Written Answers Nos. 200-218
200. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage the subsidies for local authorities that will be put in place to replace their income from development levies which are now being cut by him (details supplied); and if he will make a statement on the matter. [20217/23]
View answer201. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage if he will outline the funding framework to reimburse local authorities for the proposed reduction in development fees; the percentage amount of reimbursement; the timeline for implementation, as it aligns with the implementation of the reduction of development fees; the budget line under which this will be included in the local government Vote; and if he will make a statement on the matter. [20229/23]
View answerI propose to take Questions Nos. 200 and 201 together.
On 25 April 2023 the Government approved additional measures under Housing for All to incentivise the activation of increased housing supply and help reduce housing construction costs, including the introduction of temporary time-limited arrangements for the waiving of local authority “section 48” development contributions and the refunding of Uisce Éireann water and waste water connection charges.
The Temporary Development Contribution Waiver Scheme will apply for one year to all permitted residential development that commences on site between 25 April 2023 and 24 April 2024, and is completed not later than 31 December 2025. The waiver will cover the full cost of the levy due from the developer/ project promoter under the development contribution scheme operated by the relevant local authority. My Department issued a circular letter to all local authorities on 28 April, setting out details of the scheme, a copy of which can be accessed on my Department’s website at the following link: www.gov.ie/en/circular/10e02-circular-pl-042023-temporary-time-limited-waiver-in-respect-of-development-contributions/
I am cognisant that the development contribution waiver scheme does not impact on local authorities ability to fund the ongoing provision of necessary infrastructure to support development in their functional areas or require the taking out of interim borrowing by local authorities to prevent delays to development works. Therefore it will be necessary for efficient administrative arrangements to be put in place to ensure that local authorities are promptly compensated by my Department for development contributions that would normally be paid at commencement stage by developers. To facilitate this, local authorities will be required to invoice my Department on a monthly in arrears basis in respect of development contributions payable further to the receipt of commencement notices from developers.
The funding for these arrangements will come from my Department's Vote (Vote 34, Housing, Local Government and Heritage). My Department is currently working on the detailed arrangements in relation to the operation and administration of the measure, including the setting up of appropriate financial monitoring and the budget line. These arrangements will be communicated to local authorities as soon as possible.
202. Deputy Seán Crowe asked the Minister for Housing, Local Government and Heritage the number of affordable housing units delivered via the cost-rental equity loan, the affordable housing fund and project tosaigh in Dublin South-West, with a breakdown of units per scheme and average price of units by unit size, for each of the years 2016 to 2022, and the number planned to be delivered in 2023, in tabular form; and if he will make a statement on the matter. [20242/23]
View answerUnder Housing for All, the Government will deliver 54,000 affordable homes between now and 2030, to be facilitated by local authorities, Approved Housing Bodies (AHBs), the Land Development Agency (LDA) and through a strategic partnership between the State and retail banks.
With 2022 representing the first full year of affordable housing delivery under the schemes introduced in the Affordable Housing Act 2021, local authorities have begun to submit data returns and information on delivery of affordable homes in their area to my Department, in the same manner as is done for social housing. The 2022 process is now complete and statistical data on delivery across all delivery streams has been validated and published on the Department's website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/#affordable-housing-delivery.
Following the publication of Housing for All in September 2021, I asked all local authorities to prepare Housing Delivery Action Plans. Each local authority was asked to assess the level of housing demand with affordability constraint projected for their area based on the Housing Need and Demand Assessment Tool and plan their provision accordingly. A copy of each Council’s Housing Delivery Action Plan is available on their individual websites. Local authorities with the highest levels of affordable housing need were set five-year Affordable Delivery Targets.
2022 represented the commencement of a very ambitious programme of delivery of affordable housing. This momentum will continue with delivery increasing significantly this year. A strong pipeline of affordable housing delivery is in place and under continuous development by local authorities, by Approved Housing Bodies using the Cost Rental Equity Loan and by the Land Development Agency.
In addition, the First Home Scheme, which was launched in July 2022, supports first-time buyers in purchasing new houses and apartments in the private market through the use of an equity share model. The Scheme aims to support in the region of 8,000 households in acquiring new homes in the private market in the years 2022 to 2026 with an overall budget of €400 million. The scheme is available nationwide. Full information on the scheme is available on the First Home Scheme dedicated website, www.firsthomescheme.ie.
203. Deputy Seán Crowe asked the Minister for Housing, Local Government and Heritage if the Government intends to reopen applications for the caravan loan scheme; the funding that will be allocated; and if he will make a statement on the matter. [20243/23]
View answerThe Housing (Traveller Accommodation) Act 1998 provides that the role of my Department is to ensure that there are adequate structures and supports in place to assist housing authorities in providing accommodation for Travellers, including a national framework of policy, legislation and funding.
The Act provides that housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas.
The nationwide pilot Caravan Loan Scheme concluded at the end of 2022. My Department is currently reviewing the operation of the pilot scheme with input from local authorities and other stakeholders. A report is being prepared and options for a further scheme are being considered as part of this review.
204. Deputy Kathleen Funchion asked the Minister for Housing, Local Government and Heritage the procedure when a wind farm development goes through An Bord Pleanála for approval and not a local authority; the procedure around local residents receiving notification of planning; the timeframe for lodging an objection; and if he will make a statement on the matter. [20252/23]
View answerPlanning applications in respect of wind farms which fall under the criteria of Strategic Infrastructure Developments as set out in the Seventh Schedule of the Planning and Development Act 2000, as amended (the Act) - i.e. "installations for the harnessing of wind power for energy production with more than 25 turbines or having a total power output greater than 50 megawatts" - are required under section 37E of the Act to be submitted directly to An Bord Pleanála for determination and not to a local planning authority.
Prior to making an application, the prospective applicant must firstly enter into pre-application discussions with the Board regarding the proposed development in accordance with section 37B of the Act. Under section 37B(3) of the Act, during pre-application discussions the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding:
• whether the proposed development would, if carried out, fall under the Seventh Schedule of the Act,
• the procedures involved in making a planning application and in considering such an application, and
• what considerations, related to proper planning and sustainable development or the environment, may, in the opinion of the Board, have a bearing on its decision in relation to an application.
Under article 210(4) of the Planning and Development Regulations 2001, as amended (the Regulations), during the course of pre-application discussions with the Board regarding a proposed the development, the Board may require the prospective applicant to give notice to the public or to carry out consultations with the public in advance of an application being submitted, including:
• the erection or fixing of notice or notices on the site,
• the specific place or a specific website where the application, the EIAR (environmental impact assessment report) and any other relevant documentation shall be made available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy,
• the use of local or national media, or
• the holding of meetings, with any person or body or for the public.
Following pre-application discussions, where the Board confirms that the proposed development falls within the Seventh Schedule of the Act and satisfies the conditions under section 37B(3) of the Act, it shall serve a notice in writing on the prospective applicant stating that it is of that opinion. Under section 37E(6) of the Act, the Board shall also serve a copy of a notice under subsection (4)(a), on the appropriate planning authority.
On completion of the pre-application discussions, the Board’s determination on the status of the proposed development will also be recorded on the Board’s statutory weekly list of cases decided and will be posted on the Boards website (www.pleanala.ie).
Under section 37E(3)(a) of the Act, before a prospective applicant applies for permission to the Board, he or she shall publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development.
The notice under section 37E(3)(a) of the Act is required to specify the times and places at which, and the period (not being less than six weeks), during which. a copy of the application and the EIAR may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy). Members of the public are invited to make submissions or observations during such period (which must not be less than six weeks) to the Board.
It should also be noted that under Section 134 of the Act, the Board may in its absolute discretion, hold an oral hearing of an application under section 37E of the Act.
In accordance with section 37J of the Act, it shall be the objective of the Board to ensure that a decision under section 37G of the Act on an application made under section 37E of the Act is made within a period of 18 weeks beginning on the last day for making submissions or observations in accordance with the notice referred to in section 37E(3)(a) of the Act.
Following its decision, in accordance with section 37H of the Act, the Board shall send a copy of a decision under section 37G of the Act to the applicant, to the planning authority in whose area the development would be situated and to any person who made submissions or observations on the application for permission. In addition, the Board shall cause to be published as soon as may be in one or more newspapers circulated in the area a notice informing the public of it's decision under section 37G of the Act.
205. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if local authorities can apply for the scheme to fix defects in apartments and duplexes. [20256/23]
View answerI received Government approval on 18 January 2023 to draft legislation to establish supports for the remediation of fire safety, structural safety and water ingress defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013. This legislation will provide a statutory basis for the establishment of a remediation scheme aimed at protecting the safety and welfare of those living in apartments or duplexes with such defects.
It is intended that a whole building approach will be taken to remediate relevant defects and to improve the safety of all occupants in the building. This means that all parts of the building (e.g. the common areas, the individual apartments etc.) must be considered together when addressing defects. In light of their existing legal responsibilities and ownership of common areas, it is envisaged that Owners’ Management Companies (OMCs) will be funded to carry out the necessary remediation works, with specific limitations or exemptions on certain commercial owners. Any funding for local authorities will be considered in this context.
Work is underway to draft the required legislation which will include the scope, eligibility and conditions of the remediation scheme which will become operational following implementation of the required legislation.
While I am working on the development of the scheme as a matter of priority, sufficient time is required to draft the legislation to ensure that the scheme is fit for purpose, provides value for tax payer’s money and contains appropriate oversight and governance measures.
206. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the number of licences issued to hunt fauna on State-owned foreshore over the past ten years; the number granted to gun clubs and individuals, in Ireland and outside the State; the breakdown of the number of birds killed by species and location; and if he will stop the granting of these licences given that many of the birds specified on the licence application form are threatened amber- and red-list birds of conservation concern. [20265/23]
View answerSection 30 of the Wildlife Act 1976, as amended, allows for the granting of permission to hunt protected wild animals and wild birds on or over foreshore belonging to the State. Permits are granted on a five-year basis to individuals and on a one-year basis to gun clubs. The NPWS issued over 4,000 such permits from 2013 to date, of which, 186 were gun club permits.
This permit allows you to hunt on or over foreshore belonging to the State, however, the species of birds that may be shot is covered by the Open Seasons Order.
In response to concerns at the national and EU level on the status of Annex II bird species, my colleague, the Minister of State for Heritage and Electoral Reform Malcolm Noonan TD has commenced a review of the bird species included on the Open Seasons Order. This review is currently open to public consultation until 3 May 2023.
Further information on Ireland's Open Seasons Order and the public consultation can be found on my Department’s website and that of the National Parks and Wildlife Service at the respective links:
www.gov.ie/en/consultation/c98d4-public-consultation-on-amending-the-open-seasons-order-for-birds/
www.npws.ie/legislation/irish-law/open-seasons-order
207. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage in instances in which his Department is funding the sale of the site back to a local authority for social housing, if he will outline the procedures that are in place to ensure there are no conflicts of interest in respect of the transaction; and if he will set out the due diligence his Department undertakes in respect of funding being released to local authorities for the purchase of lands that will be used for the construction of social housing. [20268/23]
View answerAs independent corporate entities, local authorities have the power to acquire land for the purposes of performing any of their functions, including, for example, to facilitate the implementation of their development plan or housing strategy. The acquisition of land is therefore a function of a local authority. Part 15 of the Local Government Act 2001 (as amended) sets out the ethical framework for the local government service which applies to members of a local authority as well as to certain employees. S.169 of the Act provides for the related Code of Conduct for Councillors and Code of Conduct for Local Authority Employees and sets out the role and responsibilities of the Ethics Registrar, as well as the responsibilities of members and certain employees to make an annual written declaration of their declarable interests. The 2011 Act and the codes of conduct set down clear instructions in relation to conflicts of interest. Legal responsibility for compliance with these requirements rests with each individual councillor. Section 174 of the 2001 Act also sets down the procedure to be followed within the local authority where the Ethics Registrar becomes aware of a possible contravention of the ethical framework, a process in which there no role for the Minister.
208. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage the status of the review of Housing Adaptation Grants for Older People and People with a Disability; and if he will make a statement on the matter. [20271/23]
View answerMy Department provides funding under the suite of the Housing Adaptation Grants for Older People and People with a Disability, to assist eligible people in private houses to make their accommodation more suitable for their needs.Housing for All commits to reviewing the full suite of Housing Adaptation Grants for Older People and People with a Disability. A report on the review of the Housing Adaptation Grants for Older People and People with a Disability has been prepared by my Department. Among the areas which the review considered are the income thresholds, the grant limits, the application and decision making processes, including supplementary documentation required. I will be giving careful consideration to the review report and expect to make a decision on the recommendations in the report as soon as possible.
209. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if he will amend the legislation or regulations that limit the reconstruction of homes with defective blocks to the same footprint as the original house, in order that some homeowners have the option of building on their adjacent land holding and remaining in the existing home while their new home is being constructed; and if he appreciates that families with a person with a disability will struggle to find suitable temporary alternative accommodation and that this may be a workable option in some instances. [20313/23]
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/.
The 2022 Act which contains the enhanced grant scheme will be commenced as soon as related Regulations are completed. The Regulations will provide details for the enhanced scheme not included in the 2022 Act such as application forms and templates, per square metre grant rates and the definition of damage. Draft Regulations have been prepared, which are the subject of ongoing consultation with key stakeholders, including with homeowners’ action groups. The consultation must be concluded before the Regulations will be finalised and adopted. I extended the consultation period on the draft Regulations, which commenced in February 2023, by an additional two weeks, to 14 March 2023, following receipt of requests for time extensions from Donegal County Council and Mayo County Council. The submissions received are now being reviewed and when that review is complete I will engage further with the homeowners' action groups before finalising the Regulations.
The Enhanced Grant Scheme will facilitate the remediation of existing houses that have been damaged by the use of defective concrete blocks, but not the construction of separate additional houses on adjoining sites. The construction of new, separate additional houses is not grant funded and would be subject to the normal requirements of the planning system. The scheme does not preclude, on a cost saving or cost neutral basis, subject to compliance with any planning issues, the construction of a smaller dwelling (in terms of internal floor area) on a larger footprint where the reconstruction of the dwelling is in the exact position on the land on which the relevant dwelling was situation before it was demolished.
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.
Donegal County Council has also engaged with my Department to seek approval for two facilitator posts in Donegal to support homeowners through the defective concrete block grant scheme application process. The role of the facilitators will include guiding the homeowners through the application process, and facilitating the homeowner to access all other relevant support services, including options for alternative accommodation/ storage. A letter of approval supporting the posts of facilitators issued from my Department and the Council has confirmed two full-time facilitators are now in place.
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/
210. Deputy John Paul Phelan asked the Minister for Housing, Local Government and Heritage further to Parliamentary Questions Nos. 825 and 842 of 18 April 2023, the amount in grant aid or funding awarded by his Department, or through schemes administered by it, to organisations (details supplied) in each year from 2010 to 2022, and the projected funding for 2023. [20315/23]
View answerI refer the Deputy to the reply to Question Nos. 825 and 842 of 2022 which sets out the position in this matter.
Details on the funding provided to individual Approved Housing Bodies (AHBs) is not readily available within my Department. My Department does not fund AHBs directly, rather, the funding is primarily provided directly to local authorities, who in turn advance the funding to the AHBs, as appropriate.
211. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage when the National Housing Strategy for Disabled People 2022-2027 Implementation Plan will be published; the reason for the delay; and if he will make a statement on the matter. [20321/23]
View answerMy Department jointly published the National Housing Strategy for Disabled People (NHSDP) 2022-2027 with the Department of Health (DoH) and the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) in January 2022. It may be accessed on the on my Department’s website at the following link:
www.gov.ie/en/press-release/1c6c5-new-national-housing-strategy-for-disabled-people-2022-2027-launched/
The Strategy sets out the vision for the cooperation and collaboration of Government Departments, state agencies and others in delivering housing and the related supports for disabled people over the next five years. The Strategy operates within the framework of Housing for All – A New Housing Plan for Ireland which is committed to ensuring that affordable, quality housing with an appropriate mix of housing design types provided within social housing, including universally designed units, is available to everyone in Irish society, including those with disabilities and older people.
My Department has been developing the draft Implementation Plan further to ensure its up to date robustness in advance of providing it to me, having very recently assumed responsibility in this area including overseeing implementation. The finalisation of the Plan is a key priority and an urgent matter for me as Minister, and following which my Department will engage further with the DoH and DCEDIY, with the objective of publishing it in conjunction with the launch of an awareness campaign shortly. In parallel, The Housing Agency is developing a communication strategy on the National Housing Strategy for Disabled People and its accompanying Implementation Plan and is progressing much of the work contemplated in the Implementation Plan in advance of its finalisation.
212. Deputy Verona Murphy asked the Minister for Housing, Local Government and Heritage if he will provide an update on the review his Department conducted regarding domestic wastewater treatment systems and the grant schemes available to households; and if he will make a statement on the matter. [20323/23]
View answerThrough the Domestic Waste Water Treatment grants, financial assistance is provided by my Department to householders to replace, carry out remediation work, repair or to upgrade their domestic waste water treatment systems.
The grants are available for properties with environmental needs rather than general in application. I can confirm that my Department is currently reviewing all matters relating to the grants including the current value available for households. The review is expected to be completed in the coming months and I will consider any recommendations made.
The grants are administered by the local authorities on behalf of my Department and further information is available at www.gov.ie/en/publication/a524a-group-water-schemes-and-rural-water-issues/
213. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage whether local authorities must vote at a full council meeting to allow the individual sales of affordable homes to progress. [20331/23]
View answerThe sale of homes under the Local Authority Affordable Purchase Scheme are governed by the provisions of the Affordable Housing Act 2021, and its associated Regulations, S.I. No. 20/2023 - Affordable Housing Regulations 2023, and S.I. No. 21/2023 - Affordable Housing (No. 2) Regulations 2023.
Section 6 of the Act enables a housing authority to make dwellings available for the purpose of sale to eligible applicants under affordable dwelling purchase arrangements.
In addition, Section 11 of the 2021 Act outlines the provisions in relation to schemes of priority for affordable dwelling purchase arrangements. It requires a local authority to make a scheme determining the order of priority to be accorded to eligible applicants. The making of a scheme of priority or the amendment of such a scheme are reserved functions of the local authority. Once passed by the local authority, the allocation of all affordable homes for purchase comes under the terms of the agreed Scheme of Priority.
214. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the average processing time for valuations to be processed by the Valuation Office; if there is a difference in processing times between different types of properties; and if he will make a statement on the matter. [20391/23]
View answer215. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage his views on the delays in the Valuation Office in processing properties seeking a rates exemption; and if he will make a statement on the matter. [20392/23]
View answerI propose to take Questions Nos. 214 and 215 together.
The Valuation Office (VO) merged with Ordnance Survey Ireland (OSi) and the Property Registration Authority (PRA) to form a new organisation, Tailte Éireann (TÉ) on 1 March 2023. The Valuation Division of TÉ carries out the valuation activities formerly carried out by the VO.
TÉ is independent in the exercise of its valuation functions under the Valuation Act 2001, as amended. The making of valuations for rating purposes and decisions in relation to exemptions are the sole responsibility of TÉ, and I, as Minister, have no function in decisions in this regard.
TÉ is currently completing the next phase of the National Revaluation Programme known as REVAL2023 which will be published in September 2023. This is the revaluation of all rateable properties in the rating authority areas of Clare, Donegal, Dún Laoghaire Rathdown, Galway, Kerry and Mayo County Councils and Galway City Council. This will bring more equity, fairness and transparency into the local authority rating system in those local authority areas and will distribute the commercial rates liability across businesses more equitably, based on modern circumstances.
TÉ is dealing with a build-up of revision applications which is in part due to being unable to inspect properties during the pandemic. Pre-pandemic the target was to process revision applications within six months of application being made with many applications being dealt with within this timeframe. I understand that, in terms of Revision, about 4,900 valuations issued in 2022 - adding an additional €47 million approximately to local authorities rates income for 2023 and subsequent years.
All revision applications, including applications relating to exemption from rates, completed in a particular year take effect for rates purposes in the following year. For example, revision applications completed in 2023 will be effective for rates purposes from 2024 and any change will be reflected in the rates liability calculated by local authorities in January 2024.
The development and roll out of a new valuation operating system will assist in TÉ completing as many revision applications as is practically possible by year end, and in dealing with all revision applications within the statutory timeline going forward.
TÉ may be contacted by Oireachtas members directly via email to reps@tailte.ie.
216. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage if he will provide an update on his recent engagements with campaigners (details supplied); and if he will make a statement on the matter. [20411/23]
View answerSince the receipt of Government approval in January to draft legislation to establish supports for the remediation of fire safety, structural safety and water ingress defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013, I have been working to progress the various programmes of work that are required to place the remediation scheme on a statutory footing.
Work is underway to draft the required legislation, which will include the scope, eligibility and conditions of the remediation scheme. While I am working on the development of the scheme as a matter of priority, sufficient time is required to draft the legislation to ensure that the scheme is fit for purpose, provides value for tax payer’s money and contains appropriate oversight and governance measures.
As this work progresses, I am committed to continuing to liaise with key stakeholders. In this context, while I have not had a formal meeting with the group referenced, I have met and corresponded with many individuals and a number of homeowner representative groups and I am committed to keeping all stakeholders updated on progress. To ensure that I continue to hear from as broad a range of affected homeowners as possible, I have, to date, hosted two webinars to facilitate an exchange of views.
217. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage the number of persons availing of the first-time home scheme since its recent introduction, by county, in tabular form; and if he will make a statement on the matter. [20440/23]
View answerThe First Home Scheme, which launched on 7 July 2022, assists first-time buyers in purchasing new houses and apartments in the private market through the use of an equity share model.
Reporting for the Scheme comes under the specific remit of First Home Scheme DAC, which was established to manage the scheme on behalf of all scheme participants. In its Q1 2023 public update, covering the period from the Scheme’s launch on 7 July 2022 to 31 March 2023, First Home Scheme DAC reported:
• a total of 3,556 potential buyers have registered their interest in the Scheme, with over 1,000 new expressions of interest received in the period January to March,
• 1,336 buyers in 24 counties have been approved by the Scheme and have received eligibility certificates allowing them to buy their chosen home,
• 257 buyers have already completed the purchase of their home using the Scheme, and
• 82% of live approvals have been for buyers in Dublin, Cork, Kildare and Wicklow, with the remaining 18% spread across 19 counties throughout Ireland.
A copy of the Q1 2023 Update can be accessed on the First Home website at the following link: www.firsthomescheme.ie/about-the-company/quarterly-updates/
Full details of the Scheme, including eligibility criteria, details of the revised price ceilings that came into effect on 1 January 2023, and how to apply, are available on the scheme website: www.firsthomescheme.ie
218. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage if he will advise regarding planning exemptions in relation to the change of use of a property from commercial to residential; how compliance with building regulations and fire safety are to be established; if it is a requirement that the buildings concerned must be vacant for a two-year period prior to commencement of works; if a commencement of works notice is still a requirement in the absence of a planning application; and if he will make a statement on the matter. [20447/23]
View answerPathway 4 of Housing for All, and the Vacant Homes Action Plan set out a blueprint to address vacancy and make efficient use of our existing housing stock. In this regard, in February 2022, I signed the Planning and Development Act (Exempted Development) Regulations 2022, which extend the operation of the previous 2018 Regulations in this regard until end 2025, providing for the continued exemption from the requirement to obtain planning permission in respect of the change of use of certain vacant commercial premises to residential use, including the conversion of vacant areas above ground floor commercial premises to residential use. This measure is aimed at facilitating the productive re-use of qualifying vacant commercial buildings as homes, while also facilitating urban renewal and the bringing on stream of increased housing supply.
In order to avail of the exemption, the Regulations provide that the structure, or part of the structure, which is the subject of the change of use must have been vacant for at least 2 years immediately prior to the commencement of the relevant works, with such works being required to be completed by 31 December 2025. It is a further requirement of the Regulations that the relevant planning authority must be notified in writing of the details of the development at least 2 weeks prior to the commencement of the relevant works, and the notification must include information on the location and details of residential units being developed.
Neither the granting of planning permission nor the provision of an exemption from the requirement to obtain planning permission removes the requirement to comply with any other code, particularly the Building Regulations, a core objective of which is to provide for the safety and welfare of people in and about buildings. It is important to note in the context of this planning exemption that compliance with the Building Regulations 1997 to 2017 must still be achieved and the statutory building control procedures still apply.
The Building Regulations are a set of legal requirements for the design and construction of new buildings, extensions and for material alterations to and certain changes of use of existing buildings. They primarily provide for - in relation to buildings - the health, safety and welfare of people; for conservation of fuel and energy; and for access for people with disabilities.
The primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. A Fire Safety Certificate is a certificate granted by a Building Control Authority, which certifies that the building or works, if constructed in accordance with the plans, documents and information submitted to the Authority, would comply with the requirements of Part B of the Second Schedule to the Building Regulations 1997, as amended. The Certificate must be obtained before work starts, unless an application has been made for a 7 Day Notice.
A Fire Safety Certificate and a Commencement Notice (or a 7 Day Notice) is required for a material change of use of a building, where a building containing flats becomes so used. Where a Fire Safety Certificate is required in respect of works, additional provisions introduced under the Building Control (Amendment) Regulations 2014, apply.
Under the 2014 Regulations, owners are required to appoint an Assigned Certifier whose role, in conjunction with the builder and the project team, is to draw up and execute an appropriate inspection plan and to certify the building’s compliance with the Building Regulations on completion. The Assigned Certifier undertakes to inspect, and to co-ordinate the inspection activities of others, during construction, and to certify the building or works on completion. Builders undertake to cooperate with the Assigned Certifier’s inspection plans and to jointly certify the building or works on completion. In effect, the statutory Certificate of Compliance on Completion certifies that a building is compliant with all relevant requirements of the Building Regulations.
In relation to the refurbishment or conversion of existing buildings for residential use, my Department, simultaneous to the making of the original 2018 Regulations providing for the planning exemption for the change of use of vacant commercial premises to residential use, also published the “Bringing Back Homes - Manual for the Reuse of Existing Buildings’, available on the following link: www.gov.ie/en/publication/3c790-bringing-back-homes-print-version/. Created as a reference guide, the manual aims to provide property owners, members of the public, local authorities and those involved in the construction industry with clear guidance on how current regulatory requirements apply to common existing building types.
