Dáil Éireann Debate, Thursday - 10 December 2020
256. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Local Government and Heritage his plans to bring forward legislation on the issue of overcrowding in private rented accommodation; and if he will make a statement on the matter. [42672/20]
View answerPart IV of the Housing Act 1966 deals with overcrowding and establishes effective limits on the numbers of people that can occupy the same bedroom. The Act requires, inter alia, that there is at least 400 cubic feet of free air space for each person in a bedroom. Local Authorities are responsible for the enforcement of this legislation.
Under the Act, a housing authority may request information from the owner or occupier of a house such as will allow that authority to determine if a house can be deemed to be overcrowded, having regard to section 63 of the Act.
Under the Act, a local authority can prohibit the use of an overcrowded dwelling, irrespective of whether it is being let or not, and can serve notice on the owner of a dwelling specifying the maximum number of persons that may occupy it without causing overcrowding. If the owner of a house is causing or permitting the house to be overcrowded, the authority can require the owner to desist from this within a period not exceeding 21 days. Any person who neglects or refuses to comply with these requirements is guilty of an offence and shall be liable on summary conviction to a class C fine not exceeding €2,500 and/or to imprisonment for up to one month.
Overcrowding may give rise to concerns in respect of fire safety, and may lead to enforcement action by fire authorities.
I am committed to empowering local authorities to deal with overcrowding more effectively. My Department is currently working on proposed legislative changes to the Housing Act 1966 which are designed to strengthen the statutory framework for the enforcement of the Act's overcrowding provisions by:
- Empowering local authorities to enter a house without prior notice for the purposes of establishing whether it is overcrowded
- Increasing penalties for refusing to give information or giving false information
- Increasing penalties for causing or permitting overcrowding
- Empowering local authorities to seek an order of the High Court stating the maximum number of occupants permitted or requiring a house to be vacated
