Tuesday, 14 Nov 2023

Written Answers Nos. 253-277

Marine Protected Areas

Questions (253)

Eoin Ó Broin

Question:

253. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage for an update on the publication of the General scheme of the Marine Protected Areas Bill. [49540/23]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

The general scheme of the Marine Protected Areas Bill was published in December 2022. Following the scrutiny of the Joint Oireachtas Committee, my Department has been working in close collaboration with parliamentary drafters over the past several months to develop the Bill and I anticipate that it will be ready for publication early in 2024.

Housing Provision

Questions (254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264)

Alan Kelly

Question:

254. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the eight local authority housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49541/23]

The following deferred reply was received under Standing Order 51

I propose to take PQs 254 , 255 , 256 , 257 , 258 , 259 , 260 , 261 , 262 , 263 and 264 together. The details of each project referred to in the Questions above are set out in the following table:

Details Supplied	Current status of project	Dáil Ref
49541/23 Ballyhalse, County Cavan in May 2015	8 new social homes completed Q4 2018 at a cost of €1.8m. Not opened by a Minister	254
49542/23 Butlersbridge, County Cavan in May 2015	6 new social homes completed in 2 phases at a cost of €900k. 4 homes completed in Q2 2017 with the remaining 2 completed in Q1 2018. Opened by Minister Damian English in May 2018.	255
49543/23 Shannon, County Clare in May 2015	Withdrawn by Clare County Council due to changes in circumstances in AHB. Scheme did not progress as a result.	256
49544/23 Quilty, County Clare in May 2015	18 new social homes completed Q4 2020 (initially proposed as 10) at a cost of €4.3m. Not opened by a Minister.	257
49545/23 Ennis, County Clare in July 2015	Withdrawn by Clare County Council due to flood risk issues.	258
49546/23 Doonbeg, County Clare in July 2015	Withdrawn by Clare County Council due to changes in circumstances in AHB. Scheme did not progress as a result.	259
49547/23 St. John's Well, Cork City in May 2015	6 new social homes completed Q4 2019 at a cost of €1,898,393. Not opened by a Minister.	260
49548/23 Lough Road, Cork City in May 2015	Withdrawn by Cork City Council as issues with the title proved insurmountable. Department notified that project would not proceed in 2018.	261
49549/23 Ceanncora Lawn, Ballinlough, Cork City in July 2015	1 new social home completed Q3 at a cost of €187,082. Not opened by a Minister.	262
49550/23 Manorhamilton, County Leitrim in May 2015	7 new social homes completed in Q4 2018 at a cost of €1.1m. Not opened by Minister.	263
49551/23 Ballinamore, County Leitrim in January 2016	2 new social homes completed in Q4 2017 at a cost of €255,000. Not opened by Minister.	264

Alan Kelly

Question:

255. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the six local authority housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49542/23]

Alan Kelly

Question:

256. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the 15 local authority housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49543/23]

Alan Kelly

Question:

257. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the ten local authority housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49544/23]

Alan Kelly

Question:

258. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the seven AHB housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49545/23]

Alan Kelly

Question:

259. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the 12 AHB housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49546/23]

Alan Kelly

Question:

260. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the two local authority housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49547/23]

Alan Kelly

Question:

261. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the two local authority housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49548/23]

Alan Kelly

Question:

262. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the AHB housing unit approved for construction in a location (details supplied) has finished construction; if so, its completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49549/23]

Alan Kelly

Question:

263. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the seven local authority housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49550/23]

Alan Kelly

Question:

264. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if the two AHB housing units approved for construction in a location (details supplied) have finished construction; if so, their completion date; the final number of units delivered; the total cost of the project; if the development was officially opened by a Minister; if so, when that happened; if not, the reasons for the project not proceeding; the current status of the project; and if he will make a statement on the matter. [49551/23]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 254, 255, 256, 257, 258, 259, 260, 261, 262, 263 and 264 together.

The information requested is being compiled and will be forwarded to the Deputy in accordance with Standing Orders.

Question No. 255 answered with Question No. 254.

Question No. 256 answered with Question No. 254.

Question No. 257 answered with Question No. 254.

Question No. 258 answered with Question No. 254.

Question No. 259 answered with Question No. 254.

Question No. 260 answered with Question No. 254.

Question No. 261 answered with Question No. 254.

Question No. 262 answered with Question No. 254.

Question No. 263 answered with Question No. 254.

Question No. 264 answered with Question No. 254.

Housing Provision

Questions (265)

Sorca Clarke

Question:

265. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage the number of cost rental properties provided by any local authority or approved housing body, in tabular form, per county, for single adult applicants in the years 2020, 2021, 2022 and to date in 2023. [49564/23]

Written answers

Minister for Housing, Local Government and Heritage

Under Housing for All, the Government will deliver 54,000 affordable homes, including 18,000 Cost Rental tenancies, to be facilitated by local authorities, Approved Housing Bodies (AHBs), the Land Development Agency (LDA), and through the First Home scheme, a strategic partnership between the State and retail banks.

To date over 3,000 affordable homes, including over 770 Cost Rental tenancies, have been delivered through our new Cost Rental schemes, the First Home Scheme and the Local Authority Affordable Purchase Scheme. This momentum will continue as the pipeline of affordable housing delivery is developed and expanded by all delivery partners, including local authorities, AHBs, the LDA, and First Home. Data for affordable housing delivery is published on a quarterly basis, similar to social housing delivery. This data is available up to Quarter 2 2023 and is published available at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/#affordable-housing-delivery.

Pursuant to Section 9 of S.I. No. 755/2021 Affordable Housing Act 2021 (Cost Rental Letting and Eligibility) Regulations 2021, Cost Rental landlords are directed to seek the efficient use of resources by allocating appropriately sized homes according to household needs. This direction is to ensure that landlords place tenants into homes of an appropriate size, in order to maximise the efficient use of the limited number of properties that have been available during the initial rollout of Cost Rental. These Cost Rental homes will accommodate a range of different household types and sizes, including single adult applicants and smaller households, as further developments are completed. The specific data requested in relation to single adult applicants is not held by my Department.

Departmental Data

Questions (266)

Alan Farrell

Question:

266. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage the number of thatched buildings, both private and public, within the State; and if he will make a statement on the matter. [49598/23]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage (Deputy Malcolm Noonan)

Thatched buildings are currently recorded through a number of means, including the record of protected structures within each local authority and as part of county-level surveys undertaken by my Department through the National Inventory of Architectural Heritage.

My Department has been working to determine an accurate figure for the number of thatched buildings across the State, as no comprehensive central record of this has previously existed. A national thatch survey has been completed by my Department, and officials are reviewing and cross-checking the resulting data to ensure there is consistency and no duplication of records. This review will establish the number of thatched properties that appear to habitable and the number that are derelict or in ruins. A final result from this extensive exercise is expected to be available by the end of November.

Housing Provision

Questions (267)

Maurice Quinlivan

Question:

267. Deputy Maurice Quinlivan asked the Minister for Housing, Local Government and Heritage to confirm what the anticipated overspend is on Limerick Council's Part 8, which is the build of 43 units on the Condell Road in the city; and if he will make a statement on the matter. [49628/23]

Written answers

Minister for Housing, Local Government and Heritage

Limerick City and County Council is responsible for the management and operation of the project referred to and for the determination of any budget adjustments that arise, in accordance with the terms and conditions of the applicable contract. This project is currently on-site and is scheduled for completion in Q2/2024.

As is standard practice, once projects of this nature are fully completed, the relevant Council is required to submit a copy of the contract final account and a final budget application, to my Department, setting out the final all-in cost of the project. If the final budget application indicates an increase over the previously approved budget, the Council must provide supporting documentation explaining and justifying the additional cost. It would be premature, at this stage, to comment further until this information is available.

Local Authorities

Questions (268)

Cathal Crowe

Question:

268. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if he can provide an update on what actions Tipperary County Council have taken since the elected members of the Nenagh Municipal District unanimously passed a motion, at their meeting held on 21 September 2023, calling for the local authority to register ownership over the Kilboy Graveyard in Dolla; and if he will make a statement on the matter. [49645/23]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage (Deputy Malcolm Noonan)

This is a matter for the Local Authority referred to in the Question. The site referred to is not in State ownership or guardianship.

Defective Building Materials

Questions (269)

Francis Noel Duffy

Question:

269. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage the reason funding for owners of defective apartments is being withheld pending legislation; if emergency funding can be made available for those living in properties with serious defects which pose a health and safety risk; and if he will make a statement on the matter. [49804/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

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

Bespoke legislation is needed to underpin the remediation scheme, the cost of which is estimated at more than €2 billion. The Government are entirely focused on establishing a scheme that is fit for purpose and works for the people impacted.

Key to this has been the publication last July of a Code of Practice for the Remediation of Fire Safety Defects to support the development of a reasonable and practicable approach to resolving fire safety defects. The provisions of this Code of Practice will also ensure a consistent approach nationwide to remediation. My Department is currently working with the Housing Agency on advice and guidance on the steps Owners’ Management Companies (OMC) should take when carrying out such life-safety works.

The Housing Agency has now appointed a Programme Manager to coordinate the scheme and a web portal has been opened, where OMCs can indicate their potential interest in the future remediation scheme by inputting information on their developments. The Housing Agency presented a one-hour webinar on Monday, 13 November 2023 to assist users on how to use the web portal. I believe this shows continued progress in meeting the concerns of apartment owners.

My Department is also working closely with the Housing Agency and key stakeholders to facilitate the provision of funding for interim fire safety measures on an administrative basis. Further details of this will be published in the coming weeks.

While this work is progressing, work is advancing to draft the required legislation to place the remediation scheme on a statutory footing. It is expected the draft legislation will be published in 2024. It is intended that subject to the legislative process, the statutory scheme will be in place shortly thereafter.

Building Regulations

Questions (270, 272)

Ivana Bacik

Question:

270. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he has made representations to the Minister for Justice in respect of moving responsibility for the regulation of multi-unit developments and related legislation from the Department of Justice to his Department. [49842/23]

Ivana Bacik

Question:

272. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he will provide an update on his Department’s work in relation to a review of the Multi-Unit Developments Act 2011; and if he will report on his representations to the Minister for Justice in respect of same. [49845/23]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 270 and 272 together.

The Multi-Unit Developments Act 2011 (‘the MUDs Act’) was enacted with the primary purposes of reforming the law on the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.

The Programme for Government contains a commitment to conduct a review of the MUDs Act to ensure that it is fit for purpose, and that it acts in the best interests of residents.

The Minister for Justice has responsibility for the MUDs Act since its preparation and enactment. Therefore the review of the legislation is the responsibility in the first instance for her Department. My Department is contributing to this review given our role with regard to housing policy. Both Departments are currently engaging constructively in relation to the review.

I have brought forward important initiatives in relation to multi-unit developments in recent months. These include the remediation scheme which I announced earlier this year, and which will provide support for the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. My Department also published, in July 2023, a Code of Practice for remediation of such defects, to ensure a consistent approach nationwide to remediation, which will allow stakeholders such as OMCs and industry to align their work with its provisions.

Furthermore, my Department is also currently working with the Housing Agency on advice and guidance on the steps OMCs should take when carrying out such safety works. This includes funding mechanisms for interim fire safety measures in extreme cases, and I hope to be in a position to publish more details on these shortly. Work is also advancing in my Department with regard to drafting the necessary legislation to underpin the scheme.

My Department has had discussions with the Department of Justice regarding where responsibility for the regulation of the sector should reside. This is a matter which I expect will be addressed further in the Department of Justice review.

Building Regulations

Questions (271)

Ivana Bacik

Question:

271. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he is satisfied by the rate of implementation of the Housing for All plan in respect of putting in place regulations under sections 18 and 19 of the Multi-Units Development Act 2011; and the reason for the delay in putting such regulations in place. [49843/23]

Written answers

Minister for Housing, Local Government and Heritage

The Multi-Unit Developments Act 2011 (‘the MUDs Act’) was enacted with the primary purposes of reforming the law on the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.

The Government’s housing plan, Housing for All - a New Housing Plan for Ireland , provides for Regulations to be made under the MUDs Act relating to the:

• management of annual service charges by OMCs (section 18 of the MUDs Act); and

• expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure- section 19).

The Minister for Justice has had responsibility for the Multi-Unit Developments Act 2011 since its preparation and enactment. Therefore responsibility for putting in place any regulations under that Act lies with my colleague the Minister for Justice.

My understanding is that given my Department's role with regard to housing policy matters, the Department of Justice has sought observations on draft regulations. This should help guide the review and finalisation of the draft Regulations by that Department in the near future.

Question No. 272 answered with Question No. 270.

Energy Conservation

Questions (273)

Seán Sherlock

Question:

273. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage if any application has been received by his Department in respect of an estate in terms of retrofitting opportunities (details supplied). [49849/23]

Written answers

Minister for Housing, Local Government and Heritage

In 2021 a new holistic approach was applied to the Energy Efficient Retrofit Programme (EERP), designed around the Programme for Government's commitment led by the Department for the Environment, Climate and Communications that calls for the 'retrofit' of 500,000 homes to a B2 (BER)/Cost Optimal Equivalent standard by 2030, of which, approximately 36,500 are expected to be local authority owned homes, with grant funding provided by my Department for those local authority housing retrofits.

This new programme sets a BER performance requirement of “B2” or cost optimal level. The upscaling of the works included in the programme sees a substantial overall increase in funding being made available for attic and wall insulation, windows and doors where required and heating upgrades, specifically the installation of a heat pump and associated works.

In 2023, my Department announced that funding of €87 million is available for the retrofit of approximately 2,400 social homes. Cork County Council received an allocation of €6,249,625 including project management fees to retrofit 173 homes. The detailed administration of the programme is a matter for each individual local authority including the selection of homes and programme of works to comply with the technical specifications of the scheme. One property was retrofitted in Convent Way in 2022, however, no further submissions have been received by my Department in respect of the estate this year.

Departmental Bodies

Questions (274)

Ivana Bacik

Question:

274. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he will report on his Department’s attendance at Senior Officials Group meetings in respect of the Government’s response to the war in Ukraine. [49906/23]

Written answers

Minister for Housing, Local Government and Heritage

My Department is represented at the Senior Officials Group referred to in the Question. Attendance is linked to the supporting role my Department fulfils in respect of the whole of Government response to the humanitarian situation that arose as a consequence of the invasion of Ukraine. This role specifically concerns three strands:

1. Emergency Refurbishment (Ukraine) Project;

2. “Offer a Home” call; and

3. Supporting the Identification of Sites for Rapid Build Homes.

Rental Sector

Questions (275)

Denis Naughten

Question:

275. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage the current timelines for a Residential Tenancies Board adjudication on a termination notice; the plans, if any, there are to expedite this process; and if he will make a statement on the matter. [49911/23]

Written answers

Minister for Housing, Local Government and Heritage

The Residential Tenancies Board (RTB) was established an independent statutory body under the Residential Tenancies Acts 2004-2022 (RTA), to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants and as such, the adjudication process is an operational matter for the RTB.

My Department does not hold the information sought. However, arrangements have been put in place to facilitate the provision of information by State Bodies to members of the Oireachtas. The RTB has set up a dedicated email address for this purpose and may be contacted at [e-mail] to establish the extent to which it may hold the information sought.

Rental Sector

Questions (276)

John Lahart

Question:

276. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage to outline what the position is with ground rent that might not have been paid on a residential property in many years; whether it is still due; whether an interest or moiety has accrued on it; at what level that can be charged; and if he will make a statement on the matter. [49934/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

Tailte Éireann administers a Ground Rents Purchasing Scheme under which owners of leasehold property can purchase their Ground Rent and enlarge their interest into a freehold under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

Where a property is held under a lease that is subject to a rent, whether or not the rent has been paid or claimed for a number of years does not imply that no rent is due.

In an application for vesting certificate under the arbitration procedure, the Arbitrator must be satisfied that rent has been paid up to date. Therefore, before issuing a vesting certificate, the latest rent receipt should be lodged. If no rent has been paid, then the statutory requirement under the Act is to request payment of up to a maximum of 6 years of rent arrears. (This does not apply in cases where the rent was fully indemnified in title deeds drawn up after the lease.)

Any earlier rent would be considered statute-barred unless the landlord had taken steps to protect his rights by instituting proceedings. Arrears of rent prior to that date would be a matter for the court.

Before issuing a vesting certificate on arbitration, the latest rent receipt showing payment of the ground rent up to the next gale day following the date of the award or arrears or rent from the last receipted payment up to a maximum of 6 years of arrears of rent must be paid.

Tailte Éireann is not in a position to address the issue of whether any earlier rent not paid is still due, outside of the statutory requirement under the Act i.e. rent paid or 6 years rent arrears. This would be a matter for the courts to decide if the landlord had instituted proceedings.

Tailte Éireann is not in a position to answer whether or not an interest or moiety has accrued and or at what level that can be charged. This would be a matter for the landlord, in many cases the local authority, and the terms agreed in the lease.

Fisheries Protection

Questions (277)

Catherine Connolly

Question:

277. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to reports of recent trawling activity by large vessels (details supplied) in and around the Glengarriff Special Area of Conservation site 00090; the details of any permits provided to these vessels to fish in and around the Glengarriff SAC site; the details of any appropriate assessment carried out to ensure that this pair trawling activity observed on 12 October 2023 and 8 November 2023 would not significantly disturb or endanger the species for which the site was designated, or that it would not have other significant impacts on the SAC and protected species such as harbour porpoises and common dolphins which hunt sprat; and if he will make a statement on the matter. [49975/23]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

Sea fishing boat licensing and registration is a function of the Sea Fisheries Administration Division of the Department of Agriculture, Food and the Marine. Questions in relation to the permitting or licensing of such vessels and their fishing activities are a matter for the Minister for Agriculture, Food and the Marine.