asked the Minister for the Environment (a) if he is aware of the extreme dissatisfaction experienced by many purchasers of new houses in suburban estates in the Dublin area due to defects in house construction and unfinished estate amenities; (b) if he will agree that these conditions amount to a severe social grievance; (c) if he considers that the existing planning law and practice provide the State and local authorities with adequate means to redress this grievance; and (d) if not, if he proposes any strengthening of the law in this regard.
Ceisteanna—Questions. Oral Answers. - Housing Estate Grievances.
5.
I am aware that problems can arise in regard to defects in house construction in some new housing estates and in the completion of estate amenities. In so far as house construction is concerned, I would point out that in January 1978 I introduced the structural guarantee scheme for new private houses to meet the problems of structural defects. The scheme appears to be operating satisfactorily and will be reviewed after two years. In addition, a new outline specification for new private houses has been issued by my Department and this includes improved insulation standards for all grant-type new houses. These new provisions are in addition to the existing powers of local authorities under the Planning Acts and local by-laws. A review of draft building regulations is currently being carried out in my Department and when they come into force will replace existing local authority building by-laws.
As regards the satisfactory completion of new housing estates, I am not aware that the existing legislation is inadequate. The powers of planning authorities under the Local Government (Planning and Development) Act, 1963, to deal with unfinished estates were considerably strengthened in the provisions of the 1976 Act. The operation of these provisions is kept under review with a view to ascertaining whether amendments are necessary. To date, there is no indication that changes are required.
I thank the Minister for a full reply. Would the Minister accept that every Deputy who represents a constituency in which there are sprouting suburbs of the kind I mean is met more than once a week with complaints from residents' associations about the delay in completing estate amenities, in finishing roads and in doing what is necessary before the road can be taken in charge, and these grievances sometimes persist for three or four years?
Twelve years in one case.
I accept that Deputies receive these complaints regularly, but the power is vested in the local planning authority to deal with these matters and to ensure that the conditions laid down in a planning permission are carried out. For instance, in the event of a firm of developers failing to get the amenity area into proper order, the local authority are specifically empowered under the 1976 Act to acquire that area and carry out the work themselves, and of course to charge it to the company.
From my own constituency I could bring to the Minister at least 12 deputations from 12 new housing estates all of whom are frothing at the mouth, and rightly so, because of the failure to complete amenities and because of the powerlessness of the local authority to force developers to do so. Would the Minister undertake here and now to receive deputations from such areas if I produce to him in advance a statement of the respects in which the local authority have failed to make the law in regard to the completion of amenities stick? Would the Minister receive deputations from my constituents here?
I will receive a deputation——
There are 12 of them.
——but I would appreciate if the Deputy would include somebody from that local authority so that we may hear why they cannot enforce the powers given to them under the 1976 Act.
Surely the Minister knows why.
They can do it in other local authority areas.
(Interruptions.)
Order, please.
Would the Minister accept that it is a fair implication from his reply that, in relation to defects in house construction which were mentioned in the question, the owners of houses which were bought and completed before January 1978, when the house-building guarantee scheme was introduced, have no hope of any strengthening of the law retrospectively to deal with their situation?
The guarantee scheme was introduced only at that time, as the Deputy knows.
Question No. 6.
(Cavan-Monaghan): I have one further supplementary which arises out of the Minister's statement that local authorities have power under the 1976 Act——
And the 1963 Act.
(Cavan-Monaghan):—— and the 1963 Act to take over estates and make good the defects. Has that power ever been exercised and, if so, on how many occasions?
I have no knowledge of it with me here as to whether it was——
That is a separate question.
But it was strengthened in 1976.
Has it been exercised by any local authority in the country on one single occasion, to the Minister's knowledge?
If so, I will let the Deputy know.
Arising out of the Minister's reply, in view of the fact that this Government and this Minister have made the £1,000 grant available for the private house sector, will the Minister review the operation of that in order to use it as some form of lever to ensure that housing estates built by private developers are completed before the final payment of the grant? Bearing in mind the representations that Deputy Kelly has made——
That is a separate question.
It arises out of the Minister's reply.
We could have a thousand variations.