orders, regulate the right of members of the public and members of the media to be present at meetings. This includes the making of rules in relation to recording or relaying the proceedings as they take place or at a later stage.
It is therefore a matter for the elected members of each local authority to decide in the first instance to webcast local authority meetings and then to allocate sufficient funding from their annual budget for the provision of such facilities.
My Department, however, recognises the potential in the use of technology to strengthen local democracy, leadership and governance. At its meeting of 27 September 2018, the Government approved the policy paper "Local Authority Leadership, Governance and Administration", prepared as part of the response to the Programme for Partnership Government commitment to report to Government and the Oireachtas on potential measures to boost local government leadership and accountability, which identifies that action in the area of e-Democracy and e-Governance warrants consideration. This policy paper has been forwarded to the Joint Oireachtas Committee for Housing, Planning and Local Government for its consideration.
135. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government the social housing construction targets for all local authorities in 2018; the number that have been delivered to date in each local authority; the actions he will take if these targets are not met; and if he will make a statement on the matter. [46922/18]
View answerDetails of the 2018 social housing delivery targets, including build targets, can be accessed on the Rebuilding Ireland website at the following link: http://rebuildingireland.ie/news/minister-murphy-publishes-social-housing-delivery-targets-for-local-authorities-2018-2021/.
The published build targets include both local authority and approved housing body construction projects, turnkey schemes, regeneration schemes and void homes being brought back into active use through remedial build activity.
Data in relation to social housing construction delivery in 2018, to end quarter 2, is available on my Department's website at the following link: https://www.housing.gov.ie/sites/default/files/attachments/social_housing_output_overview_q2_2018.xlsx.
Some 1,438 homes have been delivered through the build programmes in the first half of the year, which includes delivery by local authorities, approved housing bodies, Part V homes and a small number of voids. Construction delivery in the second half of the year is expected to be considerably higher than delivery to end quarter 2, in keeping with the normal annual pattern of delivery. Data in relation to quarter 3 social housing delivery is currently being finalised by my Department and will be published when complete.
My Department engages with all local authorities on a regular basis regarding the delivery of social housing. This includes structured quarterly meetings to review progress and in the case of the four Dublin local authorities, monthly meetings are held. I am confident that the actions, targets and resources available to all local authorities under Rebuilding Ireland provide a strong platform for meeting our challenges in the housing sector and I am satisfied that all stakeholders are mobilised to keep delivery on track.
136. Deputy Catherine Connolly asked the Minister for Housing, Planning and Local Government the individual, annual and weekly HAP targets set by his Department for Galway city and county councils for each of the past two years; the percentage of new HAP tenancies created in Galway city and county in 2018 that have been designated as transfers from rent supplement pursuant to a direction from his Department; and if he will make a statement on the matter. [46905/18]
View answerThe Housing Assistance Payment (HAP) is a flexible and immediate housing support that is available to all social housing eligible households throughout the State. At the end of Q2 2018, there were more than 37,700 active tenancies in receipt of HAP support and over 21,000 separate landlords and agents involved in providing accommodation to those households.
HAP commenced in Galway County Council on 16 November 2015 and in Galway City Council on 1 February 2016. At end Q2 2018, the total numbers of active HAP tenancies in those areas were 1,148 in Galway City and 842 in Galway County.
Rebuilding Ireland sets annual national targets for additional HAP-supported tenancies. A target was set to support an additional 17,000 households through HAP in 2018 and, at end Q2, an additional 9,083 HAP tenancies had been set up.
Individual weekly targets were set for all local authorities in order to ensure delivery of the annual HAP targets set nationally under Rebuilding Ireland and to allow for the appropriate and orderly financial planning of the exchequer allocation to the scheme. The table below sets out the weekly HAP targets for Galway City and County Councils for the years 2016, 2017 and 2018.
|
Year |
Galway City Weekly HAP Target |
Galway County Weekly HAP Target |
|
2016 |
14 |
12 |
|
2017 |
15 |
10 |
|
2018 |
5 |
8 |
HAP is replacing Rent Supplement (RS) for those with a long term housing need who qualify for social housing support. However, RS will remain available through the Department of Employment Affairs and Social Protection (DEASP) to households as a short-term income support.
Individuals with a housing need, who in the past were reluctant to avail of full time work, as they would lose their RS support, can now move to HAP and avail of full-time work and retain their housing support, with an adjustment in their differential rent. The strategic aim is to complete the transfers from long term rent supplement to HAP by 2020, as outlined in Rebuilding Ireland.
The table below sets out for Galway City and County Councils:
- the number of new 2018 HAP tenancies set up at end Q2;
- the number of these tenancies that are transfers from RS; and
- the percentage of new 2018 HAP tenancies to end Q2 that were transfers from RS.
|
Local Authority Area |
2018 HAP Tenancies Set-up |
2018 RS Transfer Set-ups |
2018 RS Transfer % |
|
Galway City Council |
274 |
93 |
34% |
|
Galway County Council |
163 |
29 |
18% |
