Written Answers Nos. 376-400
376. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage if there is any insurance scheme or support provided by the Government to help owners of thatched cottages to insure their homes; and if he will make a statement on the matter. [54500/22]
View answerI am very aware of the concern expressed by owners of thatched properties in relation to their difficulties with insurance. Under Action 6 of the strategy for built vernacular heritage, A Living Tradition, launched in December 2021, my Department has undertaken to “investigate and work to resolve the urgent issue of affordability of insurance for thatched buildings”, as well as other relevant issues relating to thatch and thatched buildings.
My Department’s built heritage unit has been working to progress the resolution of these issues and a steering group, expressly tasked with advising on this particular action, has been set up. This group is chaired by a thatcher, who is also a thatch-owner, and includes a second thatch owner, a thatching inspector with the Department, and a local authority architectural conservation officer and a heritage officer, a representative of the Heritage Council, and a representative of the Department for Communities (NI).
A specialist has also been engaged to carry out an urgent assessment of the insurance sector as it applies to thatched properties. This has involved engagement with thatch-owners, insurance brokers, insurance companies, the supervisory authorities (including the FSPO, Central Bank, Department of Finance), local authorities and any other relevant bodies. An interim report was received at the end of September and the final report is due at the end of this month. My Department is prepared to act quickly on the findings of this report. In the meantime, we continue to explore all options for dealing with these matters.
My Department provides grants to owners of thatched buildings through the Thatch Repair Grant Scheme, the Historic Structures Fund (HSF), and the Built Heritage Investment Scheme (BHIS). These grant programmes do not subsidise insurance costs, but can be used to fund works to thatch roofs and (in the case of the HSF and BHIS) other conservation works in thatched buildings.
377. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he will provide a comprehensive copy of the briefing notes and recommendations that he received from his Department in respect of the 2022-2023 General State-wide Wild Birds Declaration that he signed on 6 July 2022. [54567/22]
View answerI refer to the reply to Question 350 of 18 October 2022. My office has arranged for the briefing note in respect of the 2022-2023 General State-wide Wild Birds Declaration signed on 6 July 2022 to be provided on 2 November 2022.
378. Deputy Louise O'Reilly asked the Minister for Housing; Local Government and Heritage if his Department and or the National Parks and Wildlife Service (NPWS) retains the records/file pertinent to the research, consultation and preparatory work for the drafting and final approval of S.I. No. 254/1986 - European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986; if, in so doing, his Department is in contravention of the terms of the National Archives Act 1986 Regulations 1988 which require Government Department records/files to be transferred to the Office of the National Archives when they are thirty years old; and if so, if he will instruct his Department and the NPWS to provide a full copy of the records/file. [54568/22]
View answerI refer to the reply given to Parliamentary Questions 351 and 352 on 18 of October 2022.
My officials are continuing to search for files and records pertinent to the research, consultation and preparation work for the drafting and approval of the European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986.
It should be noted that file reference number 2016/2/167 for the file of the Office of the Attorney General relating to the European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986 is archived at the Office of the National Archives under the National Archives Act, 1986, Regulations 1988.
379. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the number of applications for the shared equity local scheme; the number of approvals; if he will provide a breakdown of approvals by loan-to-value at 90%, 85%, 80%, 75%, 70%; if he will provide a breakdown of draw-downs by loan-to-value at 90%, 85%, 80%, 75%, 70%; the average house price for all approved applications; and the average house price for all draw-downs in tabular form. [54606/22]
View answerThe First Home Scheme, launched on 7 July this year, supports first-time buyers in purchasing new houses and apartments in the private market through the use of an equity share model. Full details of the First Home Scheme, including details of the price ceilings, are available on the scheme website: www.firsthomescheme.ie.
The First Home Scheme DAC is responsible for the operation, and official reporting, of the First Home Scheme on behalf of all shareholders. However, I am in a position to make the following information available, from First Home Scheme’s first quarterly report which covers the period from First Home’s launch on July 7th to October 6th:
- 508 buyers in 23 counties have been approved by the Scheme and have received eligibility certificates which will allow them to proceed towards purchasing their chosen home. (A joint application is counted as one buyer, not two).
- A further 203 applications are currently being processed, with approvals expected to issue shortly in most of these cases.
- A total of 1,862 potential buyers have registered their interest in the Scheme (823 individual buyers and 1,039 couples)
- The 508 eligibility certificates have been approved for homes with an average purchase price of €359,000.
- 66% of the eligibility certificates approved have been for properties in Dublin, Kildare, Meath and Wicklow, with the remaining 34% spread across 19 counties throughout Ireland.
- The average support so far provided by First Home to customers at draw down is €79,000.
- The First Home Scheme will complete its review of the price cap in each local authority area (a measure to prevent distortion in each local housing market) in the coming weeks and announce the outcome of this review in January.
Approvals by county are as follows:
|
TOTAL |
508 |
|
Kildare |
132 (26%) |
|
Dublin |
124 (24%) |
|
Cork |
86 (17%) |
|
Meath |
41 (8%) |
|
Wicklow |
36 (7%) |
|
Other counties |
89 (18%) |
380. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage if consideration has been given to allowing HAP recipients who fall behind in rent payments to pay arrears through an affordable weekly payment; the reason that the process requires that HAP recipients must pay the amount in full as with local authority tenants; and if he will make a statement on the matter. [54637/22]
View answerTenants in the Housing Assistance Payment (HAP) scheme are required to sign a rent contribution agreement to pay a weekly rental contribution to the relevant local authority, in line with the local authority’s differential rent scheme. As set out in the rent contribution agreement, this weekly rental contribution must be paid by them so that they remain eligible for the HAP scheme.
The approach taken by the HAP Shared Services Centre (HAP SSC) has been very effective with minimal levels of rent arrears arising for tenants. At Q2 2022, the scheme had a 97% differential rent collection rate. Therefore, only a very small number of tenants have fallen into difficulty with their differential rent.
During the Covid-19 emergency, the HAP Debt Management Process (DMP) was suspended from March 2020 and partially re-commenced in October 2020. This meant non-payment of differential rent by a tenant during that time did not affect payments to HAP landlords. Tenants were, however, expected to continue to pay their rent with supports available for those financially impacted by Covid.
Following on from the successful roll out of the Covid vaccine programme and the reopening of society, the normal DMP was reinstated from 6 September 2021.
Tenants that incurred arrears during the Covid-19 emergency were given additional time to engage with the HAP Debt Management Unit to clear their arrears, as well as access to payment plans as a specific Covid measure. Under the normal HAP DMP payment plans are not offered or available to tenants at this stage of the process. The HAP SSC has now resumed the standard debt management process.
The National Homeless Action Committee (NHAC), which I chair, was established in December 2021 in line with a commitment set out in Housing for All. At the first meeting of NHAC, it was agreed that immediate priority would be given to additional measures to prevent homelessness. A number of measures have been identified and are now being advanced. Three separate subgroups have also been established to focus on specific areas of homelessness prevention. One of these subgroups is tasked with considering the risk of homelessness for HAP/HHAP tenants in arrears.
The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 was signed into law on 29 October 2022. The Act makes emergency provision to defer the termination dates of certain residential tenancies that fall, or would fall, during the period beginning on 30 October 2022 and ending on 31 March 2023 in order to mitigate the risk that persons whose tenancies would otherwise be terminated during that period would be unable to obtain alternative accommodation.
To assist households who may fall into difficulties with the payment of their differential rent, I have introduced an extension to the current debt management process for the duration of the emergency provision. It is expected that this extension will assist in preventing exits from HAP for the non-payment of rent.
HAP tenants in arrears should contact their local authority and the HAP SSC to discuss the options that are available to them to ensure the continuation of their HAP support.
381. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage the outcome of the investigation into complaints by a person (details supplied); the actions taken by his Department to address the issues raised; the date of the original complaints; the status of a report into the matter; if the report will be published; if so, when; and if he will make a statement on the matter. [54666/22]
View answerThe analysis by my Department of the complaints referred to by the Deputy, which were received by my Department in June 2016, has been completed. The matters that were the subject of the complaints mostly occurred over the period 2002 to 2004.
My Department found that many of the complaints had previously been considered or reviewed by an appropriate statutory body. Some of the matters raised had also been the subject of court judgements or a legal agreement. No new evidence was provided by the complainant. My Department concluded that there would seem to be no new information that could be expected to be elicited from a further review of the matters concerned.
My Department sought the advice of the Office of the Attorney General in preparing a redacted assessment for issue to the complainant with the intention of providing the material in a manner that is fair and respectful of the rights of all concerned, including the complainant and those named in the complaints. The assessment is not intended for publication in accordance with legal advice received.
382. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the number of stage 1 approvals for social housing projects by local authorities that have been refused in each of the years 2020 and 2021 and to date in 2022; the number of such refusals in each local authority; and if he will provide a summary of the grounds on which these stage 1 approvals were refused. [54679/22]
View answerThere have not been any outright refusals since 2020 of Stage 1 proposals made by local authorities to my Department in respect of social housing construction projects.
My Department adopts a consultative and supportive approach to the work by local authorities on such projects, including their work on areas such as site investigations, needs assessment, planning under Part 8 including community and local elected members’ consultations, project design and procurement of design teams and contractors, etc. This work by our local authorities runs in parallel to the assessment and approvals process overseen by my Department.
This co-operative approach is underpinned by regular contacts, including quarterly meetings to discuss and resolve technical issues relating to such projects. These contacts normally commence pre-Stage 1 and they continue over the pre-construction period and until the completion of the projects on site.
In the context of this approach, the refusal of Stage 1 proposals does not arise and instead, the shared focus is to overcome challenges that arise with projects, as swiftly as possible.
To further support local authorities in this work, I am providing funding for an additional 250 housing posts in local authorities nationally. I also introduced measures to further improve the quality, cost-effectiveness and pace of delivery of social homes, including the new Design Manual for Quality Housing to guide local authorities, AHB and their design teams and the de-risking of potential delays by facilitating and providing funding for pre-application site assessments and investigations.
The advancement of such a high volume of social housing construction projects will inevitably bring challenges but we rely on a consultative and supportive approach to project assessment and approval. My Department will continue to work cooperatively and supportively with local authorities to deliver record numbers of social housing over the period of Housing for All.
383. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 86 of 26 October 2022, if he will confirm that the Department has requested local authorities to exclude any category of household currently recorded on the PASS system from the date sent to his Department for the monthly homeless report; if so, the category of household, who they are excluded and the number of such households that were on the PASS system on any single date in September 2022. [54735/22]
View answerMy Department currently publishes data on a monthly basis on the number of homeless persons accommodated in emergency accommodation funded and overseen by housing authorities. These reports are based on data provided by housing authorities, produced through the Pathway Accommodation & Support System (PASS). The reports are collated on a regional basis and are available on my Department's website at the following link: www.gov.ie/en/collection/80ea8-homelessness-data/ and are also published to the Department of Public Expenditure and Reform's open data portal data.gov.ie/.
In 2018 it was established that a number of local authorities had been erroneously categorising individuals and families who had been provided with accommodation in local authority owned stock or in properties secured by the local authorities under other arrangements, as being in emergency accommodation. This also included instances where families who were at risk of homelessness had been supported to remain in their own homes via additional rental supports, funded from the homelessness budget.
In order to clarify the full extent of this practice, again in 2018, my Department wrote to each of the nine regional lead local authorities seeking exact data on the classification of houses and apartments as emergency accommodation, including those houses and apartments owned or leased by the local authorities. On the foot of clarifications from local authorities, it became apparent that homelessness data were being reported inconsistently on a national level. Therefore, in 2018 my Department instructed regional lead authorities that the monthly homelessness data should only reflect the number of persons accessing homeless emergency accommodation. There has been no change to this position since regional lead authorities were so instructed.
384. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage if it is correct that there are delays currently in his Department issuing archaeological licences for archaeological projects; if so, the reason for these delays; and if he will make a statement on the matter. [54757/22]
View answerA technical ICT issue that has now been resolved occasioned some recent delay with regard to the processing archaeological licences. The National Monuments Service of my Department is working hard to clear any remaining backlog.
385. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage if he will review correspondence from the local authority (details supplied); if he will address the issues outlined; and if he will make a statement on the matter. [54758/22]
View answer393. Deputy Matt Shanahan asked the Minister for Housing, Local Government and Heritage if he will agree to review the guidelines preventing those tenants living in part V properties from purchasing their homes under the local government tenant purchase schemes; his views on whether tenants who are living in these properties over ten years should be afforded the opportunity to buy their homes regardless of the original specified class of house they reside in; and if he will make a statement on the matter. [54919/22]
View answerI propose to take Questions Nos. 385 and 393 together.
I am not currently considering changes to the Tenant (Incremental) Purchase Scheme vis-à-vis inclusion of Part V properties provided for social housing support.
The Part V provisions seek to promote social integration and secure mixed tenure, sustainable communities. Accordingly, Part V properties secured for social housing are excluded from the scheme to ensure the original policy intent is not eroded over time and the properties remain available for people most in need of social housing support.
386. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage if he will review correspondence from a local authority (details supplied); if he will address the issues outlined; and if he will make a statement on the matter. [54759/22]
View answerI am currently considering potential changes to the social housing income eligibility model.
In the meantime, I have approved proposals to scope and develop options for a new income eligibility model. This work will commence shortly under the aegis of the Housing Agency who have been tasked with commissioning it and I expect that the work will complete by end Q4 2022.
I have also recently approved changes to the social housing income eligibility bands. Five local authorities - Carlow, Clare, Galway County, Laois and Westmeath - have moved from Band 3 to Band 2. Accordingly, the baseline income threshold for these areas has increased from €25,000 to €30,000. The change reflects the movement in rents in recent years in these areas and will ensure local authority areas with similar accommodation costs continue to be grouped together in the respective bands. The changes came into effect from 1 October 2022.
387. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage his plans to increase the home grants for older persons and people with a disability given the current inflation rate; and if he will make a statement on the matter. [54777/22]
View answerMy Department provides funding to local authorities for 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, with Exchequer funding of €65 million available nationally in 2022. As part of the annual budgetary process the Exchequer funding provision for 2023 has been increased by €2 million to a total of €67 million, continuing the year on year increases since 2014.
Housing for All commits to reviewing the suite of Housing Adaptation Grants for Older People and People with a Disability. Among the areas which the review, currently underway, will consider are the income thresholds, the grant limits, the application and decision making processes, including supplementary documentation required. The review is to be completed by the end of 2022.
389. Deputy Imelda Munster asked the Minister for Housing, Local Government and Heritage the annual cost of the housing assistance payment in each of the years from its inception until 2022, by county in tabular form. [54826/22]
View answerThe Housing Assistance Payment (HAP) is a flexible and immediate form of social housing support for people with a long-term housing need. Any household assessed by their local authority as eligible for social housing is immediately eligible for HAP. These households must find their own accommodation in the private rental sector.
The HAP scheme started in 2014 and at the end of Q2 2022, 104,702 HAP tenancies had been set-up since the scheme commenced, of which there were more than 60,700 households actively in receipt of HAP support and over 32,400 separate landlords and agents providing accommodation to households supported by the scheme.
The table below shows total expenditure by my Department for the HAP scheme for each year 2014–Q2 2022:
|
YEAR |
No. of local authorities operating HAP scheme |
Outturn - €m |
|
2014 |
7 |
0.4 |
|
2015 |
18 |
15.6 |
|
2016 |
28 |
57.7 |
|
2017 |
31 |
152.7 |
|
2018 |
31 |
276.6 |
|
2019 |
31 |
382.4 |
|
2020 |
31 |
464.7 |
|
2021 |
31 |
541.7 |
|
Q2 2022 |
31 |
270.7 |
Data in relation to funding provided by the State for HAP tenancies in 2019?2021, broken down by local authority area, can be found on my Department’s website at this link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/#housing-assistance-payment
This funding represents the portion paid by my Department after receipt of the differential rent which is paid by the tenant to the local authority. It does not include administration costs related to the Scheme.
HAP is funded through a combination of Exchequer monies and tenant differential rents collected in respect of HAP tenancies.
Limerick City and County Council provides a highly effective HAP transactional shared service on behalf of all local authorities. This HAP Shared Services Centre (SSC) manages all HAP-related rental transactions for the tenant, local authority and landlord. Accordingly, my Department does not recoup individual local authorities in respect of HAP rental payments in their administrative areas but, rather, recoups all landlord costs via the HAP SSC.
390. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage if section 3 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 has been commenced; the date that it is expected to commence; and if he will make a statement on the matter. [54875/22]
View answer391. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage the status of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 in the TRIS process; if it has been withdrawn from the process; the basis on which it was withdrawn; if so, his plans for the short-term rental regulations that were contained in the Act; and if he will make a statement on the matter. [54876/22]
View answer392. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage the level of engagement that his Department has had with the European Commission in 2022 in relation to the regulation of short-term lettings; and if he will make a statement on the matter. [54877/22]
View answerI propose to take Questions Nos. 390 to 392, inclusive, together.
Action 20.4 of the Government's Action Plan on Housing - Housing for All commits to "the development of new regulatory controls requiring short-term and holiday lets to register with Fáilte Ireland with a view to ensuring that houses are used to best effect in areas of housing need”. As an interim measure and pending the establishment of the new Fáilte Ireland registration system for the short-term letting sector, provision was included in section 3 of the Planning and Development, Maritime and Valuation Act 2022 (the 2022 Act) aimed at updating and strengthening the pre-existing provisions on short-term letting operated through the planning code.
Under the requirements of EU Directive 2015/1535 on Technical Regulations and Information Society services (the TRIS Directive), Member States are required to notify proposals for technical regulations and rules on goods and services (including information society services such as online platforms) to the EU Commission before they can be brought into effect. This is intended to ensure that there is as much transparency as possible with regard to proposed national initiatives for the establishment of technical regulations with potential impacts on trade, the internal market and the free movement of goods and services.
Further to the TRIS Directive requirements, Ireland notified its proposed interim arrangements for the regulation of the short-term letting sector to the EU Commission on 29 July last following which there was some engagement between the EU Commission and my Department. In the meantime, the Department of Tourism, Culture, Arts, Gaeltacht, Sports and Media has made good progress in the development of its legislative proposals to underpin the proposed Fáilte Ireland registration system for the short-term letting sector to the extent that at a recent meeting between my colleague, the Minister for that Department and myself, it was agreed to proceed with the progression of that legislation with a view to its early enactment and the associated establishment of the Fáilte Ireland registration system in early 2023.
In light of the foregoing, my Department has withdrawn its notification to the EU Commission of the proposed interim arrangements provided for in the 2022 Act. The Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media expects to seek Governmental approval for the publication of her legislative proposals in this regard in the coming weeks.
394. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the reason that he has not tasked the Housing Agency to assist families availing of the defective blocks scheme to relocate to temporary alternative accommodation as is the case with the pyrite remediation scheme; if he will visit the homes of families in County Donegal and other affected counties to learn the reason that they are appealing for urgent assistance this winter. [54925/22]
View answerFollowing 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/.
Work on drafting the necessary Regulations to facilitate the commencement of the Act is ongoing and the Regulations will provide for all matters within the Act which are to be prescribed including but not limited to the grant rates, damage threshold, and the form and content of various reports, certificates, forms, and declarations.
Under the Enhanced Grant Scheme, alternative vouched accommodation costs are an allowable cost, subject to a maximum of €15,000 in the event that the applicant has to move out when remediation works are ongoing. Removal of contents/house components and their temporary storage and reinstatement on completion are also an allowable cost, subject to a maximum of €5,000.
The role of the Housing Agency is to act as agents for each local authority in assessment, testing and categorisation of applications received as provided for in the Act, its remit does not include securing temporary accommodation for affected homeowners.
My Department recently published a comprehensive and updated “Your Questions Answered” document on the Department’s website to ensure homeowners have the most up to date information available to them. It can be accessed at www.gov.ie/en/publication/775c0-defective-concrete-blocks-grant-scheme-your-questions-answered/
With regards to the Pyrite Remediation Scheme, the scheme participant must vacate the dwelling in order to facilitate the remediation of the dwelling. The agreement to vacate is part of the written agreement between the scheme participant and the Housing Agency, giving the scheme participant’s consent to the carrying out of the remediation works. It is the responsibility of the scheme participant to find alternative accommodation during the remediation works.
395. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if council rates can be waived for community employment offices; if any other supports are available; and if he will make a statement on the matter. [54940/22]
View answerLocal 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 independent Commissioner of Valuation under the Valuation Acts 2001 to 2015. The Commissioner of Valuation has responsibility for valuation matters.
While some property and land is exempt, most commercial properties are subject to commercial rates. Rates are generally payable by the occupier of a commercial or industrial property.
Under the provisions of the Local Government (Rates) Act 1970, a rating authority may make and carry out a scheme, providing for the waiver by the authority of all or a portion of commercial rates due by ratepayers in respect of a specified class or classes of property. The making of such a scheme is subject to the consent of the Minister for Housing, Local Government and Heritage. No rate waiver schemes have been consented to in respect of commercial property.
Local authorities may decide to offer assistance or money in kind, as provided for under section 66 of the Local Government Act 2001, in order to promote the interests of the local community, which includes, inter alia, the economic or general development of the administrative area (or part of it) of the local authority concerned. Also, local authorities work closely with ratepayers experiencing difficulty in the payment of commercial rates. In this regard, local authorities facilitate the payment of commercial rates by instalments, and work with businesses to put in place flexible payment options that reflect capacity to pay.
The Government recognised the need to modernise the collection of rates and the Local Government Rates and Other Matters Act 2019 was passed by the Oireachtas and enacted on 11 July 2019.
The Act contains provisions in section 15 relating to potential Alleviation Schemes. These provisions empower the elected members of local authorities to devise and achieve policy objectives through locally targeted rates waiver schemes.
Section 15 provides for Rates Alleviation schemes and will enable local authorities to put in place alleviation schemes to support local and national policy objectives. This provision will enhance the capacity of local authorities to address important issues and challenges particular to their local areas and to enable them to support specific objectives to promote community, social and economic development, urban planning and/or rural regeneration.
Currently, only the sections of the Act relating to the amendment of the Rate Limitation Order have been commenced. Amendments are required to address key issues in the Act. It had been intended that the bulk of the provisions would be operational for the 2021 local authority budget cycle, in November 2020. However, preparations have been delayed due to the impact of the COVID crisis and work on the government funded rates waivers. It is intended to advance work on the legislation in the coming months.
Commencement of the provisions of the 2019 Act is also an important element in a commitment in the Programme for Government to examine ways to further streamline the commercial rates system post Covid-19.
396. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the supports that are available to small landlords who are trying to gain vacant possession of their own property for their own accommodation needs to prevent their own homelessness while the eviction ban is in operation; and if he will make a statement on the matter. [54941/22]
View answer397. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the supports that are available to small landlords who are financially impacted by tenant overholding and non-payment of rent while the eviction ban is in operation; and if he will make a statement on the matter. [54942/22]
View answerI propose to take Questions Nos. 396 and 397 together.
The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2022, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. A dispute may be referred to the RTB under Part 6 of the Acts - please see www.rtb.ie for information on the RTB's dispute resolution service. It is open to a landlord to contact the RTB for any assistance available to enforce its determination order relating to a particular dispute. Enforcement is an important function of the RTB.
The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 was signed into law on 29 October 2022. The Act makes emergency provision to defer the termination dates of certain residential tenancies that fall, or would fall, during the 'winter emergency period', beginning on 30 October 2022 and ending on 31 March 2023. The aim is to mitigate the risk that persons whose tenancies would otherwise be terminated during the winter would be unable to obtain alternative accommodation.
Provision is made for the deferral of the giving of effect to certain notices of termination, including those grounded on a landlord's intention, or that of his or her family, to occupy the dwelling, where they have been served by a landlord on or before 29 October 2022 and specify a termination date that falls during the 'winter emergency period'. Such terminations could take effect after the winter, in accordance with the Act, over the period from 1 April to 18 June 2023.
A deferral under this Act does not apply to a notice of termination served before or during the 'winter emergency period' where:
- the termination is grounded on the tenant’s failure to meet his or her obligations under section 16 of the Act of 2004, including to pay rent, or
- the landlord states that the reason for the termination is
- on the ground of a breach of tenant obligations (other than to pay rent);
- on the ground of a breach of a tenant’s obligation to pay rent; or
- on the ground that the accommodation no longer suits the tenant’s accommodation needs having regard to the number of bed spaces and the size of the household.
The Act has been carefully calibrated to limit its interference with landlords’ constitutional property rights. Where a lawful notice of termination has been served and the notice period expires before the 'winter emergency period', a landlord has a legitimate expectation that the tenant will leave the property in compliance with the law.
Further information on the Residential Tenancies (Deferment of Termination Dates for Certain Tenancies) Act 2022 is contained on the website of the Residential Tenancies Board - www.rtb.ie.
The Government recognises and appreciates the key role of landlords in providing much needed accommodation and the pressures on some landlords on foot of the cost of living crisis. Landlords are essential to a fully functioning residential property market. The Government is committed to supporting the continued participation of landlords and growing their investment in the rental market. It has also been necessary in recent and uncertain times to strengthen tenancy protections for tenants including for reasons of supply and affordability in the sector.
Under the Supplementary Welfare Allowance scheme, the Department of Social Protection can make additional needs payments to help meet expenses that a person, including a landlord, cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from someone’s own resources and are deemed necessary. Additional Needs Payments are available to assist people with fuel, utility bills and repairs among several other eligible items.
In some cases, a landlord of a dwelling might reside under tenancy in another dwelling. In such a case, as a tenant, that person may be eligible for Rent Supplement from the Department of Social Protection or the Housing Assistance Payment (HAP) from their local authority. The Government seeks to protect those most vulnerable.
398. Deputy Gino Kenny asked the Minister for Housing, Local Government and Heritage if he has received a recommendation from the Office of the Planning Regulator in relation to the South Dublin County Council development plan 2022-2028; if so, the content of the recommendation; and the action that he is taking on foot of receipt of the recommendation. [54955/22]
View answerIt is important to note the role of the Office of the Planning Regulator (OPR) in the overall plan making process. One core function of the OPR is the independent assessment of all local authority and regional assembly statutory plans, including county and city development plans, local area plans (LAPs) and regional spatial and economic strategies (RSESs).
The OPR provides observations and recommendations during the drafting of statutory plans. In cases where the OPR finds that a local authority's plans are ultimately not consistent with relevant regional or national policies, the OPR can recommend the use of Ministerial powers of direction to align plans with statutory requirements and best practice.
Concerning South Dublin County Council, the above mentioned independent assessment process is taking place and has not yet concluded. Consequent to a recommendation made to me by the OPR under section 31AM(8) of the Planning and Development Act 2000 (as amended), I notified South Dublin County Council on 28th July of my intention to issue a Direction (a draft of which was included in the notice) to South Dublin County Council to take certain measures specified in the notice in order to ensure that the South Dublin County Development Plan 2022-2028 is in compliance with the requirements of the Act. Information pertaining to this draft direction and subsequent responses from the Local Authority to the OPR are available at www.sdcc.ie/en/devplan2022/adopted-plan/draft-ministerial-direction1/. The public consultation period ran from 10th August to the 23rd August 2022.
Subsequently, the Chief Executive of the Council issued a report dated 19 September 2022 on the submissions and observations made to the planning authority on this draft direction. The Office considered this notice and issued a notice under section 31AN(4) of the Act to me, as Minister responsible, on 10th October 2022 recommending that I exercise my function to take such steps to ensure that the plan sets out an overall strategy for the proper planning and sustainable development of the area.
I am currently considering its contents and recommendations. It is important to note that this process remains live and has not yet concluded and therefore it would not be appropriate to comment any further at this time.
It should be noted that 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 the Office of the Planning Regulator is oireachtas@opr.ie.
399. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if he will review the case of (details supplied); and if he will make a statement on the matter. [54987/22]
View answerThe Local Authority Home Loan is a Government backed mortgage scheme for those on modest or low incomes who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022 for first-time buyers and fresh start applicants. The loan can be used both for new and second-hand properties, or to self-build.
A ‘Fresh Start’ principle applies for applications to the Local Authority Home Loan. The following categories of persons are eligible to apply for the Local Authority Home Loan under the Fresh Start principle:
- Applicant(s) that previously purchased or built a residential property, but is divorced/separated or otherwise and has left the property and divested themselves of their interest in the property are eligible.
- Applicant(s) that previously purchased a residential property, but have been divested of this through insolvency or bankruptcy proceedings, are eligible to apply. The applicant must be discharged from bankruptcy proceedings. It should be noted that a return to solvency should not be interpreted as a return to creditworthiness, which is a separate assessment.
In recognition of such instances, an exemption to the First Time Buyer eligibility criteria can be applied under the Fresh Start Principle. However, where a person still has a financial obligation related to their previous home, this must be resolved before they become eligible under Fresh Start.
The final decision regarding the Local Authority Home Loan application is made by the relevant Local Authority Credit Committee on a case by case basis. Decisions on all housing loan applications must be made in accordance with the Regulations establishing the scheme and the credit policy that underpins the scheme, in order to ensure prudence and consistency in approaches in the best interests of both borrowers and lending local authority.
Further details can be found on www.localauthorityhomeloan.ie/
400. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage if he will outline the results of a recent thatched building survey undertaken by his Department; and if he will confirm if a substantial grant stream will be forthcoming on the back of this survey. [55052/22]
View answerI am very aware of the concern expressed by owners of thatched properties in relation to their difficulties with insurance. Under Action 6 of the strategy for built vernacular heritage, A Living Tradition, launched in December 2021, my Department undertakes to “investigate and work to resolve the urgent issue of affordability of insurance for thatched buildings” and other relevant issues relating to thatch and thatched buildings.
Since then, a steering group, expressly tasked with advising on this particular action, has been set up. This group is chaired by a thatcher, who is also a thatch-owner, and includes a second thatch owner, a thatching inspector with the Department, and a local authority architectural conservation officer and a heritage officer, a representative of the Heritage Council, and a representative of the Department for Communities (NI).
The Department’s built heritage unit is working urgently to progress the resolution of the thatch insurance issue and, to this end, has engaged a specialist to carry out an urgent assessment of the insurance sector as it applies to thatched properties. This assessment will involve engagement with thatch-owners, insurance brokers, insurance companies, the fiscal authorities (including the FSPO, Central Bank, Department of Finance), local authorities and any other relevant bodies.
An interim report was received at the end of September with the final report due at the end of November. My Department has begun to examine the approaches suggested by the interim findings and will be prepared to act quickly on the findings of the final report in November.
The thatch insurance survey, which will form part of the final thatch insurance report, is currently ongoing as the deadline was extended at the request of Architectural Conservation Officers and Heritage Officers in local authorities who wished to ensure that as many owners as possible had received, completed, and returned the survey.
On the basis of the recommendations set out in the report, and any avenues for progress that suggest themselves in the meantime, the Department will work urgently to seek workable solutions to the thatch insurance issue.
In the meantime, my Department offers other financial assistance to owners of thatch structures through a number of grant schemes. For the renewal or repair of thatched roofs, there is a grant of up to €3,810 available, where a house is used as a normal place of residence; in the case of medical card holders, the grant can be up to €6,350; and on certain offshore islands the grant can rise to €8,252.
Other streams of grant assistance to thatch owners include the Historic Structures Fund, a stream of which is directed towards vernacular buildings that are not on a local authority record of protected structures, and the Built Heritage Investment Scheme. I have secured increased funding for these schemes in 2022 and it is intended to run them again in 2023; details of next year's schemes will be made available this month.
