Written Answers Nos. 60-90
60. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage his views on the use of modular build units as a way to reduce the cost and time involved in building local authority housing. [33552/21]
View answerMy Department is working closely with all local authorities in relation to increasing and accelerating the delivery of a range of social housing programmes and supports, including through the use of design-build rapid delivery methodologies (including modular build units). Local authorities have been advised that design- build rapid delivery approaches should be adopted where appropriate to deliver social housing projects on local authority-owned land.
To support delivery, the Office of Government Procurement (OGP) put in place a framework of design-build contractors in 2017. This framework which expired in February 2021, was available for all local authorities and Approved Housing Bodies (AHBs) to use in the interest of accelerated delivery. While some local authorities have progressed projects using the framework, the scope of works was generally limited to certain development sizes and unit types. On this basis, other local authorities have implemented their own frameworks, while some have tendered on individual projects for design-build contractors, on a case by case basis.
The Housing Delivery and Co-ordination Office and my Department are currently working with the OGP on replacement frameworks which will operate on a regional basis and cater to a variety of development sizes and unit types, including apartments. In addition, Dublin City Council has developed a framework of design-build contractors for the delivery of a volumetric programme of houses and apartments which is available to all local authorities and AHBs to use on larger projects. It is envisaged that over 1,000 fast-track homes will be built using the Dublin City framework, and while the majority of these will be in Dublin, there will also likely be schemes in other large centres.
Many of the issues around delivery that ‘standard’ social housing construction projects face, are also faced by design-build projects, such as preparing sites, services/access to the site, community consultation, planning, etc. There can however, be savings in terms of programme and construction with these advantages growing as more use is made of these frameworks and as contractors gain more experience in implementing these methods. Under this mechanism, acceleration is delivered both by the use of the design-build services of specialist contractors and reduced construction time periods due to considerable off site fabrication. As well as off-site construction providing many benefits in terms of delivery and affordability, the new frameworks will provide sustainable and durable quality housing. All new dwellings (including modular build units) must comply with the building regulations and building control requirements and for social housing achieve a 60-year durability for all key elements.
My Department will continue to work with local authorities to maximise delivery and harness appropriate opportunities to deliver on additional build units, including through design-build schemes.
61. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage if he will review the requirements of planning applicants seeking to build on their parents or siblings’ land; and if he will make a statement on the matter. [33922/21]
View answer74. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage the policy measures in place to address the challenges facing rural housing; and if he will make a statement on the matter. [33897/21]
View answerI propose to take Questions Nos. 61 and 74 together.
Since 2018, the National Planning Framework (NPF) is the national planning policy document providing overall strategic policy for the future development of Ireland. Chapter 5.3 ‘Planning for the Future Growth and Development of Rural Areas’ of the NPF features several specific National Policy Objectives (NPOs) that aim to support the overall rural and small town pattern of development in Ireland and deliver strengthened and diversified rural communities.
Importantly, NPO 15 of the NPF fully supports the concept of the sustainable development of rural areas by encouraging growth and arresting decline in areas that have experienced low population growth or decline in recent decades, while simultaneously indicating the need to manage certain areas around cities and towns.
NPO 19 of the NPF aims to ensure that a policy distinction is made between areas experiencing significant overspill development pressure from urban areas, particularly within the commuter catchment of cities, towns and centres of employment, on the one hand, and other remoter and weaker rural areas where population levels may be low and or declining, on the other. NPO 19 is also aligned with the established approach whereby considerations of social (intrinsic part of the community) or economic (persons working full or part time) need may be applied by planning authorities in rural areas under urban influence.
Further, under NPO 18b my Department is committed to developing a programme with local authorities, public infrastructure agencies such as Irish Water and local communities for the provision of serviced sites for housing to attract people to build their own homes and live in small towns and villages.
Under the Guidelines for Planning Authorities on Sustainable Rural Housing 2005, which were issued under Section 28 of the Planning and Development Act 2000 as amended, planning authorities are required to frame the planning policies in their development plans in a balanced and measured way that ensures the housing needs of rural communities are met, while avoiding excessive urban-generated housing. The Guidelines are available on the Government’s website at the following link: www.www.gov.ie/en/publication/23809-sustainable-rural-housing-development-guidelines/ .
Updated Rural Housing Planning Guidelines are currently being prepared that will continue to allow for the development of homes in rural areas while also highlighting the need to manage certain areas around cities and towns in order to avoid over-development of those areas. I expect to receive an initial draft guidelines document in the coming weeks. Given the complexity of the issues involved, the need for environmental assessment and both internal and external consultation, I expect final updated guidelines to be available later in 2021.
In the interim, the NPF objectives together with the 2005 Guidelines, enable planning authorities to continue to draft and adopt county development plan policies for one-off housing in rural areas. My Department communicated to planning authorities (Circular letter PL 2/2017) on 31 May 2017, advising them that the existing 2005 Guidelines remain in place until advised otherwise by the Department.
It is noteworthy that there is strong delivery of new homes in rural areas nationally in recent years – with more than 25,000 rural house planning permission granted in last 5 years. In the same period, more than 90% of that number of rural homes were built, comprising around one in three houses completed in Ireland between 2016 and 2020.
62. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if further discussions have taken place between his Department and Louth County Council in respect of progressing a further appeal or new application for the Port Access Northern Cross Route URDF application; the details on same; and if he will make a statement on the matter. [33774/21]
View answerAt my Department's invitation Louth County Council has requested a meeting for further feedback on its Urban Regeneration Development Fund (URDF) application in respect of the Port Access Northern Cross Route proposal which was unsuccessful under Call 2 of the URDF. The meeting between officials of my Department and officials of Louth County Council is due to take place shortly.
63. Deputy Brendan Smith asked the Minister for Housing, Local Government and Heritage the timeline for the introduction of higher income eligibility limits for social housing in areas such as counties Cavan and Monaghan due to the inadequacy of existing eligibility limits; and if he will make a statement on the matter. [33857/21]
View answer66. Deputy Brian Stanley asked the Minister for Housing, Local Government and Heritage when the new income threshold for social housing in County Laois will be announced; and the stage the process is currently at. [33284/21]
View answer83. Deputy Brendan Smith asked the Minister for Housing, Local Government and Heritage when he will introduce higher income eligibility limits for social housing given that existing limits are too low in counties Cavan and Monaghan; and if he will make a statement on the matter. [33856/21]
View answer87. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when it is intended to implement changes to the income eligibility to apply for social housing to ensure those who are working and are on low incomes are eligible for social housing in view of the fact that at present prices it is impossible for them to get mortgages to buy houses on the open market; and if he will make a statement on the matter. [33861/21]
View answer88. Deputy Brian Stanley asked the Minister for Housing, Local Government and Heritage when the new income threshold for social housing in County Offaly will be announced; and the stage the process is currently at. [33285/21]
View answer90. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage if a person who goes over the income threshold to be eligible for social housing whilst living in homeless accommodation such as a family hub provided by the local authority, will be removed from the social housing waiting list as a result. [33611/21]
View answerI propose to take Questions Nos. 63, 66, 83, 87, 88 and 90 together.
Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
Under Regulation 28 of the Assessment Regulations, a household’s qualification for support may be reviewed at the discretion of a local authority and Regulation 29 provides that the household’s qualification for support shall be reassessed at the point of allocation of support. If upon review, a household is found to exceed the limits on income eligibility grounds, for example, they would be removed from the list. Furthermore, authorities are also required, when directed by the Minister, to undertake a statutory Summary of Social Housing Assessments (SSHA) to count the number of households on the waiting list for social housing supports whose need has not yet been met. The SSHA process requires all local authorities to review those households who are on their housing list but who are not currently in receipt of housing support.
The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy.
The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.
Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Additional Superannuation Contribution. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature.
The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10% and separately a 2.5% allowance for each child.
The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced in 2011 also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing.
Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.
However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is underway. The review will have regard to current initiatives being brought forward in terms of affordability and cost rental.
In relation to affordable measures, the Affordable Housing Bill, currently before the Oireachtas, 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.
Budget 2021 allocated €75 million for the Affordable Purchase Shared Equity Scheme, one of the aforementioned provisions. It will enable first-time buyers to buy a new home, much sooner than would otherwise be the case, by bridging the gap between what people have and the price of the new home they want, while also building confidence in the construction sector to increase much need housing supply.
Extensive engagement has been undertaken with key stakeholders to ensure the optimum design of the Scheme, and significant feedback has been factored in. Work on the final design of the Scheme is ongoing, in advance of its introduction later this year.
In relation to affordable housing supports more generally, measures such as the Help to Buy Scheme and the Rebuilding Ireland Home Loan, are available to eligible purchasers nationally to make home ownership more affordable.
An enhanced Help to Buy scheme was announced as part of the €7 billion July stimulus package, which was extended to December 2021 as part of Budget 2021. This allows first-time buyers purchasing a newly-built home – or building one themselves – to claim back up to €30,000 paid in income tax and DIRT on bank deposit interest over the last four years.
The Rebuilding Ireland Home Loan is a Government-backed mortgage which is for first-time-buyers nationwide to purchase a new or second-hand home or to self-build. This scheme offers loans on competitive terms to those who are unable to secure a sufficient commercial bank loan.
As part of Budget 2019, €310 million was made available to service local authority land for the delivery of affordable housing under the Serviced Sites Fund (SSF). The SSF provides for key enabling infrastructure requirements that will help unlock publicly-owned lands specifically for the provision of affordable homes to buy or rent. This fund sub-vents the cost of facilitating infrastructure, with a current maximum SSF funding amount of €50,000 available per affordable home. This sum is comprised of €44,500 (or 89%) Exchequer contribution and a €5,500 (or 11%) local authority contribution. On this basis, at least 6,200 more affordable homes, to buy or rent, can be facilitated by this measure.
To date, funding support of €200 million has been allocated to enable delivery of over 4,200 affordable homes for purchase or rent. €50 million has been allocated to the SSF in 2021.
65. Deputy Emer Higgins asked the Minister for Housing, Local Government and Heritage his plans to make the Rebuilding Ireland home loans more flexible such as increasing financial limits; and if he will make a statement on the matter. [33803/21]
View answerThe Rebuilding Ireland Home Loan loan enables credit worthy first time buyers to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range.
Single applicants for the loan must not be earning greater than €50,000 gross per annum. The combined income of joint applicants must not be greater than €75,000 per annum. There are no set minimum income limits; however, applicants do need to have sufficient borrowing and repayment capacity and must be capable of repaying the mortgage in accordance with the statutory credit policy underpinning the loan. These income limits are unchanged from the previous local authority loan offerings.
The new Programme for Government ”Our Shared Future" contains a commitment to expand the Rebuilding Home Loan. My Department is examining this issue at the moment and consulting other government Departments as appropriate. Any improvements to the loan will be made in the context of the Housing for All Strategy which is in preparation at the moment.
69. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will commit to review Part M of the building regulations to ensure that all new social housing is fully accessible for wheelchair users to live as distinct from visit the homes. [33764/21]
View answerHousing needs of people with disabilities are addressed in the National Housing Strategy for People with a Disability (NHSPWD) 2016-2021. A new NHSPWD, is currently being developed by my Department and the Department of Health, with a view to publishing by the end of 2021. The strategy is about facilitating the provision of housing options and related services to disabled people to allow individual choice and support independent living.
In accordance with the vision and strategic aims of the current NHSPWD to achieve a coordinated and integrated approach to meeting the housing needs of people with a disability at local level, Housing and Disability Steering Groups (HDSGs) have been established in all local authority areas. These are chaired by the Directors of Housing with membership including the Health Service Executive (HSE) and disability representatives.
Each HDSG has prepared a local Strategic Plan for its own City/County area, to develop specific local strategies to meet the identified and emerging housing needs of people with disabilities in their areas with a view to developing annual targets for the delivery of housing to people with a disability on their housing waiting lists.
The Building Regulations apply to the design and construction of all new buildings (including dwellings) and to certain works to existing buildings. The Building Regulations (Part M Amendment) Regulations 2010, and the accompanying Technical Guidance Document M – Access and Use (2010), which came into effect on 1 January 2012, set out the minimum statutory requirements that a building must achieve in respect of access. Part M aims to foster an inclusive approach to the design and construction of the built environment.
The ‘Programme for Government Our Shared Future’ commits to ensuring that there is an appropriate mix of housing design types provided, including universally designed units, and accommodation for older people and people with disabilities.
In addition, the joint policy statement Housing Options for Our Ageing Population, launched by my Department and the Department of Health in 2019, includes an Action on universal design to “In partnership with industry, introduce measures to ensure that over a five year period delivery is increased to ensure that 30% of all new dwellings are built to incorporate universal design principles to accommodate our ageing population.” Appropriate measures to deliver on this commitment are currently being formulated by my Department.
70. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if he has considered measures to encourage right sizing; and if he will make a statement on the matter. [33514/21]
View answerFirstly, it is settled Government policy to support older people to live in their own homes and communities with dignity and independence for as long as possible, as this has the best outcomes both for the individual and for society as a whole.
My Department, in conjunction with the Department of Health, is developing policy options in support of a range of housing and accommodation alternatives for older people including supported housing/housing with care in accordance with the principles of the joint policy statement, "Housing Options for Our Ageing Population". This policy statement was published by the Department of Housing, Planning and Local Government and the Department of Health in 2019. The policy statement is available on my Department's website at:
www.www.housing.gov.ie/housing/special-housing-needs/older-people/housing-options-our-ageing-population-policy-statement.
A number of the 40 Actions in the Joint Statement consider the issue of rightsizing within the context of providing a variety of housing options for older people depending on their circumstances. Some local authorities already provide for such "rightsizing" for their tenants who express a wish to be allocated older person's specific housing or a smaller dwelling such as an apartment instead of a house.
My Department and the Implementation Group for the Joint Statement are examining various "rightsizing" support options and a number of research projects are informing this work. It is intended that the Implementation Group will provide its final report addressing each of the 40 actions, including those relating to rightsizing, by the end of 2021. Consideration of ageing in place and rightsizing is also taking place as we prepare the Government's new Housing Strategy - Housing for All.
71. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the status of the work of the independent working group to examine defective housing including its terms of reference; the programme of work; and if he expects the group to meet the Programme for Government commitment to publish a report within a year of the Government being formed. [33763/21]
View answerThe Programme for Government sets out a number of commitments in respect of the important policy area of building defects and provides for an examination of defects in housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing report, "Safe as Houses".
In this context, I established a working group to examine defects in housing. The group’s terms of reference have recently been adopted and include:
1. Examine defects in housing having regard to the recommendations in Item 4 “Addressing the legacy of bad building and poor regulation” in Chapter 4 of the Joint Oireachtas Committee on Housing, Planning and Local Government report - ‘Safe as Houses? A Report on Building Standards, Building Controls and Consumer Protection’.
2. Establish the nature of significant, wide-spread fire safety, structural safety and water ingress defects in purpose built apartment buildings, including duplexes, constructed between 1991 – 2013 in Ireland through consultation with affected homeowners, homeowner representative organisations, owners’ management companies, relevant managing agents, public representatives, local authorities, product manufacturers, building professionals, industry stakeholders, insurance providers, mortgage providers and other relevant parties. Including such matters as;
- Identification and description of defect,
- Nature of defect – design, product, workmanship,
- Non-compliance with building regulations or actual damage,
- Severity/risk to life or serviceability of dwelling,
- Period of construction affected,
- Type of dwelling affected,
- Location of dwellings affected.
3. Establish the scale of the issue – estimate number of dwellings affected by the defects identified including those already remediated.
4. Consider a methodology for the categorisation of defects and the prioritisation of remedial action.
- In the case of defects with fire safety implications, consider how the framework for enhancing fire safety in dwellings can be applied to mitigate the risks arising from fire safety defects pending the remediation of defects and the Code of Practice for Fire Safety Assessment of Premises and Buildings, which is currently being developed by National Directorate of Fire and Emergency Management.
5. Suggest mechanisms for resolving defects, in the context of the legal rights, duties and obligations of developers, builders, building professionals, insurers, mortgage providers, building control authorities, fire authorities, owners’ management companies, owner occupiers, renters and landlords, including:
- Technical options for the remediation of dwellings,
- Efficient means of carrying out work,
- individual dwellings or whole building approach
- routine maintenance/refurbishment or remediation
- Structures or delivery channels needed to facilitate resolution – advice and support.
6. Evaluate the potential cost of technical remediation options.
7. Pursue options on possible financial solutions to effect a resolution, in line with the Programme for Government commitment to identify options for those impacted by defects to access low-cost, long-term finance.
8. To report to the Minister for Housing, Local Government and Heritage on the Examination of Defects in Housing.
The plenary working group has been meeting monthly since March 2021, in addition to subgroup meetings.
In regard to the working group’s deliberations, the group will seek to engage with a range of interested parties, including homeowners, public representatives, local authorities, product manufacturers, building professionals and industry stakeholders, among others to examine the issue of defects in housing and report to me on the matter. Arrangements in regard to the consultation with relevant parties are currently being put in place by the working group.
72. Deputy Jennifer Murnane O'Connor asked the Minister for Housing, Local Government and Heritage if he will report on progress towards gender equality in politics in Ireland; and the steps being taken to achieve a new normal in which more women political leaders have an active and equal role in decision-making and building forward. [27634/21]
View answerGender provisions for Dáil elections were first introduced at the 2016 Dáil election. These provisions are set out in the Electoral (Amendment) (Political Funding) Act 2012 and link the State funding of political parties in the electoral Acts to the achievement of a gender balance in candidate selection at Dáil general elections. To receive full State funding under the electoral Acts, a qualified political party must have at least 30% women candidates and at least 30% men candidates at the election. This will rise to 40% in 2023.
The impact of the gender provisions at the 2016 general election was that 163 women contested the election, representing 30% of the 551 candidates. This was a significant increase over the 2011 general election, where only 15% of the candidates were women. In 2016, 35 women were elected to Dáil Éireann. This represents 22% of the total membership, compared with 15% in 2011. At the 2020 general election 162 women contested the election, representing 31% of the 531 candidates. This represents a slight increase in percentage terms (1%) over the 2016 general election. 36 women were elected to Dáil Éireann in 2020 representing 23% of the total membership, again representing a 1% increase over the 2016 general election.
Funding received by qualified parties under the Electoral Acts can be used for the promotion of participation by women and young persons in political activity.
My Department, in recognition of the need to promote gender equality in local government, also introduced a funding scheme in March 2019 to incentivise political parties to increase the number of women candidates in the 2019 local elections. The scheme was open to all political parties on the Register of Political Parties on an opt-in basis. The funding provided was an annual grant to political parties, based on their performance in fielding women candidates in the 2019 local elections. This funding was to be used by the parties specifically for the purposes of promoting gender balance and diversity among the party’s candidates and elected representatives. Examples of such activities could include the training of women candidates and the recruitment of diversity officers whose role would be to build the diversity of party membership and future local election candidates.
Since the introduction of the scheme in 2019, nine political parties have applied for funding. Following engagement with a number of political parties and key stakeholders, the scheme has been reviewed and now includes suggested activities and measurables. This new scheme is open to all registered political parties and in the interests of inclusivity, to official representative groups of Independents. The deadline for receipt of applications under the new scheme is 25 June 2021
My Department also supports organisations such as the National Women’s Council of Ireland, Women for Election and Longford Women’s Link. These organisations work with women in a non-partisan way, providing key capacity building services for all women interested in local government. My Department also continues to support local authorities in their endeavours to encourage the participation of women and wider diversity in local government. In 2019 and 2020, funding was provided to local authority initiatives for projects which included building general awareness of local government and participation in local decision-making structures, particularly among women, minority and diverse communities.
In May 2021, the Government approved a significant reform of the remuneration of local authority elected members. It also noted the work of local government stakeholders in agreeing an Action Plan to implement a range of non-pay related reforms, including issues such as maternity leave, administrative supports and professional development for councillors. These reforms, taken together with the pay reforms approved, will make the role of councillor more sustainable and manageable, facilitating a cohort of members representative and fully reflective of the diverse communities where they are elected.
73. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage if he will report on work to incorporate County Clare in the defective concrete block scheme; if homeowners will be eligible for recoupment of 100% of the costs associated with carrying out the necessary works to address the damage caused by defective concrete blocks when County Clare is incorporated in this scheme; and if he will make a statement on the matter. [33434/21]
View answerMy Department received correspondence from Clare County Council in October 2020, requesting the extension of the Defective Concrete Blocks Grant scheme to County Clare. A comprehensive reply was subsequently issued to the Council in November 2020.
My Department informed the Council that before any extension of the scheme can be considered, the same rigorous analysis as that put in place prior to the rollout of the scheme to the counties of Donegal and Mayo would have to be undertaken. Following further discussions between my Department and Clare County Council it was agreed that the local authority would take a lead role in determining, in accordance with the IS: 465 protocol, that issues arising in homes in County Clare are in fact due to the presence of excessive amounts of deleterious materials (mica or pyrite) in the aggregate used to manufacture the concrete blocks and secondly quantify the likely extent of the problem in the county.
Such analysis will provide the evidential basis necessary for the consideration of any extension of the scheme. Pending the receipt of and consideration of such analysis it would be premature to consider an extension of the scheme.
In respect of the existing scheme, I have proposed a timebound working group, with representatives from my Department, the local authorities and homeowner representative groups, to review and address any outstanding issues in relation to the operation of the Defective Concrete Block Grant Scheme, including issues such as grant caps, homeowner contributions, engineering and allowable costs etc. I expect that the review to be undertaken by the working group to be completed by 31 July, and will inform any changes or improvements to the scheme as may be required, which I will bring forward after consultation with the Minister for Public Expenditure and Reform and the Attorney General.
76. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage his plans to address the deterioration of Knocklofty House, Clonmel, County Tipperary; the level of engagement he plans to have with concerned members of the locality; and if he will make a statement on the matter. [33551/21]
View answerMy role with regard to the protection and management of our architectural heritage is set out in the provisions of relevant legislation, as are the roles of local authorities and the responsibilities of owners.
Part IV of the Planning and Development Act 2000, as amended, gives primary responsibility to local authorities to identify and protect the architectural heritage by including particular structures on the Record of Protected Structures (RPS). As Minister, I can make recommendations to local authorities for buildings and structures to be included on the RPS. These recommendations arise from the surveys of my Department's National Inventory of Architectural Heritage (NIAH).
Its inclusion on Tipperary County Council's RPS places a duty of care on the owners and occupiers of Knocklofty House and also gives the Council powers to deal with development proposals affecting it and to seek to safeguard its future. The Council has confirmed that an initial site inspection was undertaken and more thorough inspections will be required internally and externally to determine the appropriate course of action to ensure that this building is protected. They further advise that they will need to gain access to the building and I understand that the legal ownership of the property is being questioned currently, and is being dealt with through the courts.
My Department provides financial support for the protection of heritage structures through the Historic Structures Fund (HSF) and the Built Heritage Investment Scheme (BHIS). I recently announced combined funding of €6m to 562 projects under these schemes. Details of the 2022 schemes will be made available later this year.
On 12 May last, I met with local people to discuss their concerns about Knocklofty House and I stressed that crucial to the future of this structure is the identification of a viable use or uses with sufficient income to ensure its survival. I outlined the financial supports for heritage structures available under the Historic Structures Fund and the Built Heritage Investment Scheme.
While I understand that the scale of investment needed for the structure mentioned may mean that the levels of grant funding available under these schemes would not, on its own, be sufficient, it may provide some support to safeguard it from falling into further disrepair. My Department would welcome a grant application in respect of same.
I fully understand and appreciate the value of our built heritage, including at a local level, and I have asked officials in my Department to remain in contact with Tipperary County Council on this matter.
77. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that apartments, like traditional houses, are homes for many persons and thus include them in the provisions relating to the land development authority Bill. [33866/21]
View answerThe Land Development Agency (LDA) was established on an interim basis in September 2018, by way of an Establishment Order made under the Local Government Services (Corporate Bodies) Act 1971, pending the enactment of primary legislation when it will be established as a commercial State agency.
In accordance with the Programme for Government, legislation to establish the LDA on a statutory basis is being progressed as a matter of urgency. The Land Development Agency Bill 2021 will focus on the establishment of the corporate form and financial structure of the Agency. The Bill recently concluded Committee Stage in Dáil Éireann.
As drafted, any reference to a house in the Land Development Agency Bill 2021 can include an apartment. Under Section 3 of the Bill, 'house' has the same meaning as it has in section 2 of the Planning and Development Act 2000, as amended. The Act of 2000 defines a house as 'a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building'.
The LDA will provide a range of housing, including apartments, taking account of the specific needs of the relevant area.
78. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage the action he plans to take to support renters outside of rent pressure zones in County Galway; and if he will make a statement on the matter. [33890/21]
View answerThe Government is committed to ensuring that affordable, quality housing solutions are available to everyone in Irish society and supporting renters is a key component of that. The Affordable Housing Bill 2020 will ensure that affordability is put at the heart of the housing system and will underpin the new local authority led scheme of affordable homes for purchase, an Affordable Purchase Shared Equity Scheme (private lands) and, for renters in Co. Galway and all over Ireland, the introduction of a new national Cost Rental scheme.
This year will also see the first ever cost rental units, more than 400 units, built and occupied in the State. Cost rental is targeted at moderate income households where the rent charged only covers the cost of provision of homes. The Land Development Agency will be put on a statutory footing and given capital to ramp up cost rental provision to the scale needed in counties such as Galway.
The Government has, and continues to, put in place enhanced legislative protections for renters during the pandemic. There are targeted protections for renters with evictions bans in place during periods of restricted movement and protections for renters whose income has been impacted by the pandemic.
Building on the urgent Covid-19 rental measures to date, the Government plans through the Residential Tenancies (No. 2) Bill 2021 to extend by a further 6 months until 12 January 2022, the targeted protections under the Planning and Development, and Residential Tenancies, Act 2020 for those tenants whose income has been impacted by Covid-19 resulting in rent arrears and the risk of tenancy termination.
Low-income tenants are disproportionately employed in sectors that have been severely affected by Covid-19 restrictions. Significant State income supports are available to assist tenants to pay their rent including changes to the Rent Supplement eligibility rules for tenants whose income has been reduced because of Covid-19.
For any tenants impacted by rent arrears, my Department has published a guidance document, Part 3 (Residential Tenancies) of the Planning and Development, and Residential Tenancies, Act 2020 - Guidance for Landlords and Tenants, which sets out the enhanced rental protections for tenants and landlords dealing with rent arrears that succeeded those provided under the Residential Tenancies and Valuation Act 2020, and provides details on the income and other supports available to tenants and landlords. The document is available on the RTB's website - www.rtb.ie .
The Housing (Standards for Rented Houses) Regulations 2019 specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light and the safety of gas, oil and electrical supply. All landlords have a legal obligation to ensure that their rented properties comply with these regulations and responsibility for the enforcement of the Regulations rests with the relevant local authority.
On 1 July 2019, the Residential Tenancies (Amendment) Act 2019 expanded the role of the Residential Tenancies Board (RTB) to investigate and sanction landlords who engage in certain breaches of the law, defined in the Schedule 2 of the Residential Tenancies Acts as Improper Conduct. The breaches of rental law that the Investigations & Sanctions (I&S) unit of the RTB can investigate include: failure to comply with RPZ requirements; failure to register a tenancy; a reason given on a notice of termination that is known to be false or misleading; and failure to offer a tenant their tenancy back when certain conditions have been met. The RTB also has the power to impose sanctions if improper conduct by a landlord is found to have occurred, ranging from a formal written caution and/or a fine of up to €15,000 and/or costs up to €15,000.
The Programme for Government - 'Our Shared Future', commits to improve the security of tenure for tenants, through legislating for tenancies of indefinite duration, increasing Residential Tenancies Board enforcement and examining incentives for long-term leasing.
The Residential Tenancies (No. 2) Bill 2020 also includes provision to restrict the amount of money required to be paid as any advance rent payment and/or a deposit to secure a tenancy and limits regular advance rent payment to cover no more than 1 month's rent.
My Department, the Housing Agency and the RTB keep the operation of the rental market and the Residential Tenancies Acts 2004-2021 under constant review and any necessary legislation will be progressed without delay to help provide long term security of tenure for tenants at affordable rents.
79. Deputy James O'Connor asked the Minister for Housing, Local Government and Heritage if he will request all local authorities to register all public rights of way within their boundaries and to be cognisant of them when adjudicating over planning permission; and if he will make a statement on the matter. [33895/21]
View answerThe decision to register a right of way is a matter for the relevant local authority, and the Property Registration Authority will facilitate this according to the relevant statutory provisions.
In relation to planning permission being granted on public rights of way, under Section 30 of the Planning and Development Act 2000 (as amended) (the 2000 Act), I as Minister am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
More generally, however, in making or varying a development plan or local area plan, local authorities must have regard to the National Planning Framework, the relevant Regional, Spatial and Economic Strategy and any relevant Section 28 Guidelines of the 2000 Act. Section 14 of the 2000 Act provides for the inclusion of specific public rights of way within the Development Plan. Planning applications made to a local authority must be consistent with the relevant county development plan and local area plan.
It is noted that Section 14(7) of the 2000 Act states:-
"(a) Nothing in this section shall affect the existence or validity of any public right of way which is not included in the development plan.
(b) The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown."
Permeability within urban centres and encouragement of active travel modes is taken into consideration during assessment of all relevant planning applications.
80. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage his plans to streamline HAP rates at the higher rate to the equivalent of the homeless HAP rates as the rationale for the mainstream HAP is insufficient funds; and if he will make a statement on the matter. [33752/21]
View answerThe Housing Assistance Payment (HAP) is a form of social housing support for people who have a long-term housing need. If a household has been deemed eligible for social housing support, it is a matter for the local authority to examine the suite of social housing supports available, including the HAP scheme, to determine the most appropriate form of social housing support for that household in the administrative area of that local authority.
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.
While there is no legislative provision precluding HAP supported households contributing towards the monthly rent required by the landlord, local authorities have a responsibility to ensure that tenancies are sustainable and that households in HAP are in a position to meet the rental costs involved.
In considering this issue, the Department is conscious that increasing the current HAP rent limits could have negative inflationary impacts, leading to a detrimental impact on the wider rental market, including for those households who are not receiving HAP support.
My Department keeps HAP rent limits under constant review, as well as the use of discretion by local authorities. I am satisfied that the current maximum rent limits, together with the additional flexibility available to local authorities, are generally sufficient to support the effective operation of the HAP scheme. However, I continue to keep the matter under review.
81. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the steps he will take to ensure that local authorities collect the full vacant site levy that is due; and if he will make a statement on the matter. [33463/21]
View answerUnder the vacant site levy provisions in the Urban Regeneration and Housing Act 2015, 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.
My Department proactively engages with local authorities with a view to ensuring that the vacant site levy achieves its full potential in terms of bringing concerned sites into productive use. In this regard, my Department issued Circular Letter PL 03/2021 on 8 March 2021 requesting the submission of a progress report on the collection of the levy by each local authority. A response has now been received from each of the 31 local authorities. My Department is currently assessing the responses received and intends to proactively engage with individual local authorities as necessary and identify any issues to be addressed. This is in line with the commitment in the Programme for Government - Our Shared Future to strengthen enforcement of the vacant site levy while also keeping the legislation under review.
82. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the actions he plans to take to strengthen the Derelict Sites Act 1990 and to support local authorities in their ability to tackle derelict sites. [33893/21]
View answerThe Derelict Sites Act 1990 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 Derelict Sites Act 1990 confers significant powers upon local authorities, including requiring owners or occupiers to take appropriate measures on derelict sites, acquiring derelict sites by agreement, or compulsorily, and applying a derelict sites levy on derelict sites. It is a matter for local authorities to determine the most appropriate use of the legislation within their respective functional areas.
Under the Act, local authorities are required to maintain a derelict sites register, which includes the name and address of each owner and occupier, where these can be ascertained by reasonable enquiry, of any land which, in the opinion of the local authority, is a derelict site. Under section 8(5) of the Act, a copy of the derelict sites register for any local authority can be inspected at the offices of that authority during office hours. Members of the public can engage with their local authority in relation to addressing individual derelict sites in their local areas.
Under the Planning and Development (Amendment) Act 2018, both the Derelict Site Levy and the Vacant Site Levy increased from 3% to 7% of the market valuation of relevant sites with effect from January 2020. These levies are applied annually for as long as relevant sites remain derelict or vacant. This change in the rate of the levies is intended to ensure that the levies have more meaningful impact and that the powers of local authorities in tackling dereliction and vacancy are strengthened for the purpose of bringing relevant sites into productive use, thereby facilitating urban regeneration and development in designated areas while also combatting land hoarding.
While the legislation is kept under regular review, there are no plans to amend the legislation at this point in time.
84. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage the work his Department has undertaken with the Residential Tenancies Board to ensure that landlords who are not registered with the board but have properties let out to tenants will meet their legal requirements; and if he will make a statement on the matter. [33757/21]
View answerThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2021, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. Registered landlords and all tenants can apply to the RTB for dispute resolution.
Section 134 of the Acts requires a landlord to apply to the RTB to register a tenancy of a dwelling within one month of its commencement. All private landlords, Approved Housing Bodies and providers of Student Specific Accommodation are required to register their tenancies with the RTB. Managing the registration of tenancies is a core function of the RTB. This allows the RTB to collect and provide definitive data on the rental sector and for transparency across the rental sector through the public register of tenancies; thus, enabling a better understanding of the sector.
Non-compliance with the requirement to register a tenancy is dealt with by two processes in the RTB, the Registration Enforcement Process or the Investigations and Sanctions Process.
The RTB has registration enforcement powers to pursue landlords who have not complied with their obligation to register their tenancies. Failure to register is an offence which may result in a criminal conviction, a fine of up to €4,000 and/or up to six months imprisonment. The RTB makes every effort to inform landlords of their obligations to register and legal action is taken as a last resort. The RTB, receives information from different sources regarding whether a tenancy is registered or not, including local authorities, members of the public, RTB checks and follow-ups and the Department of Social Protection. The RTB writes to landlords directly and gives them opportunities to comply before legal action is taken. The majority of landlords who are contacted are already complying with their obligation or then comply with their obligation to register which halts any requirement for the formal enforcement process. However, in a small number of cases formal notices and Solicitor Letters must be issued.
The RTB has an Investigations and Sanctions unit dedicated to investigating certain potential breaches of rental law by a landlord referred to as improper conduct under Schedule 2 to the Acts. One of the breaches that can be investigated is a failure to register a tenancy with the RTB within one month of the tenancy commencing. The Investigations and Sanctions Unit can start an investigation either as a result of information received from members of the public or as a result of information gathered from records that the RTB has access to under the Residential Tenancies Acts. If a landlord is found to have engaged in improper conduct, a sanction may be imposed on them by an independent Decision maker which may comprise on or all of the following - a written caution, a monetary sanction of €15,000 and €15,000 in costs.
The Residential Tenancies Board displays comprehensive information on its website - www.rtb.ie.
85. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he is considering a rent freeze; and if he will make a statement on the matter. [33753/21]
View answerThe Planning and Development (Housing) and Residential Tenancies Act 2016 introduced the Rent Predictability Measure to moderate rent increases in those parts of the country where rents are highest and rising fastest.
The rent increase limit of 4% per annum that applies in Rent Pressure Zones (RPZs) provides for a modest increase in revenue for accommodation providers to ensure that rental properties are maintained to meet minimum standards. The introduction of the rent increase restriction in RPZs had regard to the constitutionally protected property rights of landlords and takes account of local rental market factors, providing certainty to tenants and landlords with regard to medium-term rent levels.
The Rent Predictability Measure is due to expire on 31 December 2021 and any necessary rent controls from 2022 are currently being examined.
Any proposed measure that impacts on private property rights requires detailed consideration and scrutiny having regard to the provisions of article 43 of the Constitution and the associated legal complexities.
86. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Local Government and Heritage if the recent changes to household means policy 2021 issued in April 2021 take into account recent changes in circumstances; if the net average income average over the past 52 weeks applies without discretion; and if he will make a statement on the matter. [33051/21]
View answerApplications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.
Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Additional Superannuation Contribution. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature.
The determination of whether an applicant household meets the income criteria is based on a calculation of their preceding 12 months’ net average income prior to the date of receipt of application. This ensures that the most comprehensive picture of a household’s current and previous income is available at the point of carrying out the assessment.
Social housing support is intended to address a household’s long-term housing need and it is therefore important to note that where households are in need of short term support, such as Rent Supplement, they should make application to the Department of Social Protection.
In relation to the Pandemic Unemployment Payment (PUP), Circular 38/2020 regarding the treatment of the Covid-19 Pandemic Unemployment Payment (PUP) when assessing and/or reviewing income eligibility for social housing support was issued to local authorities. The Circular advises that the PUP payment should be considered as temporary in the overall context of an applicant household's income. In this regard, when assessing a household, the household’s income immediately prior to receipt of the PUP should be considered by the authority. Based on all of the available income information, the authority must then make a decision as to whether the household meets the income criteria.
Decisions on the qualification of specific persons for social housing support and the allocation of that support are a matter solely for the local authority concerned.
89. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the way that possible burial sites and sites of historic significance will be protected in county development plans; and if he will make a statement on the matter. [33465/21]
View answerI refer to my previous response Question No. 45 of 5 May 2021, which sets out the statutory position in relation to the matter raised.
Subsequent to that, on 8 June 2021, I received correspondence from my colleague the Minister for Children and Equality drawing my attention to particular actions as set out in the Commission of Investigation’s report. Implementation of the actions identified is a matter for the relevant local authorities.
With specific reference to county and city development plans, the preparation of these plans is a core function of each planning authority and must be undertaken in accordance with the provisions of the Planning and Development Act 2000. I am satisfied that there are provisions in the Planning and Development Act which enable local authorities in their role as planning authorities, to take a precautionary approach where there is any evidence of burial sites and to properly safeguard any such sites from potentially harmful development and am currently considering how best to give effect to this.
