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Tuesday, 18 Apr 2023

Written Answers Nos. 791-808

Housing Schemes

Questions (792)

Carol Nolan

Question:

792. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the steps his Department is taking to promote the Ready to Build scheme; the support if any, that his Department extends to local authorities to make the scheme a success; if he has any data on the total number of applicants to the ready to buy scheme to date; and if he will make a statement on the matter. [17251/23]

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Written answers

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. Many areas of cities, towns and villages of all sizes face the blight of vacant properties, which, if brought back into use, could add real vibrancy and provide new accommodation in those areas. The Croí Cónaithe Towns Fund is a key initiative which underpins these policy objectives set out in Pathway Four of Housing for All.

Last September, I launched the Ready to Build Scheme as part of the Croí Cónaithe Towns Fund. Under this scheme, local authorities will make serviced sites in towns and villages available at a discounted rate to individual purchasers who will self-build their own home and live in it as their principal private residence.

It is intended that the local authority will either supply existing sites in their control or purchase sites and make them available for development by providing services and access to the sites concerned.

The level of discount to the individual will depend on the level of servicing cost incurred by the local authority before the sale of the site but will not exceed €30,000. The amount of such discount will be reflected in the sale price of the site to the purchaser.

All available sites will be advertised on the relevant local authority’s website and / or in relevant local publications along with a closing date for receipt of applications.

Applications for the Ready to Build Scheme are to be made to the Vacant Homes Officer in each local authority. They can provide further advice and information in respect of the fund and the application process.

My Department is currently engaging with local authorities in respect of the identification of potential sites to determine their suitability under the Ready to Build scheme.

Question No. 793 answered with Question No. 739.
Question No. 794 answered with Question No. 739.

Housing Policy

Questions (795)

Éamon Ó Cuív

Question:

795. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage whether it is intended, under the capital advance leasing facility, CALF, scheme of funding housing associations to purchase or develop housing, to provide extra founding per unit and a higher specification for housing associations that exclusively provide housing for severely intellectually or physically disabled people in line with HIQA requirements of accommodation for such people; and if he will make a statement on the matter. [17297/23]

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Written answers

Responsibility for housing people with severe intellectual or physical disabilities in line with HIQA requirements is a matter for the Department of Health.

However, my Department has published a Design Manual for Quality Housing which is available on my Department’s website at the following link: www.gov.ie/en/publication/b3e02-design-manual-for-quality-housing/. The Manual is intended to guide local authorities and Approved Housing Bodies (AHBs), and their consultants, on the design of social housing including the internal layouts of individual social homes. The manual includes guidance on the approach to ‘Housing for People with Disability’ (Section 5.3.2) and specific design approaches developed with the input of the Centre for Excellence in Universal Design (CEUD).

The Manual also recognises that to best meet the needs of people with disabilities, certain design modifications may be required and in that regard, through an occupational therapist’s report where needed, spatial and other required adaptations for a particular household can be set out.

My Department is encouraging all local authorities and AHBs to utilise this Design Manual as the best way to ensure funding support for the wide range of housing situations that can arise.

Under the Capital Advance Leasing Facility (CALF) scheme, my Department presently provides funding for homes suitable for various sectors of society. AHBs in collaboration with local authorities will agree on the design and specification of each home prior to submitting a funding application to my Department for review and approval, including accommodation for disabled people. Also, under my Department’s Capital Assistance Scheme (CAS) funding programme funding of up to 100% of project costs may be advanced by local authorities to AHBs to provide accommodation for priority categories of housing need, including disabled people. Funding for necessary adaption works to meet the needs of the tenant is also available under this funding programme.

Housing Policy

Questions (796)

Robert Troy

Question:

796. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage the responsibilities for each director of service for housing in each local authority, in tabular form; his views on whether each directors sole responsibility should be housing given the size of the housing challenge; and if he will make a statement on the matter. [17300/23]

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Written answers

Under Section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he/she is responsible. My Department oversees workforce planning for the local government sector, including the monitoring of overall local government sector employment levels. To this end, my Department gathers aggregate quarterly data on staff numbers in each local authority on a whole time equivalent basis.

However, information such as the detailed responsibilities assigned to particular positions within each local authority is not collected and consequently is not available in my Department. The relevant information would be available from each local authority.

Housing Policy

Questions (797)

Joe McHugh

Question:

797. Deputy Joe McHugh asked the Minister for Housing, Local Government and Heritage if he will consider including a price escalation clause in turn-key housing developments to take account of time lags of up to six to nine months in price agreements and, to give councils more discretion and flexibility in giving the green light to housing projects (details supplied); and if he will make a statement on the matter. [17302/23]

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Written answers

The contractual nature of turnkey arrangements for new social housing does not lend itself to the inclusion of price escalation clauses. Turnkey arrangements are concluded through an acquisition process and each approval is based on the understanding that the units will be purchased at a fixed price by the local authority.

Where material cost increase claims do arise on turnkey contracts under Social Housing Capital Programmes, local authorities have a procedure for considering the basis for such claims based on a final fixed price and for making a clear recommendation to my Department on the matter.

Given that there is often a time-lag between approval and delivery through turnkey arrangements, an initial 10% of the project cost is usually paid as a deposit and the balance of the funding is provided on completion and delivery of the housing units in a 'turnkey' condition. An option for turnkey projects can also be to agree delivery on a phased basis, which allows for payment to be made to the developer on completion of each individual phase.

As turnkey contracts should be a straightforward purchase, risk in regard to abnormal cost elements should be factored into the costs and, accordingly, borne by the Developer.

Given that local authorities have discretion to negotiate costs and other aspects of turnkey arrangements locally, lengthy time lags do not need to arise and my Department will always encourage local authorities to present turnkey proposals for final funding approval as swiftly as possible. The time for assessment and funding approval by my Department on turnkey proposals is short, involving just one review stage.

Water Pollution

Questions (798)

Aodhán Ó Ríordáin

Question:

798. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Local Government and Heritage for an update on the status of Irish Water's plans as regards treating wastewater with ultraviolet light or equivalent technology to prevent the discharge of contaminated water into Dublin Bay. [17336/23]

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Written answers

Uisce Éireann has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. The scope, prioritisation and progression of individual projects is a matter for Uisce Éireann and is approved through its own internal governance structures.

The Government is aware that significant and sustained investment is needed to ensure the continued operation, upgrade and repair of the country’s water and waste water infrastructure and to support economic growth in the years to come. In this regard, as part of Budget 2023, I secured funding of over €1.78 billion to support water services.

In response to this query I have been informed by Uisce Éireann that they operate and will continue to operate an Ultraviolet treatment system at the Ringsend Wastewater Treatment Plant during the designated bathing season which runs from 1 June to 15 September, in accordance with the requirements of the Wastewater Discharge License.

Significant investment of over €1bn is being made to upgrade the wastewater infrastructure in the Greater Dublin Area (GDA). Uisce Éireann are developing new critical wastewater treatment infrastructure to support the future sustainable growth of the area, to protect the environment and to safeguard public health.

Major projects to enhance the collection, storage and treatment network capacity in the Dublin region include the Dublin City Centre Sewerage Scheme, the Ringsend Wastewater Treatment Plant Upgrade Project (under construction), the Blanchardstown Regional Drainage Scheme (approaching completion) and the Greater Dublin Drainage project.

As a key stakeholder focussed on safeguarding our water, Uisce Éireann also provides support for educational initiatives including the Think Before You Flush, Think Before You Pour and the Green Schools educational programmes.

Water Quality

Questions (799)

Aodhán Ó Ríordáin

Question:

799. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Local Government and Heritage his views on what future infrastructure investment is needed to protect Dublin coastal and river water quality; and the measures he is taking to ensure those investments are made in a timely fashion to protect the rivers and seas from increases in wastewater generated by population growth and increases in housing numbers. [17337/23]

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Written answers

My Department is currently preparing Ireland’s third-cycle River Basin Management Plan, which will be a strategic government plan that will outline the national policies and high-level goals that will protect and restore our natural waters. The aim of the next plan is the identification and implementation of the “right measure in the right place”, with targeted measures to both restore and protect all water bodies, which will be supported by the integrated catchment approach through the development of catchment management plans by the Local Authorities Waters Programme (LAWPRO). This new revised and strengthened River Basin Management Plan will advance Ireland’s commitment to the implementation of the Water Framework Directive.

Significant and sustained investment is needed to ensure the continued operation, upgrade and repair of the country’s water and waste water infrastructure and to support economic growth in the years to come. In this regard, as part of Budget 2023, I secured funding of over €1.78 billion to support water and wastewater services. This includes €1.65 billion in respect of domestic water services provision by Uisce Éireann. This overall investment will deliver significant improvements in our public water and wastewater services, support improved water supplies right across Ireland, including in coastal areas, and support a range of programmes delivering improved water quality in our rivers, lakes and marine area, making a significant contribution to addressing Ireland’s needs.

Uisce Éireann has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. The scope, prioritisation and progression of individual projects is a matter for Uisce Éireann and is approved through its own internal governance structures.

Water Quality

Questions (800)

Aodhán Ó Ríordáin

Question:

800. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Local Government and Heritage if he is aware of the poor results from water quality testing in Dublin Bay; the measures his Department has taken to remedy the situation; the work that is being undertaken by his Departments to protect the bathing water quality in Dublin Bay and across the Dublin coastline; and if he will make a statement on the matter. [17339/23]

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Written answers

The primary responsibility for the monitoring, management, protection and improvement of water quality is assigned to local authorities under the Local Government (Water Pollution) Acts and related legislation.

Bathing water quality continues to improve nationally, with 97% of the 148 identified bathing waters meeting or exceeding the minimum required standard. During the winter, bathing water quality tends to be less favourable simply due to the fact that in winter there is less sunlight to kill bacteria in the water and there’s a higher frequency of rainfall flushing material into watercourses.

In respect of the general protection of water quality in Dublin Bay, my Department is currently working with local authorities to examine the most suitable options to provide for safe bathing year-round, and to improve the provision of information on bathing water quality. Local authorities are continuously investigating potential sources of pollution such as underperforming sewer overflows and misconnections to the surface water drainage system. The Dublin Bay Task Force, chaired by Dublin City Council, is also carrying out work aimed at improving bathing water quality in the Dublin Bay area.

Rental Sector

Questions (801)

Mick Barry

Question:

801. Deputy Mick Barry asked the Minister for Housing, Local Government and Heritage if he will review the incremental tenants purchase scheme and the Housing (Sale of Local Authority Houses) (Amendment) Regulations 2021 to allow those who were eligible prior to 1 February 2022 with less than ten years in receipt of social housing supports to apply for the scheme; if joint tenants, one of which has less than ten years in receipt of social housing support, can be eligible; if he can allow local authorities some scope to set their own policies in relation to tenant purchase; and if he will make a statement on the matter. [17347/23]

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Written answers

The Tenant (Incremental) Purchase Scheme 2016 provides for the purchase by eligible tenants, or joint tenants, of local authority homes available for sale under the scheme.

The Scheme was amended by the Housing (Sale of Local Authority Houses) (Amendment) Regulations 2021. These amendments came into effect on 1 February 2022.

From that date, the tenant or, in the case of applications from joint tenants, both tenants, must be in receipt of social housing support (which includes the Rental Accommodation Scheme and Housing Assistance Payment) for a minimum period of 10 years. This requirement seeks to encourage long-term tenants to stay in their homes and support development of socially sustainable communities. All applications for the scheme made on or after 1 February 2022 must meet the new criteria.

Local authorities already have scope, within the provisions of the legislation, to set their own policies in relation to tenant purchase. This includes, for example, policies regarding the exclusion of houses they consider should not be sold for proper stock or estate management reasons. That said, all such policies must be consistent with the legislative requirements.

Further changes to the scheme, including requirements in respect of eligibility of joint tenants, are currently being examined by my Department as part of the work on the broader social housing reform agenda.

Housing Policy

Questions (802)

Neasa Hourigan

Question:

802. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage when he plans to abolish the build-to-rent apartment standards. [17350/23]

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Written answers

On being appointed Minister in 2020, I undertook a review of co-living development as provided for in the 2018 apartment guidelines document, under the ‘Shared Accommodation’ heading. I concluded that given the scale, location and potential impact of co-living development permitted at that stage, that there were sufficient shared accommodation/co-living units either permitted or subject to consideration within the planning system. Similarly, given the success of measures to generate ‘Build-To-Rent’ (BTR) accommodation and in particular the pipeline of extant permissions for development, I concluded in 2022 that there is no longer a planning rationale to retain BTR as a distinct development type to which certain more flexible design standards than other apartment types may be applied.

Accordingly, the principal feature of the amended ‘Sustainable Urban Housing Guidelines: Design Standards for New Apartments’ planning guidelines, which took effect from the 22nd of December 2022, is the removal of the separate planning application category whereby BTR may be identified as a separate development type, with specific design standards. Subject to transitional provisions for proposals in the planning system prior to publication of the updated Guidelines, the amended set of guidelines now supersede the previous versions. This amendment to the guidelines ensures that all apartment developments, irrespective of the intended end user, are designed to the same minimum standards.

Small and Medium Enterprises

Questions (803)

Holly Cairns

Question:

803. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage to outline his engagement with the Minister for Finance to reduce the costs for accountancy services for small owner-occupier companies formed under obligations in the Multi-unit Developments Act 2011; and if he will make a statement on the matter. [17356/23]

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Written answers

The Multi-Unit Developments Act 2011 falls under the aegis of the Department of Justice and any such engagement would in the first instance, be a matter for the Minister for Justice to consider.

Rental Sector

Questions (804)

Holly Cairns

Question:

804. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the steps he is taking to protect student renters; and if he will make a statement on the matter. [17357/23]

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Written answers

The Residential Tenancies Act 2004 has been amended in recent years to greatly enhance tenancy protections for students. The Residential Tenancies (Amendment) Act 2019 provides for relevant obligations and rights under residential tenancies legislation to apply to tenancy and licence agreements in student-specific accommodation, provided by public educational institutions or by private accommodation providers. For example, the rent increase restriction that applies in Rent Pressure Zones applies to student-specific accommodation and recourse is available to the Residential Tenancies Board where disputes arise.

The Residential Tenancies (No. 2) Act 2021 was signed into law on 9 July 2021 and limits, in respect of tenancies created on or after 9 August 2021, the amount of rent in advance (maximum of 1 month’s rent) and/or a deposit (maximum of 1 month’s rent) that a landlord can ask anyone, including a student, to pay to secure a tenancy. Accordingly, the maximum upfront payment can be no more than 2 months’ rent and any ongoing advance rent payment during a tenancy can only cover 1 month’s rent. That Act greatly reduces the financial exposure to tenants, including students, on foot of paying much restricted upfront payments.

As set out in the Housing for All Action Plan Update (published in November, 2022), my Department has commenced a comprehensive review of the private rental sector. This review will take into account the significant regulatory changes over the past several years in the residential rental market, and will report on how our housing system can be enhanced to provide an efficient, affordable, viable, safe and secure framework for both landlords and tenants, including students.

This review will include a thematic review of the principal and relevant elements of the rental market to ensure that Ireland has a sector which meets the needs of tenants, both short-term and long-term, while providing a supportive environment for the maintenance of the existing stock and provision of new units. The review conclusions will draw on international practice. The review is underway and will conclude as early as possible, with the benefit of public consultation and targeted engagement with various stakeholders. My Department is engaging with the Departments of Finance and Public Expenditure, NDP Delivery and Reform in carrying out the review and implementing relevant recommendations.

This review will be essential in properly planning future policy for the residential rented sector including implementing measures to support both landlords and tenants.

Departmental Data

Questions (805)

Michael Ring

Question:

805. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage the number of applications for the repair and leasing scheme (details supplied) that did not proceed due to a lack of housing demand; and if he will make a statement on the matter. [17377/23]

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Written answers

Data on the repair and leasing scheme in respect of all local authorities to end Q4 2022 is published on my Department’s website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/#repair-and-leasing-scheme-rls.

While the Department issues general guidance on the scheme, it has no direct role in deciding on individual applications. Local authorities determine eligibility for the scheme by taking account of local need, the suitability of dwellings, sustainable community considerations and value for money.

My Department does not hold information on housing needs at a sub-county level.

Question No. 806 answered with Question No. 747.

Housing Schemes

Questions (807)

Brendan Griffin

Question:

807. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 172 of 30 March 2023, if rent allowance, which was replaced by the housing assistance payment, will be considered as a social housing support for the tenant-purchase scheme; and if he will make a statement on the matter. [17391/23]

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Written answers

The Tenant (Incremental) Purchase Scheme 2016 provides for the purchase by eligible tenants, or joint tenants, of local authority homes available for sale under the scheme.

Applicants must meet certain criteria to qualify under the scheme, including a minimum 10 years in receipt of social housing supports. Such supports include social dwellings provided by local authorities, as well as assistance provided through the Rental Accommodation Scheme and Housing Assistance Payment. The requirement seeks to encourage long-term tenants to stay in their homes and support the development of socially sustainable communities.

Rent supplement is not a social housing support. It is a short-term income support for people living in private rented accommodation who cannot provide for the cost of their accommodation from their own resources. Accordingly, time spent in receipt of rent supplement cannot count towards the time spent in receipt of social housing support and is not reckonable for the purposes of meeting the 10-year criterion.

Defective Building Materials

Questions (808)

Pádraig MacLochlainn

Question:

808. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if he is satisfied that the current regulatory oversight and testing of quarries across this State is adequately resourced and sufficiently rigorous to prevent more defective concrete blocks being manufactured and further distress caused to victims. [17399/23]

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Written answers

The Construction Product Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU, regardless of where the construction products are manufactured. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.

Ultimately, the manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product he or she is placing on the market, having full knowledge of the raw material and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by The National Standards Authority of Ireland (NSAI).

Standard Recommendations set out appropriate minimum performance levels for specific intended uses of certain construction products in Ireland, for example; S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland which recommends the use of Category 1 aggregate concrete blocks that requires independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).

While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011.

Each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas. In addition, Dublin City Council - National Building Control and Market Surveillance Office (NBCMSO) has been appointed as a competent authority for the carrying out of market surveillance functions on a nationwide basis.

Building control authorities and NBCMSO are independent in the exercise of their statutory powers. Under section 159 of the Local Government Act 2001, and as such each Chief Executive is responsible for the organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.

It should be noted Ireland’s National Market Surveillance Strategy outlines a market surveillance campaign led by NBCMSO, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the Construction Product Regulations.

Last year, my Department published ‘A Guide to the marketing and use of Aggregate Concrete Blocks to EN 771-3 in Ireland’. This Guide provides guidance to economic operators (manufacturers, importers and distributors) on the marketing of aggregate concrete blocks to EN 771-3 standard, the harmonised European standard under the Construction Products Regulation. It also outlines the responsibilities of specifiers, designers, builders, certifiers and end users for compliance with the Building Regulations 1997 to 2021. This Guide was disseminated to all building control authorities, NBCMSO, industry stakeholders and interested parties.

Much work has been undertaken to strengthen the regulatory framework to ensure that products from extractive industries comply with the provisions of the Construction Products Regulation over recent years. In October 2021, I requested NBCMSO, in partnership with Donegal County Council and Geological Survey Ireland, to carry out an audit of quarries in Donegal to evaluate relevant economic operators’ compliance with the Construction Products Regulation (EU) No 305/2011 when placing relevant construction products (aggregate concrete blocks and/or aggregates for use in concrete products) on the market. This report was published in December 2022 and its recommendations are currently being implemented focusing on training, raising awareness, market surveillance etc. to further strengthen the system and compliance, this is taking place in the context of broader Programme for Government commitments.

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