Dáil Éireann Debate, Thursday - 26 March 2015
255. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government his plans to allow redress for homeowners who have already completed the overdue and necessary remedial works to their dwelling as a result of pyrite, under the pyrite remediation scheme; and if he will make a statement on the matter. [12623/15]
Amharc ar fhreagraThe Pyrite Resolution Act 2013 provides the statutory framework within which the pyrite remediation scheme must operate. It is not a compensation scheme and section 14(8) of the Act specifically states that homeowners cannot seek the recoupment of costs associated with the remediation of a dwelling undertaken prior to the commencement of the scheme. I have no plans to amend the legislation in this regard.
The pyrite remediation scheme is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress. Inclusion in the scheme is predicated, inter alia, on the dwelling being subject to significant damage attributable to pyritic heave, and where this can be verified having regard to I.S. 398 -1:2013 Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation, as published by the National Standards Authority of Ireland, prior to works commencing. This is in line with how similar Government schemes operate or have operated in the past, where prior approval is a key eligibility requirement f or inclusion in a scheme.
In general, building defects are matters for resolution between the contracting parties, i.e. the homeowner, the builder, the supplier and/or their respective insurers, and in the event that the parties cannot reach a settlement by negotiation, the option of seeking redress in the Courts is available.
