Wednesday, 21 Apr 2021

Written Answers Nos. 665-683

Scoláireachtaí Gaeltachta

Questions (665)

Pearse Doherty

Question:

665. D'fhiafraigh Deputy Pearse Doherty den Aire Turasóireachta, Cultúir, Ealaíon, Gaeltachta, Spóirt agus Meán faoi aon phlean ag an Roinn faoi láthair maidir le coláistí samhraidh sa Ghaeltacht in 2021; an bhfuil maoiniú curtha i leataobh do mhná agus fir tí mura bhfuil na cúrsaí sin á reáchtáil mar gheall ar Covid-19; an bhfuil an tAire sásta ráthaíocht a chur ar fáil do mhuintir na Gaeltachta a bhíonn ag brath ar na cúrsaí seo go mbeidh cúiteamh ar fáil dóibh mura dtéann na cúrsaí ar aghaidh; agus an ndéanfaidh sí ráiteas ina thaobh. [20803/21]

Written answers

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media

I gcomhthéacs an chúraim atá ar an Roinn tacú le hearnáil na gColáistí Samhraidh agus ar mhaithe le soiléiriú a dhéanamh oiread is féidir ar na bunriachtanais a chaithfí a chomhlíonadh i gcás go mbeadh cúrsaí Gaeilge in ann dul ar aghaidh an samhradh seo, scaipeadh dréacht-treoirlínte maidir le COVID-19 ar earnáil na gcoláistí Gaeilge ag tús na seachtaine seo.

Is ar lucht stiúrtha na gColáistí Gaeilge agus ar theaghlaigh cháilithe Ghaeltachta a chuireann lóistín ar fáil dóibh atá na treoirlínte dírithe.

Ós rud é go dtagann na treoirlínte seo faoi réir pé rialacháin agus comhairle sláinte phoiblí atá i bhfeidhm ag aon am faoi leith, aithnítear go bhféadfadh athruithe teacht orthu le linn an ama. Is dréacht-cháipéis bheo í dá réir.

Tar éis an deis a bheith ag gach éinne na dréacht-treoirlínte seo a mheas agus an deis a bheith ag lucht stiúrtha na gcoláistí dul i gcomhairle lena gcuid tithe faoin ábhar, beidh mé féin agus feidhmeannaigh na Roinne ag bualadh go gairid le hionadaíocht ó na teaghlaigh Ghaeltachta a chuireann lóistín ar fáil do na coláistí.

Beidh plé ann chomh maith le scáthghrúpa na gColáistí Samhraidh CONCOS. Ina theannta sin tá deis ann do pháirtithe leasmhara a gcuid tuairimí faoi na treoirlínte réamhluaite a roinnt i scríbhinn leis an Roinn idir seo agus 27 Aibreán.

Is é an cuspóir atá leis an mbeart seo trí chéile ná a chur ar shúile gach éinne a bhfuil baint acu leis an earnáil cad iad na himpleachtaí a bheadh ann dóibh ó thaobh COVID-19 i gcás go bhféadfaí dul ar aghaidh le cúrsaí ar an gcéad dul síos agus deis éisteachta agus plé a bheith ag an Roinn le páirtithe leasmhara faoin ábhar.

Ós rud é go bhfuil tosca COVID-19 ag athrú i rith an ama tá an scéal ar fad faoi an mbeifear in ann dul ar aghaidh le cúrsaí samhraidh á choinneáil faoi bhreithniú ag an Roinn i rith an ama i dtreo a bheith in ann cinntí a dhéanamh faoin ábhar i gcomhar le páirtithe leasmhara, oiread is féidir, nuair atá sé níos soiléire cad a cheaptar faoi na treoirlínte réamhluaite.

Environmental Policy

Questions (666)

Jackie Cahill

Question:

666. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage if his Department has plans to cull mink in the wild in Ireland; and if he will make a statement on the matter. [18852/21]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

The National Parks and Wildlife Service of my Department has published a comprehensive review of the status of the mink in Ireland as part of its Irish Wildlife Manuals series. This review also examined various management strategies for mink control and explored the feasibility of eradicating the species from the country. Based on experiences in other countries and taking into account developments in monitoring and management practices, it was estimated that eradicating mink in the wild from the island of Ireland would cost in the order of €100m over 5 years. The full report can be accessed here:

https://www.npws.ie/sites/default/files/publications/pdf/IWM40.pdf

For now, my Department's strategy prioritizes the protection of important ground-nesting bird sites from predators, including invasive species such as mink. In that regard, I do not have plans to initiate a general cull of mink in the wild.

Office of Public Works

Questions (667)

Pádraig MacLochlainn

Question:

667. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the plans the Office of Public Works have to secure and repair the old church and surrounding walls at Raymoghy Abbey near Manorcunningham, County Donegal; and his views on whether such important historical sites require ongoing maintenance and care. [20820/21]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

My role with regard to the protection and management of our archaeological and architectural heritage is set out in the provisions of relevant legislation, including the Planning Acts and the National Monuments Acts, as are the roles of local authorities and the responsibilities of owners.

In the context of a particular building or historic structure, the best advice is generally to contact the Heritage Officer or Architectural Conservation Officer in the local authority, in this case Donegal County Council, who is well placed to advise on the various types of funding available to assist with renovation.

As Minister, I am the owner or guardian under the National Monuments Acts of approximately 1,000 national monuments. The Acts also allow me to make a preservation order where I consider a national monument to be at risk. Responsibility for management and maintenance of historical buildings and sites in my ownership and management of related visitor facilities, rests with the Office of Public Works (OPW) which also maintains a significant ongoing programme of conservation works. The OPW do not, however, have a role in relation to other sites.With regard to the safeguarding of protected structures, Part IV of the Planning and Development Act 2000 gives primary responsibility to local authorities to identify and protect architectural heritage by including particular structures on their respective Records of Protected Structures (RPS). Inclusion on the RPS places a duty of care on the owners and occupiers of protected structures and also gives planning authorities powers to deal with any development proposals affecting them.

My Department provides financial support, however, for the protection of heritage buildings and historic structures through a number of grant schemes which are, in the main, administered by the local authorities. These include the Built Heritage Investment Scheme (BHIS) and the Historic Structures Fund (HSF). Last year some 450 heritage projects across every county in the country were allocated funding from a combined sum of over €4.3m under these schemes and an extra €1m in funding was secured for built heritage projects under the July Jobs Stimulus Package 2020, which aimed to offset some of the effects of Covid-19.The BHIS and HSF for 2021 were launched in November 2020, with a combined allocation of €6m, an increase of nearly 40% on 2020. I recently announced the projects to be funded under BHIS and details are available on my Department’s website. The assessments for the HSF are currently under consideration in my Department and I will announce the approved projects shortly. In addition my Department recently announced a call for applications under the Community Monuments Fund (CMF) for 2021 for investment in our archaeological heritage. The CMF is prioritised for local authorities, private owners and custodians, and community groups for the care, maintenance, protection and promotion of local monuments and historic sites, such as this one, and the provision of any required measures to ensure safe access during the Covid-19 pandemic. The CMF is administered through the local authorities and a total of €2m has been allocated to the fund for this year.

Water and Sewerage Schemes

Questions (668, 748)

Rose Conway-Walsh

Question:

668. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage if he will support the request submitted to his Department for additional funding to complete the design and construction a project (details supplied); the amount that each household will be expected to pay in order to receive a water connection under the scheme; if this payment will be expedited in advance; the legal guarantees that residents will receive regarding the delivery of their connection once they have paid; and if he will make a statement on the matter. [18113/21]

Michael Ring

Question:

748. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage the position regarding a submission made to his Department (details supplied); when a decision will issue in relation to same; and if he will make a statement on the matter. [19465/21]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 668 and 748 together.

My Department received a submission from Mayo County Council on 22 February 2021 in relation to the Community Water Connection (''the project'') mentioned in the details supplied.

Arising from my Department's examination of the submission, the local authority have been asked to consider further the details of the estimated costs of the project.

My Department understands from the local authority that it will be a number of weeks before they are in a position to make a further submission, as they await a reply regarding a pre-connection enquiry made by them to Irish Water.

The updated submission will then allow the level of funding from my Department to be decided. The overall local contribution and hence the individual household contribution can only then be established.

As regards payment of local contributions, the long established practice under my Department’s Rural Water Programme is that full payment of the local contribution must be made to the local authority in advance of the approved works commencing construction.

Allocation of funding to the local authority by my Department and payment to them of the local contribution will allow for completion of the project, giving certainty to householders of being provided with a connection and the supply of good quality drinking water from Irish Water.

Once my Department receive the updated submission, it will be examined as quickly as possible.

Planning Issues

Questions (669)

Cian O'Callaghan

Question:

669. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the action he will take to deal with the problem of bonds lodged by developers with local authorities expiring before the works in public areas in developments are completed in accordance with the planning permission; and if he will make a statement on the matter. [18190/21]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

Planning Circular Letter PL 11/2013, which issued to planning authorities on 20 June 2013, set out key requirements to be adhered to by planning authorities in relation to the attaching of conditions to planning permissions regarding planning securities, including development bonds, for the satisfactory completion of residential housing developments.

The Circular Letter advised that planning securities could take a number of forms, including -

- a cash deposit lodged in a bank account of the local authority, which can be accessed by the local authority in certain circumstances;

- an insurance bond lodged with a local authority that can be “called in” or encashed, again in certain predefined circumstances; or

- such other liquid asset as may be agreed between a developer and the relevant local authority, including a legal charge over property or some element of the development site, as long as this is acceptable to the planning authority.

The Circular Letter stated that it is a matter for the relevant planning authority to decide what type of security to require as part of the terms of the planning permission from the above list. The Circular Letter further advised planning authorities that in accepting the use of bonds, they should include a condition in the planning permission requiring the bond provider to notify the planning authority giving sufficient notice (not less 1 year) of a bond's due expiry, and a final 28 day notice period regarding expiration of the bond. With the above condition in place, there is an onus on the bond provider/insurer to notify the planning authority that a bond is about to expire, as well as on the developer to ensure that a security in compliance with the relevant planning condition is in place at all times.

It was further stated in the Circular Letter that, notwithstanding the expiration of a particular bond, the obligation under planning legislation on the developer to provide security under the relevant planning permission condition shall remain and that on expiration of a bond, it will be necessary for developers to provide adequate replacement.

In light of ongoing difficulties encountered with developers regarding the use of development bonds, the County and City Management Association (CCMA) issued a standardised template for development bonds to all planning authorities in 2018, with a recommendation that it be used as best practice. This template includes a clause that requires a developer to provide six months’ notice to the local authority prior the expiration of a bond, with a further clause stating that failure to provide this notice would result in the bond remaining in full force until such time as the six-month notice is given. In this way, a bond cannot expire without the knowledge of the local authority concerned. The CCMA further advised planning authorities that a "time limited bond" should only be accepted as a last resort if a cash or a "time unlimited bond" is not feasible.

My Department has recently been further engaging with planning authorities regarding the issue of development bonds and the difficulties faced in accessing these bonds in the event of the non-completion of a development or other default on the part of a developer, thereby inhibiting the satisfactory completion of residential developments and their taking in charge by the relevant local authority or management company, as appropriate. My Department has requested, and awaits, further information on the experiences of planning authorities in this regard with a view to forming a view on what further measures might be taken to improve matters.

Provision of Security

CCMA Development Bond

Standard Development Bond

Housing Adaptation Grant

Questions (670)

Mark Ward

Question:

670. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage the grants or assistance available for those who need to adapt their home for medical needs but who are over the income threshold to apply through the local authority. [18194/21]

Written answers

Minister for Housing, Local Government and Heritage

My Department provides funding to local authorities so as to enable them administer the Housing Adaptation Grants for Older People and People with a Disability scheme. These schemes assist eligible applicants living in privately owned homes to make their accommodation more suitable for their needs.

The grants available operate on a sliding scale with the highest percentage grants available to those with the lowest incomes and vice versa. The schemes are means tested. Grant assistance is not available to applicants whose household income, after disregards and deductions, exceeds €60,000 per annum. A review is being undertaken this year by officials of my Department in relation to the means test criteria.

Local authorities, in administering the scheme, will always work with qualifying applicants to ensure they get the most beneficial outcome possible in line with their financial circumstances.

Further detail on these schemes is available at the following link:

https://www.gov.ie/en/service/6636c-housing-adaptation-grants-for-older-people-and-people-with-a-disability/

Covid-19 Pandemic

Questions (671)

Pa Daly

Question:

671. Deputy Pa Daly asked the Minister for Housing, Local Government and Heritage the estimated Covid-19-related delays on the Rebuilding Ireland projects in County Kerry with an on-site status. [18235/21]

Written answers

Minister for Housing, Local Government and Heritage

Increasing the supply of public, social and affordable homes is a central commitment in the Programme for Government. In Budget 2021, we backed this objective with funding of €3.3 billion for the delivery of housing. Subject to the impact of COVID, the funding will support the delivery of 12,750 new social homes, including 9,500 new build homes.

As part of the Government response to COVID, enhanced restrictions were introduced on 6 January, which meant that most residential construction was halted from 8 January to 12 April 2021. Essential social housing projects which were scheduled for completion by 30 April were allowed to continue and this has ensured new homes have been delivered during the period of restrictions.

However, the restrictions mean that most residential construction was halted for a three-month period, which is likely to result in significant delays to many social housing projects. I am working closely with the Housing Delivery Coordination Office and the local authorities to ascertain the impact of the delays on output for this year and to ensure that all measures are taken to maximise delivery.

Housing Policy

Questions (672)

Pa Daly

Question:

672. Deputy Pa Daly asked the Minister for Housing, Local Government and Heritage the number of properties brought back into use in County Kerry by the voids stimulus programme and other void-related schemes in 2020; and the estimated remaining housing stock that could be brought into use in the county by the scheme. [18236/21]

Written answers

Minister for Housing, Local Government and Heritage

In 2020, Kerry County Council received funding of some €1.5m in relation to 88 units remediated.

My Department will continue to support local authorities in their work remediating vacant social housing properties in 2021. In preparation for this year’s programme correspondence issued to all local authorities requesting they provide figures on the total number of vacant units within their social housing stock as at January 2021. This process will help inform funding requirements and allocations for this year’s programme. A further communication in respect of the 2021 voids programme will issue to all local authorities shortly.

It is important to note that my Department and local authorities are working to transition from a largely response and voids based approach for housing stock management and maintenance to a planned maintenance approach. This will require the completion of stock condition surveys by all local authorities and the subsequent development of strategic and informed work programmes in response. My Department will support these work programmes by ensuring that the funding available under the various stock improvement programmes are aligned with this approach.

Planning Issues

Questions (673)

Michael Healy-Rae

Question:

673. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage his views on a matter (details supplied) in relation to the planning exemption for certain classes of commercial properties; and if he will make a statement on the matter. [18282/21]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

The Planning and Development (Amendment) (No.2) Regulations 2018, which came into operation on 8 February 2018, provide 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 Regulations operate for a limited period until 31 December 2021, which has now been extended to 25 February 2022 arising from the Covid-related shutdown of the planning system for 8 weeks during the period March to May 2020, which extended all planning timelines by 8 weeks.

The planning exemptions provided for in the Planning Regulations are kept under regular review.

Action 60 of the recently launched Our Rural Future – Rural Development Policy 2021 to 2025 commits to reviewing and extending the regulations which exempt certain vacant commercial premises, such as “over the shop” type spaces, from requiring planning permission for change of use for residential purposes in accordance with housing activation and Town Centre First policies.

The regulations will be reviewed before their expiry and I will bring forward any legislative amendments considered appropriate. Under section 262(4) of the Planning and Development Act 2000, as amended, legislative proposals in relation to exempted development require the approval of both Houses of the Oireachtas before they can be signed into law.

Electoral Commission

Questions (674)

Thomas Pringle

Question:

674. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if he will report on the recruitment process of the Chairperson of the Electoral Commission; the location of the advertisement; the way in which the selection process is undertaken; and if he will make a statement on the matter. [18290/21]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

The Programme for Government – Our Shared Future – commits to the establishment of an Electoral Commission for Ireland, which will take on a range of electoral functions. In October 2020, the Government approved the drafting of a General Scheme of an Electoral Reform Bill which would, inter alia, provide for the establishment of a statutory, independent Electoral Commission. The General Scheme was approved by Government in December 2020 and published in January 2021 and it is available on my Department's website at the following link https://www.gov.ie/en/publication/34cf6-general-scheme-of-the-electoral-reform-bill-2020/. The Joint Oireachtas Committee on Housing, Local Government and Heritage is currently carrying out pre-legislative scrutiny of the General Scheme.

Head 5 in the General Scheme provides that the Chairperson of the Electoral Commission be a serving or former judge of the High Court, the Supreme Court or the Court of Appeal, nominated by the Chief Justice and appointed by the President.

Local Authority Housing

Questions (675, 676)

Chris Andrews

Question:

675. Deputy Chris Andrews asked the Minister for Housing, Local Government and Heritage the status of a project (details supplied); if Dublin City Council ever submitted a cost-benefit analysis or capital appraisal to his Department in relation to this area; if a consultancy was engaged by Dublin City Council between 2007 and 2010; if they supplied various submissions after consultations with residents; if so, the cost of this exercise; his plans to progress this; and if he will make a statement on the matter. [18297/21]

Chris Andrews

Question:

676. Deputy Chris Andrews asked the Minister for Housing, Local Government and Heritage if the study by his Department in relation to a project (details supplied) will acknowledge that this is not a new application but rather a legacy issue and that funding was already approved back in 2008; and if he will make a statement on the matter. [18298/21]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 675 and 676 together.

Dublin City Council applied for funding approval for improvement works at Canon Mooney Gardens under the Precinct Improvement Program (PIP) in 2010. The PIP was part of the Inner City Flat Complex program which ran from 1997-2012.

The Cost Benefit Analysis and Capital Appraisal referred to by the Deputy were requested by my Department in 2010 and 2011 as part of assessing submissions in relation to this program. These documents or any further submissions in respect of this project, were not received by my Department.

My Department are not aware of the consultancy mentioned by the Deputy.

The regular management and maintenance of local authority housing stock, is a matter for each relevant local authority, and it is open to each authority to address maintenance or improvements to their housing stock from within their own resources. However, my Department also supports local authorities to improve their social housing stock through a range of programmes including energy retrofitting, regeneration and refurbishment works to vacant properties in order to return these to productive use as quickly as possible.

My Department does not have any current funding submissions from Dublin City Council for the refurbishment of Canon Mooney Gardens in Ringsend. However, the Council advised my Department that its Area Housing Manager and his staff are in active engagement with the residents' committee of Canon Mooney Gardens with regards to exploring various options of environmental enhancements.

Housing Policy

Questions (677, 678, 679)

Thomas Pringle

Question:

677. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the way in which a single person can purchase a property in Dublin or other urban areas; and if he will make a statement on the matter. [18310/21]

Thomas Pringle

Question:

678. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the research his Department is undertaking on the way in which single persons are priced out of buying a property in Dublin or other urban areas; and if he will make a statement on the matter. [18311/21]

Thomas Pringle

Question:

679. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the measures that will be put in place for single persons who earn too much to be included on a social housing list but earn too little to be able to afford a home in Dublin or other urban areas; and if he will make a statement on the matter. [18312/21]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 677, 678 and 679 together.

The Programme for Government, ‘Our Shared Future’, clearly lays out our commitment to putting affordability at the heart of the housing system. Government approved priority drafting of the Affordable Housing Bill 2020 on 22 December 2020, the General Scheme of which I published on the 20th of January last.

The Bill includes provisions to underpin three schemes delivering on the Government’s commitment to prioritise the increased supply of affordable homes through (1) affordable homes for purchase delivered by local authorities, (2) a new affordable purchase shared equity scheme for private homes, and (3) the introduction of a new form of tenure in Cost Rental. The drafting of the Bill is progressing well. Both affordable purchase measures are targeted at First Time Buyers, including single people, enabling them to bridge the affordability gap, allowing them to buy a new home.

The €310 million Serviced Sites Fund (SSF) supports affordable homes delivered by local authorities, funding infrastructure on local authority lands to enable the delivery of affordable homes to purchase or rent. This initiative is largely targeted at our urban centres where affordability issues are most acute. To date, funding of almost €188 million has been approved in principle in support of 38 infrastructure projects in 14 local authority areas, which will assist in the delivery of almost 4,000 more affordable homes.

Details of SSF projects approved under the 2 Calls for Proposals to date can be found here;

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

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

In addition to these projects, approval in principle has also been given to three further applications for SSF funding, namely, Dublin City Council’s projects in Emmet Road and Oscar Traynor Road, and Dún Laoghaire Rathdown County Council’s project in Shanganagh. Affordable homes provided by local authorities via the SSF will come with an initial purchase price of between 10% and 40% below market prices, bringing many within the reach of single buyers.

Another scheme in the Affordable Housing Bill is the ‘Affordable Purchase Shared Equity’ scheme. This is being developed for homes on private lands and will be designed to help bridge the gap, by means of an equity stake, between the mortgage people have and the price of the new home they wish to buy.

The third element of the Affordable Housing Bill provides for the introduction of a new form of tenure in Cost Rental. Cost Rental will be targeted at middle income earners. The first Cost Rental homes in Ireland, 50 two-bedroom apartments at Enniskerry Road, Stepaside, will be delivered by the Tuath and Respond AHBs in Q3 2021. Dublin City Council is also progressing a site at Emmet Road, Inchicore (the former St Michael’s Estate) and the LDA is collaborating with Dún Laoghaire-Rathdown County Council on a site at Shanganagh, Shankill; both of these projects have received approval in principle for SSF funding.

The provision of Cost Rental housing is also being implemented through the new Cost Rental Equity Loan (CREL) scheme, with allocated funding of €35m in Budget 2021. I have approved in principle the financing this year of 390 new homes across eight sites, located in Dublin, the Greater Dublin Area, and Cork. CREL support and careful cost management has generated initial rents which are at least 25% below comparable open market prices, delivering significantly improved affordability for renters.

Alongside the Affordable Housing Bill 2020, the Land Development Agency (LDA) is tasked to work with Government Departments, local authorities, state agencies and other stakeholders to assemble strategic sites in urban areas and ensure the sustainable development of social and affordable homes for rent and purchase. On establishment, the LDA had access to an initial tranche of 8 sites that have near term delivery potential for approximately 3,400 new homes. The LDA will have regard to Government policy, and all appropriate legislation, on the appropriate tenure mix for developments on public land, as well as the criteria for the operation of cost rental and affordable housing schemes. The LDA will deliver affordable homes which will be available to single buyers.

Additional affordability measures, such as the Help to Buy Scheme and the Rebuilding Ireland Home Loan (RIHL), are already available to eligible applicants.

The Help to Buy Scheme has had 23,545 approvals by the end of February 2021, with the estimated total value of approved Help to Buy claims to date in the order of €389.2 million.

The RIHL is available for both new and second-hand homes. At the end of February 2021, the RIHL has had 3,817 approvals. Budget 2021 confirmed that €210 million has been sanctioned for RIHL lending in 2021.

Planning Issues

Questions (680)

Michael Moynihan

Question:

680. Deputy Michael Moynihan asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to concerns regarding the changes to the procedure for registration of easements due to come into effect in 2021; if he will consider extending the enactment of these changes in view of additional delays caused by Covid-19 restrictions; and if he will make a statement on the matter. [18377/21]

Written answers

Minister for Housing, Local Government and Heritage

There appears to be a misapprehension regarding the dates for registering rights of ways acquired by prescription on foot of amendments made by Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 to the provisions relating to acquisition of easements and profits by prescription contained in Part 8 of the Land and Conveyancing Law Reform Act 2009.

I understand from the Property Registration Authority (PRA) that the following is the position:

1. The extension of the transitional period originally prescribed by Section 38(b) of the 2009 Act (3 years) by the aforementioned 2011 Act (extending the period to 12 years) relates simply to the period when a claim to a prescriptive right can be made by reliance on the 'old' law replaced by the 2009 Act. From 2021, reliance must be made on the 'new' law introduced by the 2009 Act; in particular, reliance must be made on the new single and shorter period of 12 years. There is no question of a cut-off point occurring in 2021 when a claim to a prescriptive right can no longer be made. All that changes in 2021 is the basis on which the prescriptive right can be claimed.

2. The new procedure for registration of a prescriptive right introduced by Section 41 of the 2011 Act is not subject to a time limit. It is a permanent procedure and, in particular, does not cease to be available in 2021. The only change which occurs in 2021 is the basis on which an application must be made to the PRA. As pointed out in (1) above, from 2021, the application will have to be grounded on the 'new' law introduced by the 2009 Act and reliance on the 'old' law repealed by that Act will cease to be possible.

This procedure is only for easements (including rights of way) acquired by prescription. If all parties agree to the registration of an easement, an application should be made by lodging the appropriate Deed of Grant.

Finally, a Practice Direction Easements and Profits à Prendre Acquired by Prescription under Section 49A and an informational video are available on the PRA’s website (www.prai.ie) that cover the process relating to the registration of prescriptive easements.

Social and Affordable Housing

Questions (681)

Noel Grealish

Question:

681. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage the engagement he has had with lending institutions regarding the new affordable housing scheme; the engagement held in relation to the clawback; the discussions that have taken place regarding the economic implications and viability for institutions of lending under this scheme given the 30% equity which is held by the Government and in view of the current difficulties persons are experiencing in accessing mortgages under the housing (incremental purchase) scheme; and if he will make a statement on the matter. [18388/21]

Written answers

Minister for Housing, Local Government and Heritage

In relation to the Tenant (Incremental) Purchase Scheme, applicants must demonstrate that they have an income that is long-term and sustainable in nature. This ensures that the tenant purchasing the house is in a financial position, as the owner, to maintain and insure the property for the duration of the charged period, in compliance with the conditions of the order transferring the ownership of, and responsibility for, the house from the local authority to the tenant. If the tenant is deemed eligible under the scheme, he or she may fund the purchase of a house from one, or a combination, of his/her own resources or a mortgage provided by a financial institution or a local authority house purchase loan.

In relation to affordable housing more generally, the Programme for Government, ‘Our Shared Future’, clearly lays out our commitment to putting affordability at the heart of the housing system. Government approved priority drafting of the Affordable Housing Bill 2020 on 22 December 2020, the General Scheme of which I published on 20 January last.

The Bill includes provisions to underpin three schemes delivering on the Government’s commitment to prioritise the increased supply of affordable homes through (1) affordable homes for purchase delivered by local authorities, (2) a new affordable purchase shared equity scheme for private homes, and (3) the introduction of a new form of tenure in Cost Rental. The drafting of the Bill is progressing well.

Broadly, the objectives of the shared equity scheme element of the Bill is to improve access and affordability of new homes for first-time buyers, stimulate an increase in supply by improving confidence as to the viability of future housing developments to meet increased realisable demand, and 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 eligible purchasers to 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. There is no borrowing requirement beyond that already permitted under the Central Bank’s macro-prudential rules.

The Department’s work involved in designing the Shared Equity scheme is ongoing and has included analysis of similar international schemes together with engagement with a broad range of stakeholders including the pillar banks. As a matter of course, full consideration has been given to the potential benefits and risks of the measure taking on board feedback from a broad range of interested stakeholders and commentators. The final scheme design will seek to maximise the benefits in terms of affordability and supply while mitigating potential risks.

I intend to bring the completed Bill before the Oireachtas as part of the summer legislative programme.

In terms of supporting prospective purchasers in accessing housing and obtaining mortgages, additional affordability measures such as the Help to buy scheme and the Rebuilding Ireland Home Loan (RIHL) are currently available to eligible applicants.

The Help to Buy Scheme has had 23,545 approvals by the end of February 2021, with the estimated total value of approved Help to Buy claims to date in the order of €389.2 million. The RIHL is available for both new a and second-hand homes. At the end of February 2021, the RIHL has had 3,817 approvals. Budget 2021 confirmed that €210 million has been sanctioned for RIHL lending in 2021.

Commercial Rates

Questions (682)

Matt Carthy

Question:

682. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage the basis in which community owned childcare facilities are exempt from commercial rates; if he is satisfied that the valuation office is ensuring that all such facilities are exempted from these charges; and if he will make a statement on the matter. [18399/21]

Written answers

Minister for Housing, Local Government and Heritage

The Commissioner of Valuation is independent in the exercise of his duties under the Valuation Acts 2001 to 2020 and the making of valuations for rating purposes is his sole responsibility. As Minister, I have no function in decisions in this regard.

Local 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. In general, the Valuation Acts 2001 to 2020 maintain the long-standing position that properties, including private childcare facilities such as play schools, pre-schools, crèches and Montessori schools, that are established for the purpose of making a profit, are liable for rates.

Schedule 3 of the Valuation Acts provides that all buildings used or developed for any purpose, including constructions affixed thereto, are rateable unless expressly exempted under Schedule 4 of the Acts. Such exempt buildings would principally include domestic premises, farm buildings, buildings used for public worship, education and health care provided on a not-for-profit basis, and buildings used exclusively for charitable purposes and other than for private profit. Under the Valuation (Amendment) Act 2015 early learning facilities occupied by a charitable organisation and where the facilities are used for charitable, not-for profit purposes were included as exempt from rates.

The Valuation Acts are very specific about the range of exemptions that can be applied by the Commissioner. Where a property occupier is unsure as to the position of their property being rateable or exempt, they should contact the Valuation Office by e-mail at [e-mail].

Finally, 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 Valuation Acts. Firstly, before a determination is made, there is a right to make representations to the Valuation Office in relation to a proposed valuation. Later in the process, 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. There is also a right of appeal to the Higher Courts on a point of law.

Commercial Rates

Questions (683)

Matt Carthy

Question:

683. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that a childcare facility (details supplied) has been charged a substantial bill for commercial rates; if this facility is exempt from such charges; and if he will make a statement on the matter. [18405/21]

Written answers

Minister for Housing, Local Government and Heritage

The making of valuations for rating purposes is the sole responsibility of the Commissioner of Valuation who is independent in the exercise of his functions under the Valuation Acts 2001-2020. I, as Minister, have no function in decisions in this regard.

Local 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. In general, the Valuation Acts 2001 to 2020 maintain the long-standing position that properties, including private childcare facilities such as play schools, pre-schools, crèches and Montessori schools, that are established for the purpose of making a profit, are liable for rates.

A request for the review of a valuation of a property can be made to the Commissioner of Valuation under Part 6 of the Acts. I am informed by the Commissioner that correspondence in relation to the childcare facility referred to in this question, has been submitted to his office recently and is receiving attention.

In accordance with Circular 25/2016, arrangements have been put in place to facilitate the provision of information directly to members of the Oireachtas. Further information in relation to a specific case may be obtained by contacting the dedicated e-mail address in respect of the Valuation Office at [e-mail].