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Pyrite Remediation Programme

Dáil Éireann Debate, Thursday - 19 June 2014

Thursday, 19 June 2014

Ceisteanna (109)

Dara Calleary

Ceist:

109. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the implications that have arisen from the recent discovery of pyrite in concrete blocks for the pyrite remediation scheme; the areas of the country that will be eligible to apply; if homes affected in County Mayo will be eligible to apply; if not, the reason for same; and if he will make a statement on the matter. [26431/14]

Amharc ar fhreagra

Freagraí scríofa

In April this year my Department was made aware of a potential problem with pyrite in concrete blocks by the market surveillance authority (i.e. building control authority) in whose functional area the block manufacturer is located.

It is understood that a small number of construction sites have been supplied with the affected blocks. Testing has been carried out in a number of the buildings/dwellings on the sites identified which has confirmed the presence of deleterious material (sulphates/pyrite) in the blocks. The solution identified in those cases appears to be for demolition and rebuilding. Further testing is being carried out on other buildings/dwellings on the sites identified and the results will determine the appropriate course of action in respect of those dwellings/buildings.

Remediation of construction defects is a matter for resolution between the contracting parties and my Department understands that in each case the costs of resolution are being pursued, in the first instance, with the relevant contractors and suppliers in accordance with the terms and conditions of the construction contracts.

The pyrite remediation scheme, which was published by the Pyrite Resolution Board in February of 2014, was developed having regard to the recommendations set out in the report of the independent Pyrite Panel and in accordance with the relevant provisions of the Pyrite Resolution Act 2013. The Panel was established in September 2011 to explore options for a resolution to the problem of pyrite in the subfloor hardcore material which at that time had manifested itself in dwellings in a number of areas. The Panel reported to the Minister in July 2012.

It is a scheme of “last resort” and is limited in its application and scope. It is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I .S. 398 - 1 :2013 Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. In addition, applicants under the scheme must be able to demonstrate to the Board that they have no practicable options, other than under the scheme, to secure the remediation of their homes. The scheme applies to dwellings in the five local authority areas identified in the pyrite report - Meath, Kildare, Offaly and the administrative areas of Dublin City and Fingal. The Panel identified those areas following an extensive consultation process.

The Pyrite Resolution Act 2013 provides the statutory framework for the pyrite remediation scheme and while the Act provides that the scheme can be amended, replaced or revoked, this can only be done in accordance with the scope of the Act. The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material and not to damage arising in any other circumstance.

In this context, the scheme cannot be extended to include pyritic damage, or other forms of damage, which is not provided for in the Act.

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