Written Answers Nos. 175-187
175. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if he is aware of individuals who have unsuccessfully applied for their land, with respect to land that is being actively farmed, to be re/de-zoned from residential zoning but have been unsuccessful, and are now subject to the residential zoned land tax; and if he will make a statement on the matter. [25427/23]
View answerIt is important to note that, to fall within the scope of Residential Zoned Land Tax, farmland must be both zoned for residential use and be serviced or have access to services such that residential development may take place. Farmland that is zoned for residential use, but which is not currently serviced, is not within the scope of the tax and will only come within the scope of the tax should the land become serviced at some point in the future.
Land will be considered to be serviced for the purposes of the tax where it is reasonable to consider that the land has access to, or may be connected to, public infrastructure and facilities, including roads and footpaths, public lighting, foul sewer drainage, surface water drainage and water supply, necessary for dwellings to be developed on the land and with sufficient service capacity available for such development.
Agricultural land which is zoned solely or primarily for residential use and is serviced meets the criteria set out within the legislation and therefore falls within the scope of the tax. Agricultural land that is zoned for a mixture of uses including residential and is being actively farmed is not in scope as farming is a trade or profession benefitting from an exemption in the legislation within mixed use zonings.
These residential zonings, which form part of the development plan or local area plan adopted by elected members following public consultation, are considered to reflect the housing need set out within the core strategy for the relevant local authority area and landowners within such zonings may fall within the scope of the tax, in the interests of ensuring an appropriate supply of housing on zoned lands.
Owners of land identified on the draft maps published on 01 November 2022 had the opportunity to make a submission challenging the criteria for inclusion of their land as being within scope for the tax and/or to request a change in zoning from the relevant planning authority to remove them from the scope of the tax. Such zoning requests are considered by the planning authority having regard to national, regional and local policy, including the need to ensure sufficient land is zoned to meet housing need.
Supplemental maps were published on 1 May 2023 by certain local authorities where additional lands have been identified as being in scope, further to the publication of the draft maps. Landowners may make submissions to the relevant local authority in respect of lands included on the supplemental maps by 1 June 2023. Certain local authorities have issued decisions to landowners on rezoning requests received during the public display period for the draft map while others are awaiting the conclusion of the supplemental map public display period in order to consider all rezoning requests together.
The consideration of the rezoning requests is solely a matter for the respective planning authorities based on planning policy and the contents of rezoning requests made under S.653I of the Taxes Consolidation Act 1997. Section 30 of the Planning and Development Act 2000 (as amended) precludes me from commenting on individual decisions in this regard. Neither the Planning and Development Act 2000 nor the Taxes Consolidation Act 1997 provide an appeal mechanism in relation to zoning requests.
The appeal provisions involving An Bord Pleanála as set out within the Taxes Consolidation Act 1997 (as amended) relating to the Residential Zoned Land Tax in respect of the identification of lands in scope relate only to submissions made on the basis that lands do not meet the criteria for falling into scope. Further to the finalisation of the mapping process, the legislation also provides the taxpayer with recourse to the Tax Appeals Commission where they disagree with an assessment to Residential Zoned Land Tax raised in respect of their land; should that disagreement relate to the market value of the land in question, the appeal will instead be considered by the Land Values Reference Committee.
It is further noted that a planning authority may decide at any time to vary the adopted development plan, subject to the requirement any such variation is consistent with national and regional planning policy. Elected members may, under section 13 of the Planning and Development Act 2000 (as amended) make a resolution to request that the Chief Executive commences a variation process.
It is acknowledged that the tax will impact on landowners, however if the land in question is zoned for a particular purpose under a plan adopted by the local authority and has been subject to investment by the local authority and the State in the services necessary to enable development for housing to accommodate increased population, it is intended that the land should be used for housing. This tax measure is a key pillar of the Government’s response to address the urgent need to increase housing supply in suitable locations.
176. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the number of people on the social housing lists currently subject to notices-to-quit in County Kildare; the likelihood of those people/families being socially housed before the expiration of their notice, or what other alternatives in terms of emergency accommodation are available to them to prevent their falling into homelessness; and if he will make a statement on the matter. [25334/23]
View answerHousing for All is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade. This includes the delivery of 90,000 social homes and 54,000 affordable homes by 2030. Housing for All is supported by an investment package of over €4bn per annum, through an overall combination of €12bn in direct Exchequer funding, €3.5bn in funding through the Land Development Agency and €5bn funding through the Housing Finance Agency.
My Department does not hold details of the numbers of households on a social housing list who have received a Notice of Termination. Local authorities take appropriate steps to ensure that the first response will be to support households to try to prevent homelessness in cases where tenants have been served with a notice of termination by their landlord. The Department's role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the statutory role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of emergency accommodation and related services for homeless persons rests with individual housing authorities.
For 2023, the Government has agreed that there will be increased provision for social housing acquisitions and my Department will fund local authorities to acquire up to 1,500 social homes. The additional acquisitions will be focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property.
My Department issued a circular letter to all local authorities in March, setting out details of these arrangements and each local authority was provided with a provisional allocation for social housing acquisitions in 2023. This allocation will be kept under review.
177. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage the amount of funding provided to Kerry County Council for the voids programme each year since 2015, in tabular form; the number of voids completed; the amount of money drawn down by Kerry County Council each year; the amount unspent each year; and if he will make a statement on the matter. [25341/23]
View answerThe management and maintenance of local authority housing stock, including pre-letting repairs to vacant properties, the implementation of a planned maintenance programme and carrying out of responsive repairs, are matters for each individual local authority under Section 58 of the Housing Act 1966. Local authority officials and elected members have a very important role to play in this regard by making adequate budgetary provision for housing repairs and cyclical maintenance utilising the housing rental income available to them as part of the annual budgetary process.
Since 2014, Exchequer funding has also been provided through my Department's Voids Programme to supplement the local authority funding available for the preparation of vacant properties for re-letting. The funding was introduced originally to tackle long term vacant units and is now increasingly targeted to support authorities to ensure minimal turnaround and re-let times for vacant stock. The emphasis is on minimum refurbishment works to comply with the Housing (Standards for Rented Houses) Regulations 2019 to ensure quick turnaround and re-letting times.
Full details in relation to output under the Voids programme from 2014 to 2022, including Kerry County Council, are available on the Department’s website and can be accessed using the link below.
www.gov.ie/en/collection/0906a-other-local-authority-housing-scheme-statistics/#voids-programme
Given the very significant investment into the Voids Programme over recent years, local authorities should now be in a strong position to begin the transition to a strategic and informed planned maintenance approach to stock management and maintenance. To that end, my Department and local authorities are working to transition from a largely response and voids-based approach to housing stock management and maintenance, to a planned maintenance approach as referenced in Action 17.4 of the Housing for All Action Plan Update. This will require the completion of stock condition surveys by all local authorities and the subsequent development of strategic and informed work programmes in response.
My Department will continue to support local authorities in their work in this area. The 2023 Programme will provide funding of €31 million to Local Authorities to support the refurbishment and re-letting of a minimum of vacant 2,300 homes, and continue the transition from a reactive Voids approach to stock management, to a planned maintenance approach.
178. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if he has engaged with a company (details supplied) regarding empty apartments above its store in Macroom, Cork. [25342/23]
View answerTackling vacancy is a key priority for this Government and a suite of measures has been introduced to address vacancy and increase the pace at which properties are brought back into use. Significant progress is being made in the following areas:
• The government launched the Town Centre First policy, a major new policy initiative that aims to tackle vacancy, combat dereliction and breathe new life into our town centres.
• A €150 million Urban Regeneration Development Fund is being made available for local authorities to acquire vacant or derelict properties and sites for re-use or sale.
• The Vacant Property Refurbishment Grant was launched in July 2022.
• Full-time Vacant Homes Officers are now in place across 30 local authorities.
• Planning regulations that exempt certain vacant commercial premises from requiring planning permission to change of use for residential purposes have been extended.
The Vacant Homes Action Plan, which I launched in January, outlines the significant progress that has been made in addressing vacancy, along with the actions that are being pursued to return as many vacant properties back into use as possible.
The Vacant Homes Officer in each local authority carries out an important role in administering and raising awareness of the various supports and schemes to support the activation of vacant and derelict properties
My Department recently launched a new CPO Activation Programme, which provides for a planned, proactive and systematic approach by local authorities to bringing vacant and derelict properties back into use, with targets set for each local authority. This Programme includes guidance and supports for local authorities to actively use their legislative powers to compulsorily acquire vacant and derelict properties, where engagement with owners has been unsuccessful.
With regard to the units referred to, I understand that there is ongoing engagement between an Approved Housing Body and the property owners regarding bringing these properties into use.
179. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the reason the Government is waiting for the new Energy Performance of Buildings Directive to start requiring measurement of embodied carbon emissions (i.e. 2027), while other European Union member states, such as Denmark, are already addressing this issue, given that embodied carbon emissions from the construction industry account for 14% of Ireland’s national emissions and are likely to increase until 2030 if unaddressed. [25352/23]
View answerEmbodied Carbon in construction materials makes a significant contribution to the lifetime carbon emissions of new buildings. These embodied carbon emissions are being addressed by the Climate Action Plan, the review of the EU Construction Products Regulation and the review of the Energy Performance of Buildings Directive.
The Government is committed to working with industry stakeholders to increase the use of low carbon materials and technologies in the construction and renovation of buildings in Ireland, informed by evolving EU standards and by best practice in other jurisdictions.
Recent experience with defective materials in new home construction underlines the need to take a robust performance-based approach to the adoption of low-carbon materials. Alternative materials must meet the requirements of all parts of the building regulations, including requirements relating to durability, fire safety, structure, and resistance to moisture.
Ireland's approach will be based on environmental certification, and a framework for calculating the embodied carbon of a building, taking into account the outcome of the review of the EU Construction Products Regulation (CPR).
In accordance with the proposed Energy Performance of Buildings Directive (EPBD) my Department is engaging with SEAI to put in place embodied carbon frameworks for 1 January 2027 for new buildings over 2000 metre squared and for new residential buildings from 1 January 2030. The Directive proposes that this declaration of Global Warming Potential will be included in the Building Energy Rating Certificate. There is significant work required to establish certified material databases, an accounting framework for embodied carbon, development of software and training of assessors. The draft EPBD is planned to be adopted by the European Institutions later this year. When adopted all Member States, including Ireland, will be required to comply with the requirements of this Directive.
Separately included among the outputs of the Climate Change Sectoral Adaptation Plan for Built and Archaeological Heritage will be a life-cycle assessment report illustrating a step-by-step approach to assessing the embodied and life cycle emissions involved in retrofitting an existing building. The report, planned for completion later this year, is intended to highlight the vital contribution reuse of the existing building stock makes to ‘avoided carbon’, in addition to protecting the heritage values of our historic built environment.
180. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage if a pension lump sum one-off payment is taken into account when assessing someone for social housing; and if he will make a statement on the matter. [25361/23]
View answerDecisions on eligibility for social housing support are a matter solely for local authorities with reference to eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations.
The Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy.
The Policy provides for a range of income disregards, and local authorities have scope to disregard once-off, temporary or short-term income and which is outside the regular pattern of a person’s annual income. It also provides savings are only relevant to the assessment in so far as they generate income for applicant households through dividends or interest. Should this pension lump sum generate an income by way of dividend or interest then it may be relevant to income assessment.
181. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if mobile and software applications from a company (details supplied) will be banned from Government devices to protect users’ data from being passed to state security services, in light of information outlined in a media report. [25378/23]
View answerMy Department publishes public information on a number of social media platforms including Meta.
My Department does not comment on operational security matters as it would be inappropriate to disclose information that may in any way assist those with malicious intent. I can say however that my Department has policies in place to cover social media usage.
My Department also continues to work closely with the National Cyber Security Centre (NCSC) which encompasses the State's national/governmental Computer Security Incident Response Team (CSIRT-IE)
182. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if he will clarify his Department’s position on four housing issues (details supplied); and if he will make a statement on the matter. [25393/23]
View answerWith regard to the matters raised, section 34(4)(c) of the Planning and Development Act 2000, as amended (the Act), enables planning authorities to attach conditions to a planning permission requiring the taking of measures to reduce or prevent –
• the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in the neighbourhood, or
• the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site.
Where a developer is not in compliance with a granted planning permission including any attached conditions, then enforcement of planning is a matter for the relevant planning authority. There are extensive enforcement provisions provided for in Part VIII of the Act, with a view to ensuring that works pertaining to permitted developments are carried out in accordance with the planning permission granted and any associated conditions.
If any person is of the view that any development works being undertaken are not in compliance with the permission granted or any condition attached to a permission, they may make a written submission to the relevant planning authority under section 152 of the Act. It is a matter for the planning authority to investigate the matters raised in any correspondence and to take any appropriate enforcement action. This may include the issuing of a warning letter under section 152 of the Act and, where necessary, an enforcement notice under section 154 of the Act requiring that the development is carried out in conformity with the planning permission and any conditions pertaining to that permission.
The Environmental Protection Agency (EPA), - which is under the aegis of my colleague the Minister for the Environment, Climate and Communications, - operates the Local Authority Environmental Enforcement Performance Framework, details of which can be accessed on the EPA website at the following link: - www.epa.ie/our-services/compliance--enforcement/support-and-supervision-of-local-councils/la-performance/. The EPA has a supervisory role in relation to the performance by local authorities of their statutory environmental protection duties including in relation to air and noise controls. In addition, policy in relation to air quality, noise and industrial emissions falls under my colleague, the Minister for the Environment, Climate and Communications.
Where an individual is of the opinion that the relevant local authority is not addressing any environmental issues raised, the EPA provides information on complaints procedures at:
www.epa.ie/our-services/compliance--enforcement/whats-happening/make-an-environmental-complaint/
Where the EPA receives a complaint in this regard, it is a matter for the EPA to determine whether the local authority is fulfilling its environmental functions.
Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned.
183. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of tenant-in-situ sales completed by Cork City Council to date; the number in progress; and the number requested. [25455/23]
View answerUnder Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).
For 2023, the Government has agreed that there will be increased provision for social housing acquisitions and my Department will fund local authorities to acquire at least 1,500 social homes. The additional acquisitions will be focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property. My Department issued a circular letter to all local authorities in March, setting out details of these arrangements and each local authority was provided with a provisional allocation for social housing acquisitions in 2023. Cork City Council were provided with a provisional target to acquire 80 social homes in 2023. This target will be kept under review.
Details of social housing acquisitions are published as part of the comprehensive programme level statistics published by my Department on a quarterly basis. This data is available for all local authorities to the end of Quarter 4 2022 and is published on the statistics page of my Department’s website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/.
While data published to date does not include a breakdown of properties acquired where a tenant has received a Notice of Termination due to the landlord’s intention to sell the property, from Q1 2023 an amendment has been made to my Department's statistical returns to collect information in this regard. This data is currently being collated and will be published in due course. Further information may be available directly from Cork City Council.
184. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he intends to give councils and the Housing Agency any flexibility with the income limits for cost rental tenant-in-situ scheme to ensure that applicants whose income is just over the upper income limit for cost rental are not excluded from the tenant-in-situ scheme and thus rendered homeless. [25457/23]
View answerThe Cost Rental Tenant In-Situ (CRTiS) Scheme was introduced as an interim measure, developed on an administrative basis, to address the immediate circumstances of the ending of the 'Winter Emergency Period' on 31 March 2023. This temporary scheme is available where a tenant faces the termination of a tenancy due to the landlord’s intention to sell the property. The scheme is available if the tenant household:
• is not able to or intending to purchase the property from the landlord,
• does not own other residential property,
• is assessed by the Local Authority to be at risk of homelessness,
• is not in receipt of social housing supports (i.e. the Housing Assistance Payment (HAP) or the Residential Accommodation Scheme (RAS)), and
• has an annual net household income of no more than €53,000.
It is the longer-term intention to transition these tenancies and homes to the standard framework for Cost Rental, where rents are set at a level to meet the costs of acquiring, managing, and maintaining the home. It is for this reason that the net household income limit of €53,000 (gross income less income tax, PRSI, USC and superannuation contributions) aligns with the standard income limit set for Cost Rental housing.
If applicant incomes are above the limit to be eligible for cost rental tenant in-situ scheme, tenants can contact their local authority who will be in a position to advise them of other measures which may be appropriate for their specific situation.
185. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the total amount of general Government capital expenditure on social and affordable housing by local authorities, approved housing bodies and the Land Development Agency in 2022 by funding via voted-Government capital expenditure, Approved Housing Body-borrowing for capital developments and LDA capital expenditure in each of those years, in tabular form; and if he will make a statement on the matter. [25472/23]
View answerSocial Housing is delivered through a range of local authority and Approved Housing Body (AHB) delivery programmes. Capital expenditure on the delivery of new social homes is also supported by current funding provided through the Social Housing Current Expenditure Programme (SHCEP).
In respect of AHB social housing delivery, my Department does not fund AHBs directly, but rather provides the funding to the local authorities, who, in turn, channel the funds to the AHBs as appropriate. For information, the capital funding provided in 2022 to local authorities under the two main AHB social housing delivery programmes, i.e. the Capital Advance Leasing Facility (CALF) and the Capital Assistance Scheme (CAS), amounted to €404 million.
In respect of Affordable Housing delivery, Housing for All provides for a number of significant affordability measures, supported by an investment package of direct exchequer funding, investment through the Land Development Agency (LDA) and lending by the Housing Finance Agency (HFA).
The table below sets out details of expenditure requested:
|
2022 Capital Expenditure |
|
|
Social Housing (Build & Acquisition) |
€1,695m |
|
Affordable Measures (Affordable Housing Fund, First Home, Cost Rental Equity Loan) |
€100m |
|
LDA Capital Expenditure |
€51m |
|
HFA Loan Advances (Local Authority & AHB) |
€1,156m |
186. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage the grants and supports available for the purchase and maintenance of through-floor lifts used by people with disabilities in households that currently exceed the €60,000 yearly household income threshold under the housing adaptation grant; and if he will make a statement on the matter. [25482/23]
View answerMy Department provides funding to local authorities for the Housing Adaptation Grants for Older People and People with a Disability scheme. The Grant Scheme assist eligible applicants living in privately owned homes to make their accommodation more suitable for their needs.
The grants available operate on a sliding scale with the highest percentage grants available to those with the lowest incomes and vice versa. The schemes are means tested and grant assistance is not available to applicants whose household income, after disregards and deductions, exceeds €60,000 per annum. The household income approach is intended to spread the benefits of the grant scheme as widely as possible and to ensure fairness and value for money in operation of the scheme towards those with the greatest needs. Local authorities, in administering the scheme, work with qualifying applicants to secure the most beneficial outcome possible in line with the applicants' financial circumstances and within the parameters of the Grant Scheme.
Further detail on these schemes is available at the following link:
www.gov.ie/en/service/6636c-housing-adaptation-grants-for-older-people-and-people-with-a-disability/
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. On foot of my careful consideration of the Review report, I have asked my Department officials to engage with the Department of Public Expenditure, NDP Delivery and Reform on the Review report.
187. Deputy Michael Fitzmaurice asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 757 of 18 April 2023, which to date remains unanswered, the reason for this; if he will confirm whether a person who owns a derelict house and who wishes to avail of the vacant property refurbishment grant, and as a result of the structure being damaged beyond repair, demolishes the house, is eligible to apply for the vacant property refurbishment grant; and if he will make a statement on the matter. [25537/23]
View answerPathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock.
In July 2022 the Vacant Property Refurbishment Grant was launched to support bringing vacant and derelict properties back into use.
From 1 May 2023, a grant of up to a maximum of €50,000 is available for the refurbishment of vacant properties for occupation as a principal private residence and for properties which will be made available for rent, including the conversion of a property which has not been used as residential heretofore, subject to appropriate planning permission being in place.
Where the refurbishment costs are expected to exceed the standard grant of up to €50,000, a maximum top-up grant amount of up to €20,000 is available where the property is confirmed by the applicant to be derelict or where the property is already on the local authority’s Derelict Sites Register, bringing the total grant available for a derelict property up to a maximum of €70,000.
The grant is available in respect of vacant and derelict properties built up to and including 2007, in towns, villages, cities and rural areas.
A maximum of two grants are available to any applicant, of which one must be in respect of a home they intend to occupy as their principal private residence and the other may be in respect of a property which will be made available for rent.
The level of Grant is contingent on the works approved by the local authority and will be paid based on vouched expenditure following a final inspection by the local authority.
The refurbishment of a vacant property for occupation may involve development that requires planning permission. Where appropriate, an applicant under the scheme will be required to submit evidence that planning permission has been attained prior to final grant approval. In cases where a question arises in relation to whether a proposed development needs planning permission or is an exempted development, an applicant under the scheme will be required to submit a declaration of exemption under Section 5 of the Planning and Development Act 2000, as amended.
The objective of the grant scheme is to support the carrying out of refurbishment works to bring existing vacant and derelict properties back into use. While demolition and extension works can form part of an application for the Vacant Property Refurbishment Grant, such works must be part of a wider refurbishment of the existing dwelling in keeping with the objectives of the scheme.
