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Legislative Measures

Dáil Éireann Debate, Tuesday - 3 October 2023

Tuesday, 3 October 2023

Questions (357)

Duncan Smith

Question:

357. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage to outline when the draft legislation to support the remediation of defects in apartments and duplexes with fire safety, structural safety and water defects constructed between 1991 and 2013 will come before the Houses of the Oireachtas for discussion and review; to provide details of the timeline for the implementation of this legislation; and if he will make a statement on the matter. [42276/23]

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Written answers

Since the receipt of Government approval in January of this year, I have been working to progress the various programmes of work that are required to place the scheme 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 on a statutory footing.

Key to this has been the development of a Code of Practice, in the context of the Fire Services Acts, which I published on my Department's website on 25 July at the following link: www.gov.ie/en/publication/95159-code-of-practice-for-the-remediation-of-fire-safety-defects/. The purpose of this Code of Practice for the Remediation of Fire Safety Defects is to support the development of a reasonable and practicable approach to resolving fire safety defects and ensure a consistent approach nationwide to remediation. It enables stakeholders such as Owners’ Management Companies (OMCs) and industry to align their work with its provisions. Going forward the Code of Practice will be a key document to support the operation of the remediation scheme and will be subject to periodic review.

Importantly, it also provides guidance to OMCs, building professionals and local authority building control / fire services, including guidance on interim safety measures, in the context of the Fire Services Acts 1981 & 2003. My Department is continuing to work with the local authority sector, particularly Fire Services, to establish the necessary processes and structures to use the Code of Practice.My Department is also working with the Housing Agency on advice and guidance on the steps OMCs should take when carrying out such life-safety works. This includes funding mechanisms for interim fire safety measures in extreme cases and further details of this will be published in the coming months.The Housing Agency will play a central role in the remediation scheme when it becomes operational. It has established a web portal to serve as a knowledge base and OMCs may indicate their potential interest in the future remediation scheme by inputting information on their developments on the portal which is available on the Housing Agency's website. It should be noted that this portal, which is subject to conditions of use, is not a formal registration mechanism for the future remediation scheme.

In addition, work is also 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. I expect the draft legislation to be published in the first half of 2024 and, subject to the legislative process, it is intended that the statutory scheme will be in place later in 2024.

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