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Wednesday, 27 Jan 2021

Written Answers Nos. 323-342

Probate Data

Questions (323)

Thomas Gould

Question:

323. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of properties currently in probate. [3812/21]

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Written answers

I am informed by the Property Registration Authority (PRA) that, as a registering authority, the PRA is part of the process of dealing with property involving probate on foot of applications for registration lodged with it, but it has no involvement in the process of extracting the Grant of Probate. I am further informed that a number of application types require that the PRA has sight of the original or a certified copy of a Grant of Probate; however, it is not in a position to provide any information regarding the number of properties currently in probate.

Derelict Sites

Questions (324)

Thomas Gould

Question:

324. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage his plans to supply funding to local authorities for compulsory purchase of derelict sites; and if he will make a statement on the matter. [3813/21]

View answer

Written answers

Local authorities are empowered under a number of statutes to acquire land, by agreement or compulsorily, for the purposes of performing any of its functions, including any derelict site situated within their functional area under the Derelict Sites Act 1990. In this context, the exercise of compulsory purchase powers to acquire land is a matter for local authorities and is subject to confirmation by An Bord Pleanála through the appropriate statutory procedure.

My Department can provide full funding to local authorities for sites on which they bring forward suitable new social housing construction projects, including sites acquired by compulsory purchase orders. The Programme for Government commits to the delivery of 50,000 new social homes, with a focus on new build, and local authorities will be supported to acquire the appropriate sites to deliver this build progamme.

Covid-19 Pandemic

Questions (325)

Cathal Crowe

Question:

325. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if public realm enhancement works being undertaken by local authorities can continue during level 5 Covid-19 restrictions. [3862/21]

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Written answers

The advancement of each URDF supported project is, in the first instance, a matter for the individual local authority involved. It is also a matter for each local authority as an independent statutory body to establish whether their projects can be considered essential by reference to the relevant regulations concerning restrictions during the current Covid 19 lockdown (The Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No.10) (Amendment) Regulations 2021) which amends the Health Act 1947 (Section 31A - Temporary Restrictions) (COVID-19) (No. 10) Regulations 2020).

Capital Assistance Scheme

Questions (326)

Pádraig MacLochlainn

Question:

326. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the amount of funding allocated to the capital assistance scheme in the past three years; the breakdown in funding by local authority; the amount drawn down in each year; the number of applications made; the number of the applications specifically made to housing projects for persons with disabilities in tabular form; and if he will make a statement on the matter. [3867/21]

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Written answers

Information on the funding provision under the Capital Assistance Scheme (CAS) to each of the local authorities is set out below, for each of the three years 2018-20. Under CAS, funding of up to 100% of project costs may be advanced by local authorities to Approved Housing Bodies to provide accommodation for priority categories on the waiting list including elderly, people/families who are homeless and people with a disability.

Local Authority

2018

2019

2020

Carlow

1,007,013

943,064

2,968,399

Cavan

0

2,827,500

0

Clare

1,649,920

1,145,838

3,262,567

Cork City

2,817,421

5,535,170

7,116,166

Cork County

4,534,514

1,830,693

2,004,492

Donegal

414,745

0

1,354,588

Dublin City

19,225,212

17,012,458

19,791,071

Dun Laoghaire-Rathdown

5,149,732

1,484,998

3,926,540

Fingal

7,833,104

6,339,878

8,813,233

Galway City

489,288

2,414,593

1,933,938

Galway County

1,233,262

4,147,467

2,107,928

Kerry

1,805,031

1,235,936

1,176,653

Kilkenny

9,663,503

16,418,993

10,558,183

Kildare

3,160,893

2,933,821

4,564,808

Laois

97,783

86,764

373,126

Leitrim

39,853

47,968

0

Limerick City & County

7,445,546

6,818,975

3,084,746

Longford

0

0

272,819

Louth

1,136,852

159,505

773,673

Mayo

1,043,931

719,670

159,380

Meath

0

4,052,652

0

Monaghan

51,125

0

2,610,677

Offaly

1,065,744

1,780,485

2,449,387

Roscommon

270,300

0

0

Sligo

838,425

1,160,965

654,672

South Dublin

2,427,718

7,112,723

3,913,263

Tipperary

4,387,125

2,016,578

1,277,614

Waterford

994,532

2,470,188

4,609,111

Westmeath

293,513

0

661,945

Wexford

671,410

1,460,083

2,158,037

Wicklow

903,000

5,546,091

2,554,396

Totals

80,650,495

97,703,056

95,131,412

Details of the CAS housing units delivered are available on my Department’s website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/#local-authority-acquisition. Data in relation to 2020 delivery is currently being finalised with the local authorities and will be published as soon as possible.

My Department does not have data on the precise applications to local authorities under CAS broken down between the different categories of possible tenants, including people with a disability. At the time of an application, the eventual allocation of the new housing may not be finalised. For example, new CAS housing units may be developed with accessibility or mobility-friendly features built in, but could equally be allocated to a person with disability or to an elderly person. The final allocation may only be decided on completion of the housing and may depend on who is on the Council’s waiting list at that time.

National Parks

Questions (327)

Brendan Griffin

Question:

327. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if a matter will be investigated regarding the case of a person (details supplied); and if he will make a statement on the matter. [3896/21]

View answer

Written answers

The property in question is in Killarney National Park and is part of the Bourne Vincent Memorial Estate.

Given that legal proceedings are underway in this matter, I am precluded from comment at this time.

Housing Assistance Payment

Questions (328)

Thomas Gould

Question:

328. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of persons in receipt of 5%, 10%, 20% and over 20% top-ups on their HAP by local authority in 2020. [3898/21]

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Written answers

Under the HAP scheme, tenants source their own accommodation in the private rented market. 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 to secure appropriate accommodation for a household that requires it, or up to 50% in the case of homeless households in the Dublin region. It is a matter for the local authority to determine, on a case by case basis, whether, and to what extent, the application of the flexibility is warranted.

The table below shows the number of households at the end of Q3 2020, broken down by local authority, who are in receipt of discretion.

Discretion Bands @ 30-09-2020

Local Authority

1%-5%

6%-10%

11%-15%

16%-20%

>20%

Grand Total

Carlow County Council

14

12

33

229

288

Cavan County Council

6

8

8

107

129

Clare County Council

9

29

53

759

850

Cork City Council

120

181

124

1132

1557

Cork County Council

20

71

65

619

775

Donegal County Council

1

103

104

Dublin City Council

385

364

363

1648

3669

6429

Dun Laoghaire Rathdown County Council

26

33

53

503

372

987

Fingal County Council

142

196

193

689

879

2099

Galway City Council

102

138

153

982

1375

Galway County Council

19

47

85

403

554

Kerry County Council

5

90

32

683

810

Kildare County Council

199

125

219

652

1195

Kilkenny County Council

3

4

1

217

225

Laois County Council

8

31

22

502

563

Leitrim County Council

1

51

52

Limerick City & County Council

18

51

15

401

485

Longford County Council

2

12

5

136

155

Louth County Council

90

81

158

785

1114

Mayo County Council

44

53

103

946

1146

Meath County Council

190

121

199

1076

1586

Monaghan County Council

12

20

12

393

437

Offaly County Council

59

1

212

272

Roscommon County Council

2

9

16

139

166

Sligo County Council

7

9

9

41

66

South Dublin County Council

48

131

83

226

1162

1650

Tipperary County Council

8

74

30

397

509

Waterford City & County Council

10

65

37

666

778

Westmeath County Council

11

46

45

220

322

Wexford County Council

21

80

54

475

630

Wicklow County Council

36

59

44

353

492

Grand Total

1557

2201

2215

15745

6082

27800

Departmental Reviews

Questions (329)

Éamon Ó Cuív

Question:

329. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when it is planned to publish the review of the tenant purchase incremental scheme 2016; when the review was completed; when it is planned to reform the scheme; and if he will make a statement on the matter. [3949/21]

View answer

Written answers

The Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.

A review of the first 12 months of the Scheme’s operation has been undertaken. In addition, the Programme for Government commits to maintaining the right of social housing tenants to purchase their own home with some changes to eligibility. The review and the commitments in the Programme for Government are being examined as part of the work on the broader social housing reform agenda. I expect to be in a position to finalise changes to the Scheme once the work on these reform measures is complete.

Housing Inspections

Questions (330)

Fergus O'Dowd

Question:

330. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if housing assistance payment, HAP, inspections are being carried out by local authorities during level 5 restrictions; if not, if he will consider reviewing the matter on the basis that the number awaiting inspection will continue to grow to an unmanageable level; and if he will make a statement on the matter. [3987/21]

View answer

Written answers

The minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019. All landlords have a legal obligation to ensure that their rented properties comply with these Regulations. Responsibility for enforcement of the Regulations rests with the relevant local authority.

The HAP scheme is underpinned by the Housing (Miscellaneous Provisions) Act 2014. Under section 41 of the 2014 Act, local authorities are required to commence the inspection process within 8 months of HAP support being provided in relation to a particular dwelling, if the dwelling was not already inspected within the previous 12 months. Local authorities carry out HAP inspections and any follow up actions as part of their overall private rented inspections programme.

Given the need for inspectors to enter tenants’ homes, Covid-19 pandemic restrictions have impacted on the inspection of all rented dwellings – not just those with HAP tenancies. The City and County Management Association’s Local Authority Resilience and Recovery Plan for living with Covid-19 (October 2020) and its subsequent Local Authority Services Framework for Future Covid-19 Pandemic Response (January 2021) do not permit rental inspections in Levels 4 and 5. This is in order to protect tenants, landlords and rental inspectors.

In response to the difficulties caused by pandemic restrictions, some local authorities have been piloting virtual inspections. Dublin City Council have led this initiative which entails landlords receiving a checklist for self-assessment and being required to submit photographic/video evidence by email, tenants being invited to raise any non-compliance issues they are aware of and being asked to confirm that any remedial works requested by the local authority have been completed, and the Council reserving the right to conduct a physical on-site inspection when it is safe to so.

While virtual inspection systems present certain challenges and limitations, they do offer a way of improving the standard of rental accommodation despite the pandemic. I support these initiatives and my Department is encouraging local authorities not involved in the pilots to consider adopting them. I have committed to providing Exchequer funding for those that do.

Housing Provision

Questions (331)

Eoin Ó Broin

Question:

331. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the number of housing first tenancies delivered in 2020; and the target number of housing first tenancies for 2021. [3993/21]

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Written answers

Housing First enables homeless individuals with high levels of complex needs to obtain permanent secure accommodation with the provision of intensive housing and health supports to help them maintain their tenancies.

The National Implementation Plan for Housing First, published in September 2018, which puts the programme on a national footing, is designed to provide this response, by delivering permanent housing solutions and associated supports for rough sleepers and long-term users of emergency accommodation. It extends the delivery of Housing First nationally, with the introduction of targets for each local authority. The Plan includes an overall target of 663 tenancies in the period 2018-2021 including 220 tenancies in 2021. The implementation of the Plan is a joint initiative of the Department of Housing, Local Government and Heritage, the Department of Health, the HSE and the local authorities.

In line with the National Implementation Plan, Housing First is being delivered on a regional basis by the local authorities and the HSE. Contracts for the delivery of services have been put in place in each of the nine regions responsible for the delivery of homeless services with tenancies now in place in every region.

As of Q3 2020 a total of 459 individuals are being housed under the Housing First programme including 142 individuals who have been housed in 2020. Complete end of year data for the Programme will be published by my Department at the end of January 2021, as part of the Q4 2020 Homeless Progress Report.

The regional targets contained in the Plan were agreed by local authorities based on a review of homelessness data and a national survey of the support needs of homeless individuals conducted with service providers. In this regard, it is important to note that the majority of individuals in emergency accommodation do not require the level of supports provided by Housing First.

The Programme for Government commits to an expansion of the Housing First targets. Research is being undertaken by the Housing Agency to carry out an assessment of need for the supports provided by Housing First which is being used to inform the expansion of the Programme. I expect this work to be complete and to be in a position to announce an expansion of the Programme during 2021.

Help-To-Buy Scheme

Questions (332)

Fergus O'Dowd

Question:

332. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if he will address concerns raised in correspondence (details supplied) regarding the help-to-buy scheme; and if he will make a statement on the matter. [4020/21]

View answer

Written answers

The Programme for Government, ‘Our Shared Future’, commits to putting affordability at the heart of the housing system, and to progress a state-backed affordable home purchase scheme to promote home ownership. To begin delivering on these commitments, Budget 2021 allocated €75 million for an affordable housing shared equity scheme.

Broadly, the objectives of an Affordable Purchase Shared Equity scheme are to (1) improve access and affordability of new homes for First Time Buyers, (2) stimulate an increase in supply by improving confidence as to the viability of future housing developments to meet increased realisable demand, and (3) support economic recovery from COVID-19 by encouraging employment in the construction and related sectors.

It is intended that the scheme will be targeted at first-time buyers who are seeking to buy a new home, but who cannot quite secure the full mortgage amount to do so at the present time. It will help them secure their own home by bridging the gap between the mortgage available to them and the price of the home that is suitable to meet their needs.

In terms of progressing any policy proposal, as a matter of course, the initial stages of consultation involve a broad consideration of the measure under consideration. Schemes are then developed informed by these considerations. Based on our initial engagements, I am confident that the detailed design of the proposed scheme, which is ongoing, can mitigate potential risks and, importantly, meet important policy objectives to support people and families to buy a new home in the immediate term and support the supply of these homes.

In relation to the UK's comparable Help to Buy Scheme, the Comptroller and Auditor General C&AG)reviewed this scheme and 2019 concluded;

- the scheme was considered to meet the twin objectives set for it to increase housing supply and home ownership levels

- the scheme delivered value for money against its own objectives

- there was a 14.5% increase of new build homes supply as a result of the scheme and

- that buyers who used the scheme have paid less than 1% more than they might have paid for a similar new-build property bought without an equity support. The C&AG noted that this estimate is significantly less than others in the public domain at that time, which ranged between 5% and 20%. The C&AG found that these estimates did not compare similar properties and so did not accurately assess any additional premium paid by those using the scheme.

- The UKs Help to Buy Scheme provides an average of 22% equity support to buyers. Of the 211,000 equity loans made to buyers in England by December 2018, half were fully redeemed in the first five years and avoided paying any interest by doing so.

The Cabinet approved the priority drafting of the Affordable Housing Bill 2020 which will provide a legislative basis for the scheme in December last. I published this Bill on 20 January 2021. Once enacted, the Bill will deliver on key commitments in the Programme for Government.

It is my intention to launch the scheme later this year and, once operational, it will target Exchequer resources to simultaneously address the key challenges of affordability and supply.

Local Authority Funding

Questions (333, 334)

Catherine Murphy

Question:

333. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the specific funding streams available to local authorities to apply for; the amount that has been given by county; the amount awarded under each scheme in each of the years 2018 to 2020 and to date in 2021, in tabular form; and if he will make a statement on the matter. [4059/21]

View answer

Catherine Murphy

Question:

334. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the specific resources that are allocated to local authorities in order to enable them to apply for additional Government funding streams; the analytical mechanism used by him to ensure that there is a fair distribution of resources and funding; if he will provide this Deputy with the evidence and or briefing supplied to him to support same; if he plans to design a manual of funding streams and to streamline funding opportunities for local authorities; and if he will make a statement on the matter. [4076/21]

View answer

Written answers

I propose to take Questions Nos. 333 and 334 together.

My Department has a wide and diverse business agenda, covering a broad range of functions including local authority housing, voluntary housing, homeless services, estate regeneration, energy efficiency retrofitting, housing grants, rural water schemes, urban renewal/regeneration, fire services, and natural and built heritage, each of which includes a number of funding schemes.

My Department engages regularly and constructively with the local government sector and with individual local authorities on their financial situations. Information on these individual programmes and schemes is available to local authorities through this regular direct engagement, as well as indirectly via the website, publications and announcements.

Information on funding provided by my Department to local authorities in 2019 and earlier years is contained in Chapter 2 of the Report on the Accounts of the Public Services 2019: Central Funding of Local Authorities published by the Comptroller and Auditor General in September 2020, which is available at the following link:

www.audit.gov.ie/en/find-report/publications/report%20on%20the%20accounts%20of%20the%20public%20services/report%20on%20the%20accounts%20of%20the%20public%20services%202019.html.

The Budget 2021 Expenditure Report, published by the Department of Public Expenditure and Reform details my Department's Abridged Estimates (Part III), and gives information on the estimated current and capital allocations for 2021 in respect of each relevant programme/scheme, on the basis of the financial provision made for my Department following decisions made in the context of Budget 2021. The Expenditure Report can be found at the following link: www.gov.ie/en/publication/32999-expenditure-report/. The Report does not include additional funding for housing purposes provided by certain local authorities from Local Property Tax (LPT) receipts and amounting to some €91.5 million in 2021.

On the broader question of resources available to local authorities to enable them to apply for funding from my Department, under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.

Question No. 335 answered with Question No. 304.

Emergency Accommodation

Questions (336, 337)

Thomas Pringle

Question:

336. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if providers of emergency accommodation are paid whether beds are empty or not; and if he will make a statement on the matter. [4106/21]

View answer

Thomas Pringle

Question:

337. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the service providers of emergency homeless accommodation; the capacity of each unit; the average percentage of occupancy in each month in 2020; and if he will make a statement on the matter. [4107/21]

View answer

Written answers

I propose to take Questions Nos. 336 and 337 together.

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 homeless services rests with individual housing authorities.

My Department does not fund any homeless service directly but provides funding to housing authorities towards the operational costs of homeless accommodation and related services under Section 10 of the Housing Act, 1988. Under Exchequer funding arrangements, housing authorities must provide at least 10% of the cost of services from their own resources. Furthermore, housing authorities may also incur additional expenditure on homeless related services outside of the Exchequer funding arrangements provided by my Department. Therefore, the exact amounts spent by housing authorities on homeless services, as well as the type and operation of homeless accommodation services are a matter for individual housing authorities in consultation with the Management Group of the relevant regional joint Homelessness Consultative Forum established in accordance with Chapter 6 of the Housing (Miscellaneous Provisions) Act, 2009.

Financial reports from each of the regional fora, setting out total expenditure on homeless services including those services provided through the non-government sector and private emergency accommodation are published on my Department’s website at the following link; www.housing.gov.ie/housing/homelessness/other/homelessness-data . Financial reports for 2020 are currently being examined and will be published on shortly.

The detailed information sought by the Deputy is therefore not available in my Department, and is a matter for the individual housing authorities.

Question No. 338 answered with Question No. 312.

Homeless Persons Data

Questions (339)

Thomas Pringle

Question:

339. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the number of persons experiencing homelessness who were housed in permanent accommodation in 2020; and if he will make a statement on the matter. [4109/21]

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. 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.

Quarterly performance reports are submitted to my Department which provide information on the numbers of adults exiting homelessness to a tenancy. My Department publishes a Homeless Quarterly Progress Report, which includes details of exits from homelessness each quarter. The most recent Progress Report for Quarter 3 2020 shows that a total of 4,401 adults exited homelessness to a tenancy in the first nine months of the year. This report is published on my Department's website at www.gov.ie/en/press-release/1a64d-homeless-quarterly-report-for-quarter-3-and-monthly-homeless-report-for-september-2020/.

The report for Quarter 4 2020 is due to be published shortly, and this will represent the final report in respect of 2020.

Increasing the supply of housing, particularly new build social and affordable homes, is a priority for me and for this Government. The Programme for Government commits to increasing the social housing stock by more than 50,000, with an emphasis on new builds. In Budget 2021, we backed this objective with funding of €3.3 billion for the delivery of housing. The available funding will deliver 12,750 new social homes through build, acquisition and leasing. A major focus of this investment is the delivery of new build, with an overall target of 9,500 new homes. The increased targets will see increased local authority build on local authority land.

Irish Water

Questions (340)

David Stanton

Question:

340. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage his plans to adequately resource Irish Water to ensure the upgrade of the water services infrastructure in Glanworth, County Cork, in view of several recent prolonged supply disruptions and the prospect of increased future demand following the completion of nearby housing developments; and if he will make a statement on the matter. [4116/21]

View answer

Written answers

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. Issues in relation to the allocation of funding towards the upgrade of water infrastructure in particular areas are a matter for Irish Water.

As part of Budget 2021, I secured funding of over €1.4 billion to support water services. This includes €1.3 billion in respect of domestic water services provision by Irish Water. This overall investment will deliver significant improvements in our public water and wastewater services, support improved water supplies right across Ireland, including rural Ireland, and support a range of programmes delivering improved water quality in our rivers, lakes and marine area. The prioritisation and progression of individual projects is a matter for determination by Irish Water.

Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.

Home Loan Scheme

Questions (341, 342, 356)

Aengus Ó Snodaigh

Question:

341. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage if consideration will be given to extending the Rebuilding Ireland home loan validation timeframe for those who have been approved (details supplied). [4130/21]

View answer

Aengus Ó Snodaigh

Question:

342. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage if consideration will be given to the request by a person (details supplied) to extend the validation of an approved Rebuilding Ireland home loan. [4131/21]

View answer

Eoin Ó Broin

Question:

356. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will extend the mortgage offer period in the Rebuilding Ireland home loan scheme from six to 12 months in light of the difficulties many buyers are having in pursuing a home purchase in light of the ongoing Covid-19 restrictions. [4412/21]

View answer

Written answers

I propose to take Questions Nos. 341, 342 and 356 together.

The Rebuilding Ireland Home Loan scheme remains open for business. All local authorities are receiving and processing applications and are incorporating increased flexibility to accommodate applicants during the COVID 19 Pandemic.

The Rebuilding Ireland Home Loan scheme Approval in Principle letter is usually valid for a period of 6 months from date of issue. Approvals can exceed six months and applicants seeking an extension to their approval in principle should contact their local authority.

The final decision on loan approval is a matter for each local authority and its Credit Committee on a case-by-case basis.

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