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Tuesday, 30 Jun 2020

Written Answers Nos. 875-899

Departmental Communications

Questions (875)

Eoin Ó Broin

Question:

875. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if a copy of the instruction or guidelines issued by his Department to local authorities will be provided with respect to section 10 funding in which it states the services that will be funded and not funded. [12770/20]

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Written answers

My Department's role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual housing authorities. Section 10 of the Housing Act 1988 sets out the purposes for which cost may be incurred by housing authorities in respect of the provision of homeless accommodation and related services.  

While responsibility for the provision of accommodation for homeless persons rests with individual housing authorities, the administration of homeless services is organised on a regional basis, with nine administrative regions in place.  A homelessness consultative forum has been established in each region and it is a matter for the management group of the consultative forum, in the first instance, to determine the services and the funding required to address homelessness in each region. Each region submits an annual expenditure programme to my Department and my Department approves a funding allocation. The management of the funding allocation is delegated to the lead authority in each region and is governed by a protocol between my Department and the lead authority. This protocol contains reporting requirements in relation to performance and expenditure. The protocols can be provided to the Deputy if requested. My Department is not aware of any other guidelines or instructions which the Deputy may be referring to.

Heritage Sites

Questions (876)

Paul McAuliffe

Question:

876. Deputy Paul McAuliffe asked the Minister for Housing, Planning and Local Government his views on the purchase of a location (details supplied) in conjunction with Dublin City Council or an AHB for housing use and to secure the property ownership in view of its historical significance to the State. [12776/20]

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Written answers

As housing authorities, local authorities are responsible for the identification of the social housing need in their area. The statutory Summary of Social Housing Assessments (SSHA) carried out annually since 2016 captures the total number of households qualified for social housing support to better inform policy and to allow local authorities, such as Dublin City Council, to develop appropriate responses to meet this need.

Through the supports made available from my Department under Rebuilding Ireland, funding is available to deliver additional social housing stock through a range of initiatives. Under my Department’s Capital Assistance Scheme (CAS), capital funding may be provided, through housing authorities, to Approved Housing Bodies (AHBs) for the delivery of accommodation for people with specific categories of need.  It is a matter for individual housing authorities to prioritise projects to be advanced under CAS.  To date no proposal has been submitted from Dublin City Council in relation  to this property.

Legislative Measures

Questions (877)

Noel Grealish

Question:

877. Deputy Noel Grealish asked the Minister for Housing, Planning and Local Government if there is a more accurate description of the reserved function referenced in section 109 of the Housing Act 1966 listed in a more recent Act; and if he will make a statement on the matter. [12830/20]

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Written answers

Section 109 of the Housing Act 1966 provides that:

(1) A housing authority may perform any of their functions under this Act outside of their functional area.

(2) Where a housing authority intends to perform a function in the functional area of another housing authority, the authority by whom the function is intended to be performed and the other authority may make and carry out an agreement in relation to the function, and where an agreement is made under this section the parties to the agreement may terminate it at any time if they so agree.

(3) The making of an agreement under this section shall be a reserved function.

 A description of section 109 of the Housing Act 1966 is included in the list of Reserved Functions to be Performed by the Local Authority in Part 3 of Schedule 3 of the Local Government Reform Act 2014, which states:-

'The making of an agreement between authorities to enable a housing authority to perform any of its housing functions outside its functional area.' 

I am not aware of any other statutory description of the section 109 provision.

Social and Affordable Housing

Questions (878)

Paul McAuliffe

Question:

878. Deputy Paul McAuliffe asked the Minister for Housing, Planning and Local Government the sites in north-western areas of Dublin that have availed of the serviced sites fund. [12856/20]

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Written answers

The statutory basis for the delivery of affordable housing for purchase in the State is Part 5 of the Housing (Miscellaneous Provisions) Act, 2009 which were commenced in June 2018.  Regulations in respect of the making of a Scheme of Priority were signed in March 2019, and were subsequently issued to local authorities.  The Scheme of Priority sets out the affordable purchase arrangements at local authority level, including the methodology to be applied by local authorities to determine the order of priority to be accorded to eligible households where demand exceeds supply.  Further regulations are currently being drafted regarding eligibility and other matters.  

To support the delivery of the homes that will be made available by local authorities for purchase under the scheme, €310 million was made available under the Serviced Sites Fund (SSF).  This fund sub-vents the cost of facilitating infrastructure and a maximum SSF funding amount of €50,000 is available per affordable home.  On this basis, at least 6,200 more affordable homes, to buy or rent, can be facilitated by this measure alone.  This funding is being made available in areas where local authorities have demonstrated a requirement for more affordable housing and the viability to deliver such housing from their sites.  To date, funding of €127 million has been approved in principle to provide infrastructural work that will support 35 projects in 14 local authorities, delivering 3,200 homes.  

Details of all SSF projects that have received approval in principle under both SSF calls, including those in Dublin North, and the number of more affordable homes whose delivery will be supported by SSF funding are available on the Rebuilding Ireland website at the following links: 

Call 1:  https://rebuildingireland.ie/news/minister-murphy-gives-the-go-ahead-for-ten-local-authority-sites-for-affordable-housing-under-the-serviced-sites-fund/

Call 2:  https://rebuildingireland.ie/news/minister-murphy-approves-funding-of-e84m-to-support-delivery-of-1770-affordable-homes-under-the-ssf/

It is intended to issue a third call for proposals under the SSF to local authorities later this year.

Urban Renewal Schemes

Questions (879)

Frank Feighan

Question:

879. Deputy Frankie Feighan asked the Minister for Housing, Planning and Local Government the solutions being considered to address the large amount of urban decay in towns and villages nationwide, in particular old and dilapidated business premises; and if he will make a statement on the matter. [12924/20]

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Written answers

A number of actions have been taken in recent years, to address vacancy and dereliction in part of our towns and city.   A core principle of the Project Ireland 2040 and the National Planning Framework (NPF) published in 2018, is the promotion of compact urban growth and the re-use of brownfield sites.  This builds on the particular actions set out in Rebuilding Ireland Action Plan for Housing and Homelessness, published in 2016  in relation to the use of our existing housing stock.  

The NPF includes specific objectives to regenerate cities, towns and villages of all types and scale, and in particular to reverse the stagnation or decline of many smaller urban centres, including measure to reduce vacancy, re-use existing buildings and promote infill and area or site-based regeneration. 

The important roles of our towns and villages, is reflected in the Programme for Government with the proposed development of a “Town Centre First” policy.  Similarly, the Programme for Government commits to the development of the cities of Cork, Waterford, Limerick and Galway as viable alternatives to Dublin using Project Ireland 2040, to help regional towns prosper.  The Programme for Government notes the importance of balanced regional development in reducing environmental pressures and keeping our smaller urban centres vibrant. 

Local authorities have already been provided with a number of powers and measures to deal with the issue of vacancy and dereliction of in our urban centres. There also exists a framework of overarching policy and capital funding which provides support to development, including urban regeneration. 

From a legislative perspective, this includes for example, 

- the Derelict Sites Act 1990, which imposes a general duty on every owner and occupier of land to take all reasonable steps to ensure that the land does not become, or continue to be, a derelict site. The Act also imposes a duty on local authorities to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site;

- the Planning and Development (Amendment) (No.2) Regulations 2018, which came into operation on 8 February 2018, and provides for an exemption from the requirement to obtain planning permission in respect of the change of use of certain vacant commercial premises, including vacant areas above ground floor premises, to residential use. This measure is aimed at facilitating the productive re-use of qualifying vacant commercial buildings as homes, while also facilitating urban renewal and the bringing on stream of increased housing supply;

- the vacant site levy provisions in the Urban Regeneration and Housing Act 2015, under which planning authorities were empowered to apply a vacant site levy of 3% of the market valuation of relevant properties which were listed on local authority vacant site registers in 2018, which relevant owners were liable to pay in January 2019. The rate of the levy increased to 7% for sites listed on local authority vacant sites register from 2019 onwards which site owners became liable to pay in January 2020; and

- local authorities also have compulsory purchase order powers which can be used in certain circumstances to address these issues. 

From a funding perspective, significant resourcing is being provided to enhance the urban environment of our cities, towns and villages through the Urban Regeneration and Development Fund (URDF) and the Rural Regeneration and Development Fund established under Project Ireland 2040: The National Development Plan.  The URDF, which is the fund operated by my Department, was launched in 2018 and has an overall provision of €2 billion to 2027.   The URDF was established to support applicant-led projects that will contribute to regeneration and rejuvenation of Ireland’s five cities and other large towns, in line with the objectives of the NPF and the NDP. The aim is to achieve more compact,  sustainable and mixed use development, with a view to ensuring that more parts of our urban areas can become attractive and vibrant places in which people choose to live and work, as well as to invest and to visit. This will be done by supporting proposals that contribute to the re-development of key brownfield areas, including areas containing derelict sites and buildings, both by enabling infrastructure and new master-planned development proposals.  88 projects across the breadth of the country have been approved for URDF support thus far.  A second call for proposals was launched in January of this year.  The closing date for applications was 29 May 2020 and these applications are now being assessed. 

Under the National Vacant Home Reuse Strategy 2018-21, the Vacant Homes Unit in my Department has, since 2018, provided annual funding of €50,000 to each local authority to support the work of a Vacant Homes Office. Each such office is tasked to support, implement and further develop, update, monitor and review the progress of local authorities’ Vacant Homes Action Plans and actions to address vacant private housing; in addition to other core functions to identify and bring back vacant homes into use.  In addition, under the Rebuilding Ireland Action Plan on Housing and Homelessness, two schemes were introduced to assist in bringing vacant stock back into use.

- the Repair and Leasing Scheme introduced to assist property owners in bringing vacant properties back into use for social housing purposes. The scheme is particularly targeted at owners of vacant properties who cannot afford or access the funding needed to bring their properties up to the required standard for rental properties.

- the Buy and Renew Scheme introduced to support local authorities in purchasing and renewing housing units in need of repair which can then be made available for social housing use.  The Buy and Renew Scheme particularly focuses on older vacant homes to help tackle the problem of dereliction and improve the appearance of the community.  As a complementary initiative to the Repair and Leasing Scheme, it provides the option for suitable properties to be purchased rather than leased, if that is the preference of the owners of vacant properties.  

The regeneration of our towns and villages will remain an important component of urban policy and the Programme for Government in committing to the continuation of the URDF and RRDF, also proposes the bringing forward of an expanded town and village renewal scheme to bring vacant and derelict building back into use and promote residential occupancy.

Wastewater Treatment

Questions (880)

Duncan Smith

Question:

880. Deputy Duncan Smith asked the Minister for Housing, Planning and Local Government if a house must be in a catchment area identified as a prioritised area for action in accordance with the River Basin Management Plan 2018-2021 in order to qualify for the new domestic wastewater treatment grants as recently announced; if a house with a treatment system that needs an urgent upgrade can apply; and if he will make a statement on the matter. [13037/20]

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Written answers

Under the Water Services Acts 2007 and 2012 (Domestic Waste Water Treatment Systems) Regulations 2012, the owner of a domestic waste water treatment system is responsible for its maintenance and renewal  and shall ensure that its parts and components are fit for purpose, operational where appropriate and kept in good order and repair so as to prevent a risk to human health or environment. 

The Housing (Domestic Waste Water Treatment Systems Financial Assistance) Regulations (S.I. 184 of 2020), revises the grant scheme to support the remediation, repair or upgrading works to, or the replacement of a domestic waste water treatment system under the National Inspection Plan. 

Following an examination of the previous arrangements, consultation with stakeholders including local authorities, the Environmental Protection Agency and the Health Service Executive, and consideration of the matter by the Rural Water Working Group, the revised scheme brings into effect the following changes:

- The means test that previously applied to this grant scheme has been removed.

- The level of grant support has been increased to 85% of the eligible costs of approved works subject to a maximum grant of €5,000.  The maximum grant available previously was €2,500 or €4,000 depending on the financial means of the applicant. This represents an increase of 100% and 25%, respectively, relative to the previous maximum grant levels. 

Financial assistance has been expanded further with the introduction of two new grant schemes to support the attainment of water quality objectives in what are called 'prioritised areas for action' and ‘high status objective catchment areas", as outlined in the River Basin Management Plan for Ireland 2018-2021. In both of these schemes, the level of grant support is 85% of the eligible costs of approved works subject to a maximum grant of €5,000. The relevant Regulations are:

- Housing (Domestic Waste Water Treatment Systems Financial Assistance for Prioritised Areas for Action) Regulations 2020 (S.I. No. 185 of 2020).

- Housing (Domestic Waste Water Treatment Systems Financial Assistance for High Status Objective Catchment Areas) Regulations 2020 (S.I. No. 186 of 2020).

These schemes form part of the larger investment already being made through the Multi-Annual Rural Water Programme 2019-2021 to support the communities and local economies of Ireland, and are being administered by local authorities on behalf of the Department.  Details of the Terms and Conditions for each scheme be found on the Department’s website here.

Urban Regeneration and Development Fund

Questions (881, 882)

Fergus O'Dowd

Question:

881. Deputy Fergus O'Dowd asked the Minister for Housing, Planning and Local Government when he expects to announce the successful URDF projects for 2020; if the support of this Deputy will be noted for the port access northern cross route for Drogheda, County Louth (details supplied); and if he will make a statement on the matter. [13045/20]

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Fergus O'Dowd

Question:

882. Deputy Fergus O'Dowd asked the Minister for Housing, Planning and Local Government when he expects to announce the successful URDF projects for 2020; if the support of this Deputy for a project will be noted (details supplied); and if he will make a statement on the matter. [13046/20]

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Written answers

I propose to take Questions Nos. 881 and 882 together.

The Urban Regeneration and Development Fund (URDF) is providing funding assistance for applicant-led proposals that will contribute to the regeneration and rejuvenation of Ireland’s five cities and other large towns, in line with the objectives of the National Planning Framework and National Development Plan.  Projects that are supported will enable a greater proportion of residential and mixed-use development to be delivered within the existing built-up footprints of our cities and large towns, while also ensuring that more parts of our urban areas can become attractive and vibrant places in which people choose to live and work, as well as to invest and to visit. 

Applications for funding support in respect of the two projects in question were recently received from Louth County Council under Call 2 of the Fund.  The closing date for applications under Call 2 was 29 May.  A large number of proposals were received, with every local authority submitting at least one application for URDF support.   

Because of the nature of the URDF programme the proposals are very complex, and each will require detailed assessment.  The assessment process will take place over the coming months with the intention that a new tranche of approved proposals, which will augment the existing pipeline of projects from Call 1 and contribute to the achievement of NPF objectives, will be announced later in the year.

Covid-19 Pandemic

Questions (883, 884, 896, 904)

Joe O'Brien

Question:

883. Deputy Joe O'Brien asked the Minister for Housing, Planning and Local Government if an extension to the three-month moratorium on evictions due to expire on 30 June 2020 has been considered particularly for persons with an underlying health condition; and if he will make a statement on the matter. [13075/20]

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Johnny Mythen

Question:

884. Deputy Johnny Mythen asked the Minister for Housing, Planning and Local Government if the ban on evictions and rent increases will be extended to at least the end of 2020 in order to protect persons from homelessness and give local government the space to cope with an overburdened housing crisis with diminished funds due to Covid-19. [13230/20]

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Seán Haughey

Question:

896. Deputy Seán Haughey asked the Minister for Housing, Planning and Local Government if he is considering extending the ban of housing evictions due to Covid-19; if tenants engaging in antisocial behaviour will be excluded from such a ban; and if he will make a statement on the matter. [13416/20]

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Gary Gannon

Question:

904. Deputy Gary Gannon asked the Minister for Housing, Planning and Local Government if the rent freeze and ban on evictions beyond July 2020 will be extended until the end of January 2021 to provide stability and security for renters that will be disproportionately affected by Covid-19 and the financial aftermath of same. [13625/20]

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Written answers

I propose to take Questions Nos. 883, 884, 896 and 904 together.

With effect from 27 March 2020, under new emergency measures introduced into law to protect tenants during the COVID-19 emergency period, tenants cannot be forced to leave their rental accommodation, other than in exceptional circumstances. The measures also prohibit any increase to rent for the duration of the emergency period. These emergency laws initially applied for a period of 3 months from the enactment of the Emergency Measures in the Public Interest (Covid-19) Act 2020 but, on the request of the former Minister for Housing, Planning and Local Government, the former Government, by Order, extended their application until 20 July 2020.

Under the legislation, the process for any extension of the COVID-19 emergency period involves the Minister for Housing, Planning and Local Government requesting the Government to make an Order, having consulted with the Minister for Health and with the consent of the Minister for Public Expenditure and Reform.  The Government must consider it appropriate and be satisfied that it is in the public interest to extend the emergency period having regard to the following: 

- the threat to public health;  

- the highly contagious nature of COVID-19; and 

- the need to restrict the movement of persons to prevent the spread of COVID-19.   

Any future request to Government to make an Order to extend the emergency period will be made at the appropriate time and in accordance with the Emergency Measures in the Public Interest (Covid-19) Act 2020. 

Where a tenant is engaging in anti-social behaviour, a notice of termination cannot be served during the emergency period; however, tenants must continue to pay rent and observe the other normal terms and conditions of their lease. An Garda Síochána should be contacted, if necessary, to safeguard the local community and property.

The RTB would encourage landlords and tenants to communicate with each other during the emergency period to see if a resolution to any disputes can be found. The RTB is also encouraging all customers who may require assistance or advice to contact them via their web chat service as there may be delays to their phone lines during the emergency period. The webchat service can be accessed at the following link: https://onestopshop.rtb.ie/contact-us/.

Covid-19 Pandemic

Questions (885, 888, 906)

Johnny Mythen

Question:

885. Deputy Johnny Mythen asked the Minister for Housing, Planning and Local Government if a debt resolution mechanism will be established to protect tenants that have lost their employment due to Covid-19. [13231/20]

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Johnny Guirke

Question:

888. Deputy Johnny Guirke asked the Minister for Housing, Planning and Local Government the measures he plans to put in place to control the excess rent requirement in view of increased rents, leading to increasingly unaffordable excess rent payable by renters within the HAP system. [13330/20]

View answer

Gary Gannon

Question:

906. Deputy Gary Gannon asked the Minister for Housing, Planning and Local Government if rent arrears accrued by tenants during the lockdown period of Covid-19 will be cancelled. [13658/20]

View answer

Written answers

I propose to take Questions Nos. 885, 888 and 906 together.

Tenants are required to pay rent to their landlord during the COVID-19 emergency period and, in the event of tenants having difficulty doing so, they are encouraged to engage with their landlords at the earliest opportunity.  They should also engage with the Department of Employment Affairs and Social Protection (DEASP) as income supports and Rent Supplement are available to assist them.  Further information on these supports can be found by calling the DEASP Income Support Helpline for Covid-19 on 1890 800 024 or by visiting the DEASP website at:

https://www.gov.ie/en/organisation/department-of-employment-affairs-and-social-protection/?referrer=https://www.welfare.ie/en/Pages/home.aspx 

My Department and the RTB urge landlords to consider the negative impacts of COVID-19 on their tenants and to show forbearance where temporary rent arrears might arise. My Department is conducting a piece of research on the potential accumulation of rent arrears during the emergency period in conjunction with the ESRI as part of the established Department/ESRI housing research programme.  The research will have regard to the range of rental and income supports being made available to those affected by COVID-19, and will assess the combined impact that these supports together with the changed consumption patterns have on the incidence of arrears.

My Department recently published a Guidance Document on COVID-19 supports for landlords and tenants, which sets out the emergency rental measures and income and other supports available to tenants and landlords during the emergency period.   The Guidance document is available at: 

https://onestopshop.rtb.ie/images/uploads/general/COVID_Update_Guidance_Document_final.pdf 

and a list of Frequently Asked Questions has been developed and is available at:

https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/FAQs_on_Emergency_Legislation_Final.pdf 

The RTB is encouraging all customers who may require assistance or advice, including in relation to any threatened eviction, to contact them via their web chat service as there may be delays to their phone lines during the emergency period. The webchat service can be accessed at the following link: https://onestopshop.rtb.ie/contact-us/ .

Under the Housing Assistance Payment (HAP) scheme, a tenant sources their own accommodation in the private rented market. The tenancy agreement is between the tenant and the landlord and is governed by the Residential Tenancies Act 2004, as amended.  HAP supported tenancies are afforded the same protections as all private rented tenancies.  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.

My Department is aware that some HAP recipients are making payments directly to their landlords, beyond the amount of HAP being paid on their behalf. There is no legislative provision precluding HAP supported households contributing towards the monthly rent to their landlord beyond that of their HAP payment. However, decisions in relation to HAP, including the suitability of HAP accommodation, is solely a matter for the local authority concerned and local authorities have a responsibility to ensure that tenancies are sustainable and are advised not to provide HAP support to tenancies where the household would not be in a position to meet the rental costs being sought.

Where HAP tenants are not financially impacted by the COVID-19 measures, they are expected to continue to pay their HAP differential rent.  However, if tenants’ circumstances change, the local authority should reassess those tenants and adjust their differential rent accordingly. Local authorities have been requested to ensure that HAP tenants newly in receipt of Department of Employment Affairs and Social Protection (DEASP) supports be facilitated in remaining in their HAP tenancies. If amendments cannot be made immediately to a tenant’s differential rent amount, any arrears accumulating from the date of approval of the new DEASP support should be rectified at a later date.   This will not affect the HAP payment to the landlord.

The DEASP Rent Supplement scheme continues to play a key role in supporting families and individuals in private rented accommodation, with the scheme currently supporting approximately 21,200 recipients. The scheme provides short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The scheme ensures that renters experiencing a temporary loss of employment during the COVID-19 emergency can continue to meet their rental commitments.

Since the introduction of the former Government’s COVID-19 emergency response approximately, 6,700 customers have been provided Rent Supplement support; in addition, there are currently, approximately, 1,100 pending applications awaiting a decision or in the process of providing the necessary documentation to the officer dealing with their claim. The DEASP response to the COVID-19 emergency has ensured the flexibility of the Rent Supplement scheme via specific measures to prevent undue delays in processing applications despite the large number of new cases received over a relatively short timeframe. The 2/3 day turnaround of applications ensures that customers do not build up rent arrears and officers attempt to ensure that a person's rental obligations are met in full.

The DEASP Supplementary Welfare Allowance (SWA) scheme offers a safety net within the overall social welfare system by providing assistance to those whose means are insufficient to meet their own needs and those of their dependents.  The main purpose of the scheme is to provide immediate and flexible assistance to those in need who do not qualify for payment under other State schemes.  There are several payments within the scheme including once-off exceptional needs payments (ENPs) which can cover rent arrears.

Where a person has a change of circumstances, such as a loss of income, they should notify the relevant local authority in the case of a HAP claim, or the DEASP for Rent Supplement to assess the level of any payment that can be made.

Planning Appeals

Questions (886)

Verona Murphy

Question:

886. Deputy Verona Murphy asked the Minister for Housing, Planning and Local Government the number of decisions of An Bord Pleanála that have been the subject of judicial review proceedings in the past ten years; the number of decisions of An Bord Pleanála quashed by the courts; the number of High Court cases appealed to a higher court; the success rate on appeal for An Bord Pleanála; the number of times An Bord Pleanála conceded to the plaintiff in a judicial review case; the number of times legislation has been amended as a result of decisions of the courts; the legal firm and barristers that represented An Bord Pleanála in each case; the legal costs for each member of the legal team by case in the past ten years; the legal costs of the plaintiffs in circumstances in which An Bord Pleanála lost or did not concede by case; and the details of legal costs including persons paid and payments to the legal team of the plaintiff in cases in which An Bord Pleanála conceded without trial. [13261/20]

View answer

Written answers

The recording of court cases is one in which I have no statutory function and is a matter for the Courts Service which is statutorily independent. Judicial Reviews against the State, which my Department may be included as a party, are co-ordinated by the Chief State Solicitors Office under the guidance of the Attorney General's Office.

Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

An Bord Pleanála can be challenged by Judicial Review on a range of its functions and they publish an update on legal cases in their Annual Report. Local authorities may also be subject to Judicial Review on a range of their functions and therefore it is a matter for each local authority and their respective legal teams to record.

In accordance with the Department of Public Expenditure and Reform's Circular 25/2016 entitled "Protocol for the Provision of Information to Members of the Oireachtas by State Bodies", the Board has the necessary arrangements in place to deal directly with enquiries from Oireachtas members, including a dedicated email address (oireachtasqueries@pleanala.ie) and webpage:  http://www.pleanala.ie/about/oireachtasqueries.htm. 

Social and Affordable Housing

Questions (887)

Robert Troy

Question:

887. Deputy Robert Troy asked the Minister for Housing, Planning and Local Government if a list of new build social houses will be published for each of the years 2016 to 2019, by local authority; and the target for each year in tabular form. [13296/20]

View answer

Written answers

My Department publishes comprehensive statistics on a quarterly basis on all social housing delivery activity under Rebuilding Ireland. This is published on the statistics page of my Department’s website, at the following link:

https://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision

This data provides a breakdown of social housing delivery across a range of mechanisms.

In addition to the statistical overview of activity in each local authority, a detailed Social Housing Construction Status Report is published each quarter which provides scheme level detail on new build activity under Rebuilding Ireland. The most recent publication covers the period up to the end of Q4 2019 and is available on the Rebuilding Ireland website at the following link:

https://rebuildingireland.ie/news/minister-murphy-publishes-social-housing-construction-status-report-for-q4-2019-2/

This is sorted by local authority, and gives a list of the individual projects that make up the new Build programme for that local authority (excluding Part V delivery).

A version of this file can be downloaded at the following link and used for various analysis in terms of stage of activity, location, quarter of completion, number of homes etc.

https://data.gov.ie/dataset/social-housing-construction-status-report-q4-2019

In terms of targets, all local authorities were issued with targets in April 2015 that covered the period out to 2017 under the Social Housing Strategy.  This released €1.5 billion for nearly 23,000 new social housing units to be delivered via a combination of building, buying and leasing schemes. It did not further disaggregate targets into Build in isolation.

Following the publication of Rebuilding Ireland, there were increased national targets for social housing delivery, and a more nuanced focus on specific delivery categories. From 2018, local authorities were given 4 year overall social housing delivery targets, followed by annual targets, and they are working towards these targets to end 2021. In order to drive transparency and accountability at local level these targets were published on the Rebuilding Ireland (https://rebuildingireland.ie/news/minister-murphy-publishes-social-housing-delivery-targets-for-local-authorities-2018-2021/) and delivery against target is tracked on a quarterly basis. 

Overall targets for each year under Rebuilding Ireland, and delivery against these targets is available at this link:

https://www.housing.gov.ie/sites/default/files/attachments/table_rebuilding_ireland_targets_and_progress_updated_for_2019_delivery.xlsx

Question No. 888 answered with Question No. 885.
Question No. 889 answered with Question No. 873.

Building Regulations

Questions (890, 891)

Cian O'Callaghan

Question:

890. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the percentage of overall new builds in 2019 and 2020 that have a heat pump; if he has considered updating the building regulations to make fossil fuel free energy systems a requirement for each new building to avoid future retrofit costs; and if he will make a statement on the matter. [13391/20]

View answer

Cian O'Callaghan

Question:

891. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the percentage of social housing unit builds in 2019 and 2020 that have a heat pump; if he has considered updating the building regulations for social housing units to make fossil fuel free energy systems a requirement for new social housing units to avoid future retrofit costs; and if he will make a statement on the matter. [13392/20]

View answer

Written answers

I propose to take Questions Nos. 890 and 891 together.

The Nearly Zero Energy Building (NZEB) requirement applies to all new dwellings – including social housing -   which commenced construction from November 2019 subject to transition arrangements.

An NZEB dwelling is one that has a very high energy performance, as determined in accordance with Annex I of the EU Energy Performance of Buildings Directive Recast (EPBD Recast) 2010/31/EU of 19th May 2010. The nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby.

My Department has progressively updated Part L of the Building Regulations, relating to the Conservation of Fuel and Energy in Dwellings, over the last decade in order to improve the energy and carbon dioxide emissions performance of all new dwellings to achieve these “NZEB” performance levels – which are equivalent to an A2 Building Energy Rating (BER) for a typical dwelling.

The performance requirements in building regulations are set at the cost optimal level which ensure that the best energy performance is obtained for the lowest lifecycle cost taking account of capital cost and operating costs. The cost optimal calculations are reviewed every 5 years.

A range of solutions can be used to achieve these performance requirements. The advanced performance requirements in the current regulations combined with a mandatory renewables requirement, is creating a rapid transition to low carbon heating systems in all new dwellings.  New social housing is subject to these same requirements.

Builders and homeowners have a choice in deciding which energy system best suits their needs. The regulations encourage the use of renewable technologies and the move away from traditional fossil fuels.  This strategy is working based on CSO statistics– the installation of oil boilers has dropped from 36% to 4% in new dwellings.  Electrical heating systems which are primarily heat pumps has increased to 44% in new dwellings in recent years and continue to increase their market share every quarter. There are no statistics available on the percentage of new social housing specifically that have a heat pump however it is expected that it would follow the national trend for all new dwellings.

It is estimated that the cumulative improvements to regulations mean that a dwelling built to the 2011 Part L regulations requires 90% less energy than the equivalent dwelling built in 1978 to deliver the same standards of heat, hot water and light.  This shows the very significant progress that has already been made in the standards for new buildings.

Homeless Persons Data

Questions (892)

Cian O'Callaghan

Question:

892. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the number of persons sleeping rough in Dublin; and if he will make a statement on the matter. [13394/20]

View answer

Written answers

My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level.  Statutory responsibility in relation to the provision of accommodation and associated services for homeless persons rests with individual housing authorities and the Dublin Region Homeless Executive in Dublin.

In the Dublin region, an official rough sleeper count is conducted twice yearly, in April and November, by the Dublin Region Homeless Executive (DRHE).  The latest official Dublin Region rough sleeper count took place on the night of 26 November 2019.  A total of 90 individuals were identified sleeping rough.  This was the lowest figure for a winter rough sleeper count since 2015.   The count scheduled for April 2020 was deferred due to Covid-19.

The DRHE has put in place an assertive outreach service to engage with individuals who are rough sleeping, to encourage them to avail of accommodation and related supports.  This work is continuing as normal during the COVID-19 response in accordance with public health guidelines. The DRHE has reported to my Department that a considerable number of individuals have availed of accommodation and supports in recent months.

Social and Affordable Housing

Questions (893)

Cian O'Callaghan

Question:

893. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the numerical definition of an affordable house used by his Department; and if he will make a statement on the matter. [13395/20]

View answer

Written answers

I assume the Deputy is referring to the income levels that would define eligibility in the case of affordable dwelling purchase arrangements under Part 5 of the Housing (Miscellaneous Provisions) Act 2009.  

The main eligibility criteria for an Affordable Dwelling Purchase Arrangement under Part 5 is that the net income of the applicant household be such that the repayments on a (90%) mortgage for the purchase of a suitable home at market value would exceed 35% of that net income. As such, and in the case of dwellings that any housing authority is advertising for sale under the affordable purchase scheme, it will be possible for the authority to express eligibility as a simple income limit in each case.  

If the household's repayment on a mortgage for a suitable dwelling would not exceed 35% of net household income, then that household would not be deemed eligible to apply for an affordable home under the scheme. 

Further Regulations are currently being drafted under Part 5 to prescribe a definition of income and the interest rate and mortgage duration to be used in making the above calculation.  When the operational procedures for the scheme are finalised, and before dwellings are made available for purchase under the scheme, a programme of communication will be undertaken by my Department and local authorities.

Social and Affordable Housing

Questions (894)

Cian O'Callaghan

Question:

894. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the number of 733 Part V units delivered under the social housing current expenditure programme for 2019 that were lease to buy units in which the title transfers at the end of the lease period; the number that were straight leases in which the title remains with the developer and landlord at the end of the lease period; and if he will make a statement on the matter. [13400/20]

View answer

Written answers

733 Part V dwellings delivered in 2019 were supported under the Social Housing Current Expenditure Programme (SHCEP).  719 of these dwellings were Part V's delivered under the Capital Advance Leasing Facility (CALF) and are owned by the relevant Approved Housing Body. The remaining 14 dwellings were delivered under a Part V Lease and will revert to the private owner at the end of the lease term. The relevant local authority may seek to renew the lease or acquire the property at the end of the lease term.

Table: SHCEP Part V Delivery 2019 – Ownership  

Source 

 No. of Dwellings

CALF Part V (AHB Ownership)

 719

 Part V Lease (Private Ownership)

 14

 Total

 733

Social and Affordable Housing

Questions (895)

Cian O'Callaghan

Question:

895. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the number of the 589 local authority Part V units in 2019 that were provided on and off-site, respectively; and if he will make a statement on the matter. [13401/20]

View answer

Written answers

Part V of the Planning and Development Act 2000, as amended, requires that every planning permission to which the Part applies contains a condition that a Part V agreement be entered into between the developer and the planning authority for the transfer of land or units to the planning authority for the provision of social and affordable housing. When submitting a planning application, developers must specify how they intend to comply with these obligations.

My Department publishes statistical data in relation to Part V output on the Department web site. The latest data is accurate to end 2019 can be found at the following link: https://www.housing.gov.ie/housing/statistics/affordable-housing/affordable-housing-and-part-v-statistics

Additional Part V data relating to delivery to end Q4 2019 is available at the following link: https://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision

A breakdown of Local Authority Part V units delivered in 2019, broken down by on-site and off-site delivery can be found in the table below.

Part V Social Housing acquired by local authority - Onsite and Offsite Units

Local Authorities

Onsite Units

Offsite Units 

Carlow County Council

5

0

Cavan County Council

0

0

Clare County Council

0

0

Cork City Council

78

4

Cork County Council

49

3

Dún Laoghaire-Rathdown

9

4

Donegal County Council

0

0

Dublin City Council

16

15

Fingal County Council

36

6

Galway City Council

4

2

Galway County Council

26

1

Kerry County Council

1

3

Kildare County Council

59

9

Kilkenny County Council

0

0

Laois County Council

6

0

Leitrim County Council

0

0

Limerick City and County Co

24

0

Longford County Council

0

0

Louth County Council

0

0

Mayo County Council

6

2

Meath County Council

88

0

Monaghan County Council

10

0

Offaly County Council

0

0

Roscommon County Council

0

0

Sligo County Council

6

1

Sth Dublin County Council

47

2

Tipperary County Council

3

1

Waterford City and County Council

16

0

Westmeath County Council

2

3

Wexford County Council

25

0

Wicklow County Council

17

0

Total

533

56

In addition to the 589 Part V homes listed, 14 homes were secured by Local Authorities under Part V leases in 2019. 

Question No. 896 answered with Question No. 883.

Local Authority Rates

Questions (897)

Mattie McGrath

Question:

897. Deputy Mattie McGrath asked the Minister for Housing, Planning and Local Government the reason local authorities have sent rates demands for the full annual rates bill; the reason the rates waiver has not been applied; if details have been finalised with the local authorities in relation to the rates waiver and the way in which it is to be implemented; when the details will be finalised; the reason for the delay in finalising this matter; if he will consider extending the moratorium for a further period to support businesses that have lost out on business for over three months to date; and if he will make a statement on the matter. [13428/20]

View answer

Written answers

The levying and collection of rates are legally matters for each individual local authority. Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes. 

In order to support the local government sector, my Department is continuing to keep local authority income, expenditure and cash flow generally under review and will work with all local authorities on both collective and individual issues arising.  In addition, my Department has previously engaged with the Departments of the Taoiseach, Public Expenditure and Reform, and the former Departments of Business, Enterprise and Innovation, Employment Affairs and Social Protection, and Transport, Tourism and Sport in relation to commercial rates and local authority funding issues, as well as the role that local authorities may be in a position to play in supporting economic recovery. 

To that end, on 2 May 2020, the then Government announced that a waiver of commercial rates would apply to all businesses that have been forced to close due to public health requirements, from 27 March 2020, for a three-month period. These costs will be met by the Exchequer.  The administration by local authorities of this measure will be by way of a credit in lieu of commercial rates.  My Department is currently preparing further guidance on the scope and application of the waiver for local authorities.  Until such time as such guidance is finalised, local authorities continue to levy rates demands as normal.

The approved Programme for Government - Our Shared Future, commits to setting out how commercial rates will be treated for the remainder of 2020, as a priority action for the new Government.

In order to support the local government sector generally, I will ensure that my Department will continue to keep local authority income, expenditure and cash flow generally under review and will continue to work with all local authorities, both collectively and individually, on issues arising.

Commercial Rates

Questions (898)

Mattie McGrath

Question:

898. Deputy Mattie McGrath asked the Minister for Housing, Planning and Local Government the length of time it takes to process an appeal with the Valuation Tribunal; the reason for such a delay in which a higher rates demand is under appeal; if the business has to pay the previous rates amount or the new amount under appeal; and if he will make a statement on the matter. [13429/20]

View answer

Written answers

The Valuation Tribunal is an independent appeal body established and operating under the Valuation Acts of 1988 and 2001. It deals with appeals against decisions of the Commissioner of Valuation on the valuation of commercial properties for rating purposes and appeals against determinations of market value on derelict sites or vacant sites made by local authorities under the Derelict Sites Act 1990 and the Urban Regeneration and Housing Act 2015.

The Tribunal has experienced unprecedented levels of appeals in recent years in the context of the National Revaluation Programme being carried out by the independent Commissioner of Valuation.  At the beginning of 2020 some 2,600 appeals were on hand with the average length of time to determine an appeal at approximately 18 months.

A number of measures have been put in place in order to support the expedited processing of appeals. One of the new provisions introduced under the Valuation (Amendment) Act, 2015 provides for appeals to be determined by a single member of the Tribunal based on written documentation obviating the need to holding a hearing.  Other developments include the introduction of a call-over system allowing an opportunity for parties to review their options and a recent revision of the Tribunal rules. My Department is working with the Valuation Tribunal on further measures to help deal with cases on hands and those anticipated in the future as quickly as possible.

Under the legislation, notwithstanding any appeal or notice of appeal, the current rate is levied and payable as if no appeal had been made, until the appeal is decided.

Brexit Issues

Questions (899)

Patricia Ryan

Question:

899. Deputy Patricia Ryan asked the Minister for Housing, Planning and Local Government if UK citizens resident here will continue to be allowed to vote in European elections when the UK exits the European Union; and if he will make a statement on the matter. [13529/20]

View answer

Written answers

Under Part II of the Electoral Act 1992, a person is entitled to be entered on the register of electors if that person:

- has reached the age of 18 years, and

- is ordinarily resident in a constituency in the State.

Subject to the age and residency requirements, a registered elector’s citizenship then determines the polls at which he or she is entitled to vote.  Irish citizens alone are entitled to vote at all elections (i.e. local, European, Dáil, and presidential) and at referendums.  Citizens of Member States of the European Union may vote at European Parliament and local elections.  Non-EU citizens may vote at local elections only.

In addition, under the Common Travel Area agreement, reciprocal arrangements are in place with regard to voting rights between Irish citizens resident in the United Kingdom and British citizens resident in Ireland.  In this regard, British citizens resident in Ireland are also eligible to vote at elections to Dáil Éireann as well as at local elections.

Under European Union law, only citizens of the European Union have the right to vote (and stand for election) in European Parliament elections.  As the United Kingdom legally departed the European Union when the Withdrawal Agreement entered into force on 1 February 2020, British citizens residing in Ireland no longer have a right to vote at, or stand as candidates in, future elections to the European Parliament held in Ireland.

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