Tuesday, 23 July 2019

Questions (2894)

Niall Collins

Question:

2894. Deputy Niall Collins asked the Minister for Housing, Planning and Local Government if he will address the case of a person (details supplied); and if he will make a statement on the matter. [32882/19]

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Written answers (Question to Housing)

Section 63(3) of the Local Government Act 2001 provides that, subject to law, a local authority is independent in the performance of its functions. Section 6 of the Housing (Miscellaneous Provisions) Act 2009 specifically provides that the Minister's power to issue policy directions and guidelines to housing authorities in relation to their housing functions shall not be construed as enabling the Minister to exercise any power or control in relation to any individual case with which a housing authority is or may be concerned. I am, therefore, precluded from intervening in relation to individual cases.

In administering the local authority home loan scheme, local authorities strongly advise prospective borrowers to obtain independent professional advice as to the structural stability and suitability of the dwelling house for habitation.

Certificates of compliance with planning and building regulations are required for all properties mortgaged prior to drawdown, and must be provided by suitably qualified architects, engineers or building surveyors.

The local authority in issuing a home loan does not accept any statutory or common law duty or care to ensure the dwelling house is properly constructed or free of defects.