Catherine Murphy
Question:226. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will provide the 2023 allocations for each local authority. [50817/22]
View answerLocal Authorities
Questions (226)
Written answers
I wish to inform the Deputy that information in respect of amounts distributed from the Central Fund in the current year (up to year-end September 2022) is publicly available on the Department's website as part of the Fiscal Monitor - September 2022.
Rail Network
Questions (227)
Michael Ring
Question:227. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage if the new metro will have implications for the various cultural and archaeological artefacts in St. Stephen's Green; if iconic statues and architectural structures will be preserved; if a cultural audit has been carried out; and if he will make a statement on the matter. [50965/22]
View answerWritten answers
As this is a live planning case, I am precluded from comment thereon.
State Bodies
Questions (228)
Gary Gannon
Question:228. Deputy Gary Gannon asked the Minister for Housing, Local Government and Heritage if he will consider putting an ABP submission cost-waiver in place for those in receipt of social welfare payments in order to allow them to participate fully in the planning process, given that the National Transport Authority opted to run the MetroLink railway order and Ballymun CBC application processes at the same time. [51088/22]
View answerWritten answers
An Bord Pleanála ('the Board') is independent in the performance of its functions under the Planning and Development Act 2000 (as amended). Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is Oireachtasqueries@pleanala.ie.
Under section 144 of the Planning and Development Act 2000, as amended, An Bord Pleanála may determine fees that may be charged, subject to the approval of the Minister in relation to any case that is within its jurisdiction. The relevant statutory provisions also provide that the Board shall review the approved fees from time to time but must undertake a review, based on changes in the Consumer Price Index (CPI), at least every three years and can adjust fees up or down within CPI change limits without the necessity for Ministerial approval.
While section 144(1B) provides, inter alia, for exemptions or waivers of fees, An Bord Pleanála has advised my Department that they have no current proposals to waive or reduce the fees as outlined by the Deputy.
Judicial Reviews
Questions (229)
Catherine Murphy
Question:229. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the number of judicial reviews taken against his Department in the past ten years to date in 2022, in tabular form; if he will indicate in the reply the body and or person that initiated judicial review proceedings; the number of judicial reviews that remain open and or active; and the totality of costs incurred by his Department as a result of judicial reviews over that time period. [50760/22]
View answerWritten answers
The information requested is being compiled and will be forwarded in accordance with Standing Orders.
The following deferred reply was received under Standing Order 51.
My Department seeks, where possible, to minimise legal costs and avails of the services of the Chief State Solicitor's Office, the Attorney General's Office and the State Claims Agency in terms of the provision of legal advice and representation of the Department in Judicial Review court cases and any subsequent appeals. From the records available to me, details of Judicial Review cases taken against decisions of my Department in the past ten years to date, including; the names of the bodies or persons that initiated the cases; the status of the cases; and details of costs incurred by my Department; are set out in the table attached.
State Bodies
Questions (230)
Jackie Cahill
Question:230. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage if there is a timeframe for when a referendum will be held on the ownership of Irish Water; and if he will make a statement on the matter. [50778/22]
View answerWritten answers
A Framework for the future delivery of water services was identified with unions at the Workplace Relations Commission on 24 June 2022. My Department also hosted parallel engagement with unions on a number of policy matters of relevance to workers in the context of the overall water transformation programme, including a referendum on water ownership. A paper entitled Irish Water Transformation - the Wider Policy Context was shared with unions on 18 July 2022 to reflect the engagement outcomes. It sets out the planned approach to bring forward a referendum proposal on water ownership for consideration by Government in conjunction with the anticipated recommendation of a proposed referendum on housing from the Commission on Housing. The Framework document and the Wider Policy Context paper are available to members in the Oireachtas Library.
Housing Schemes
Questions (231)
Steven Matthews
Question:231. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding changes to the cost rental equity loan scheme; if the total level of funding available from his Department that has been increased to account for these changes; and if he will make a statement on the matter. [50818/22]
View answerWritten answers
The Government's Housing for All strategy commits to delivering a total of 18,000 Cost Rental homes over the period to 2030. Significant funding has been secured and is being made available to support delivery of Cost Rental by Approved Housing Bodies (AHBs), Local Authorities and by the Land Development Agency (LDA).
Delivery will increase incrementally, to an average of 2,000 Cost Rental homes per year. 10,000 Cost Rental homes will be delivered from 2021 to 2026. AHBs will be supported by Cost Rental Equity Loan (CREL) funding and Local Authorities will be able to avail of funding for Cost Rental delivery through the Affordable Housing Fund (AHF). The LDA will also deliver Cost Rental on its own portfolio of sites, or through acquisitions under Project Tosaigh.
International events have contributed to an increase in the cost of loan co-financing and the trajectory of interest rates which impacts AHB delivery of Cost Rental homes as well as all housing providers. Combined with the ongoing impact of construction cost inflation, the viability of schemes has become more challenging, negatively affecting the required level of cost rent paid by tenants.
With this in mind, Government has decided that it is appropriate to increase the funding ceilings available per dwelling delivered for both the CREL and AHF schemes. My Department is working on operationalising these increases. The changes for both schemes will be subject to defined criteria which allows the demonstration of need and the operational parameters for implementation are currently being finalised and will be completed over the coming weeks.
Budget 2023 saw the funding allocation for CREL increase from €70m in 2022 to €75m for next year, while funding for Local Authorities through the AHF rose from €60m in 2022 to €90m for 2023. The changes to these two schemes, combined with the increased funding available, will help to address some of the challenges faced by AHBs and Local Authorities in the continued implementation of Cost Rental schemes. The funding available will help to continue to target rents achievable for Exchequer-supported Cost Rental homes at a minimum discount of 25% below open market rates.
Housing Schemes
Questions (232)
Michael Healy-Rae
Question:232. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question Nos. 192 and 193 of 6 October 2022, if he will provide this Deputy with the most up-to-date unit ceiling costs for new-build social housing schemes for houses and apartments built in each local authority area; and if he will make a statement on the matter. [50856/22]
View answerWritten answers
My Department provides Unit Cost Ceilings (UCCs) to each local authority as a key benchmark for the development and costing of new build social housing. As UCCs are based on previously tendered social housing construction projects, they act as useful guide costs for local authorities and Approved Housing Bodies against which to benchmark their projects.
A copy of these UCC’s in tabular format will be provided in accordance with Standing Orders.
The following deferred reply was received under Standing Order 51
A reply has issued directly from Minister O'Brien providing the Deputy with the information sought.
Departmental Correspondence
Questions (233)
Michael Healy-Rae
Question:233. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to any three-bedroom house in good condition in a primary county town of Kerry for sale (details supplied); and if he will make a statement on the matter. [50857/22]
View answerWritten answers
The acquisition of properties for social housing is a matter for each local authority. Local authorities currently have delegated sanction, which allows them to acquire any property up to the upper acquisition threshold of the acquisition cost guidelines, without having to seek Department approval. These guidelines were issued to local authorities last May.
Should the local authority wish to acquire a property in excess of these thresholds, they may submit an application to the Department. Each application will be considered on its own merits.
Defective Building Materials
Questions (234)
Richard O'Donoghue
Question:234. Deputy Richard O'Donoghue asked the Minister for Housing, Local Government and Heritage when engineers for the Pyrite issue in County Limerick will be appointed; and if he will make a statement on the matter. [50934/22]
View answerWritten answers
Following on from the Government decision of the 30 November 2021 in respect of the enhanced Defective Concrete Blocks Grant scheme, the Government approved the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022 on 21 June and the Bill passed through both Houses of the Oireachtas and was subsequently signed into law by the President on the 23 July, 2022.
The purpose of this Act is to implement and give legislative underpinning to a series of measures to improve and enhance the scheme as agreed by Government on 30 November 2021. Full details can be found at www.gov.ie/en/press-release/328d7-minister-obrien-welcomes-progress-on-enhanced-defective-concrete-blocks-grant-scheme/.
Under the Enhanced Grant Scheme the Housing Agency will act as agents on behalf of the local authorities. Applications received by a local authority will be referred to the Housing Agency to review the ‘Building Condition Assessment Report’ and determine if the home has met the ‘damage threshold’ for entry to the scheme. Once a home has met the damage threshold for entry to the scheme, the Housing Agency will arrange for the assessment, sampling testing and categorisation of dwellings on a priority basis in accordance with the national standard IS 465 and thereafter determine the appropriate remediation option and grant amount.
The Housing Agency is currently in the process of setting up a framework panel of Chartered Engineers who will carry out work for them in determining the appropriate remediation option for each individual home.
The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency.
The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material and not to damage arising in any other circumstance, e.g. such as pyrite in concrete blocks.
The pyrite remediation scheme is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website, www.pyriteboard.ie.
As matters currently stand, the owners of dwellings located within the counties of Kildare, Meath, Westmeath, Offaly or the administrative areas of Fingal County Council, Dublin City Council, Dun Laoghaire-Rathdown, South Dublin or Limerick City and County Council, are eligible to apply for remediation works under the scheme.
Since the Pyrite Resolution Scheme has been in operation, there have been 16 homes remediatied in the Limerick City and Council area.
Housing Policy
Questions (235)
Robert Troy
Question:235. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage if he will provide details on the updated social housing income bands for County Westmeath. [50957/22]
View answerWritten answers
I recently approved changes to the social housing income eligibility bands. From 1 October, five local authorities - Carlow, Clare, Galway County, Laois and Westmeath - moved from Band 3 to Band 2. Accordingly, the baseline income eligibility threshold for these areas increased from €25,000 to €30,000.
A table setting out the details of the three bands and the limits currently applicable in each local authority area is available on my Department's website on the following link:www.gov.ie/en/publication/04c69-social-housing-support-table-of-income-limits/
Defective Building Materials
Questions (236)
Ivana Bacik
Question:236. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he will outline any changes to law or to procedures that have been or will be made, in order to ensure that homeowners will in future have effective remedies in the event of damage caused by defective construction or materials. [50960/22]
View answerWritten answers
In response to the difficulties that homeowners are facing due to the presence of deleterious material in their houses, my Department has put a number of measures in place to support homeowners including providing considerable financial assistance to remediate their homes. These include the Pyrite Remediation Scheme and the Defective Concrete Blocks Scheme, both of which are underpinned by legislation.
In regard to defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013, following receipt of the report of the working group I established to examine this issue, I am currently developing options which I intend to bring to Government before the end of the year with a view to providing support for homeowners who find themselves in a difficult financial situation through no fault of their own.
In addition, a range of building control reforms which focus on ensuring strong and effective regulation in the building control system and the construction industry and on improving compliance with Building Regulations have been implemented. This includes:
a. implementation of the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014). These Regulations empower competence and professionalism in construction projects and establish a chain of responsibility that begins with the owner. With certain limited exceptions, the owner must assign competent persons to design, build, inspect and certify the building works who, in turn, must account for their role through the lodgement of compliance documentation, inspection plans and statutory certificates. The roles and responsibilities of owners, designers, builders, assigned certifiers, etc. during building works are set out in the Code of Practice for Inspecting and Certifying Buildings and Works. The Code of Practice also provides guidance on use of proper materials and the need to check supporting documentation under the Construction Products Regulation (e.g Declaration of Performance) and additional national guidance (e.g. Standard Recommendations produced by NSAI).
b. the creation of the National Building Control Management Project and the establishment of the National Building Control & Market Surveillance Office to provide oversight, support and direction for the development, standardisation and implementation of Building Control as an effective shared service in the 31 Building Control Authorities.
c. The enactment in July 2022 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022. This Act develops and promotes a culture of competence, good practice and compliance with the Building Regulations in the construction sector. The Act will put the Construction Industry Register Ireland on a statutory footing and aims to benefit consumers and the general public by giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. The Act also allows for complaints against registered builders to be made on a number of grounds – in particular an entity providing building services in a category in which they are not registered. It provides for a range of proportionate sanctions to be imposed after investigation. Complaints in relation to building regulations will continue to be dealt with under the Building Control Act.
To further support the building control system, preparatory work is progressing on establishing an independent Building Standards Regulator to oversee building control nationwide and to act as custodian of the Building Control Management System.
Other significant pieces of redress and producers’ liability legislation which may apply to construction products are the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980; and the Liability for Defective Products Act 1991 which fall under the remit of my colleague the Minister for Enterprise, Trade and Employment.
Flood Risk Management
Questions (237)
Denis Naughten
Question:237. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 198 of 7 July 2022, the steps that he is taking on foot of the correspondence he has received from the OPW on legislative concerns with regard to flood relief measures at Lough Funshinagh, County Roscommon; and if he will make a statement on the matter. [50974/22]
View answerWritten answers
My Department continues to liaise with the Office of Public Works, as appropriate, in relation to this matter. The question of legislative change does not arise in this context.
Housing Schemes
Questions (238)
Denis Naughten
Question:238. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage if he will review the policy whereby the HAP payment cannot be paid to families lucky enough to secure a holiday home to rent where the planning conditions prohibit semi-permanent occupancy, or where the rental is not solely for the purposes incidental to holiday homes; and if he will make a statement on the matter. [51011/22]
View answerWritten answers
The Housing Assistance Payment (HAP) is a form of social housing support available for people who have a long-term housing need. Any household assessed as eligible for social housing is immediately eligible for HAP. Eligible households can source their own accommodation in the private rental sector which should be within the HAP rent limits provided to them by the local authority.
The HAP scheme is legislated for under Part 4 of the Housing (Miscellaneous Provisions) Act 2014. Consistent with the provisions in section 46 of the 2014 Act, once approved for HAP, the local authority will expect the HAP tenant to stay in the same property for at least two years.
Under the Planning and Development Act, 2000, as amended, all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. In some cases, when the initial planning permission for a holiday home is sought, planning authorities have additionally specified by way of planning condition (such as an occupancy clause) that such holiday homes cannot be used for permanent residential purposes. It is considered that a change of use of a holiday home to a place of permanent residence would be a material change of use requiring planning permission.
If the owner of a holiday home wishes for the premises to be used as place of permanent residence, then they may lodge a planning application to the relevant planning authority for a change of use from holiday home to residential use. It is a matter for the planning authority to decide such applications on a case by case basis.
Decisions in relation to HAP, including the suitability of HAP accommodation, is a matter for the local authority concerned.
Rental Sector
Questions (239)
Catherine Connolly
Question:239. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage the protections that are in place or are planned to be put in place for tenants or licensees whose utilities are under the control of their landlords; the protections that are in place for tenants if a landlord or utility company turns off that utility in circumstances where a landlord wants to evict a person or in circumstances where the landlord fails to pay the bill; and if he will make a statement on the matter. [51018/22]
View answerWritten answers
The Residential Tenancies Acts 2004-2022 (RTA) regulate the landlord-tenant relationship in the private rented sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
Section 16 of the RTA obliges a tenant to pay any charges or taxes in accordance with the lease or tenancy agreement unless they are unlawful or contravene any other enactment.
In general, the question of whether or not a tenant has to pay charges to a landlord depends on the terms of the lease or tenancy agreement. The amount of any such charges, if applicable, is a matter to be agreed between landlord and tenant. Contract law governs such arrangements. The specific terms associated with an individual tenants rights and obligations are likely to be set out in a written contract signed by both the tenant and the landlord.
While the vast majority of people who rent their homes have their own Meter Point Reference Number (MPRN), there may be some who could have arrangements whereby their landlord holds the MPRN and energy costs are paid to the landlord. There is no data set identifying this cohort. My Department and the RTB has worked with the Department for the Environment, Climate and Communications to make people aware of the RTB mediation services available to tenants in the event landlords do not pass on credits to tenants. The RTB has reported that contacts with them on this matter were extremely low with regard to the first Electricity Account Credit Scheme.
The RTB takes illegal eviction, including by the cutting off of essential utility services, very seriously as it can potentially leave a tenant homeless. The RTB actively intervenes when requests for supports are received in the context of illegal evictions and its interventions are usually successful. While a request for tenant support can be in relation to access to property and return of belongings, the focus of the RTB’s intervention is the maintenance of the tenancy.
The RTB engages with landlords to advise on the serious consequences of illegal evictions, including the possibility of being directed to allow the tenant re-entry into the dwelling and the possibility of being required to pay substantial damages if a dispute case is referred by the tenant to the RTB for resolution.As the RTB has replaced the courts in residential tenancy dispute resolution, it has a responsibility towards all parties to ensure that a fair hearing is conducted and that each party will have the opportunity to set out their case. Any RTB decision is based on the facts and evidence of the case.Where a landlord is determined under a RTB dispute resolution process to have engaged in an illegal eviction, the landlord may be directed to allow the tenant to re-enter the dwelling. Furthermore, a landlord may also be required to pay substantial damages (up to €20,000) depending on the circumstances of the case.In the vast majority of cases, the immediate threat to eviction is abated through RTB intervention and dispute resolution cases. Where a resolution cannot be found, and a tenant has been forcibly removed from a property, the RTB may seek a court injunction under section 189 of the RTA to have the tenant reinstated until a dispute resolution case is concluded.
Housing Schemes
Questions (240)
Bernard Durkan
Question:240. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage the extent to which LIHAF funds awarded to Maynooth, County Kildare, some years ago, have been drawn down to date; the extent to which the works for which the funding was intended has been initiated; when it is expected that the entire programme will be completed given that delays are hampering the building of much needed houses in the area and the contributing to the ever-increasing traffic congestion arising from the lack of an eastern bypass in the town; and if he will make a statement on the matter. [51045/22]
View answerWritten answers
The Local Infrastructure Housing Activation Fund (LIHAF) is a scheme which funds the building of public infrastructure by local authorities. Its objective is to provide public off-site infrastructure to relieve critical infrastructure blockages to housing delivery. This enables the accelerated delivery of housing on key development sites in Dublin and in urban areas of high demand. LIHAF was designed to specifically address the issue of housing supply, a crucial factor in terms of moderating house prices. Infrastructure being funded under LIHAF includes access roads, distributor roads, link roads, road improvements, roundabouts, bridges and parks.
In 2017, grant agreements for 30 approved projects were signed between my Department and local authorities. One such project is at Maynooth, Co. Kildare. Kildare County Council were approved grant funding for the construction of the Maynooth Eastern Relief Road (MERR) and a bridge crossing a railway and the Royal Canal. The total approved grant funding for this project is €14.5m with €10.88m (75%) being funded by my Department and the remaining 25% being funded by Kildare County Council. To date, Kildare County Council have drawn down €814,000 in exchequer funding for project costs associated with this LIHAF project.
I understand that developers are currently engaged in the planning process for the delivery of housing units on LIHAF lands. Kildare County Council are liaising with a diverse number of stakeholders including my Department to advance the MERR project with these discussions currently ongoing.