Written Answers Nos. 510-24
510. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the status of architects and the building control regulations (details supplied); and if he will make a statement on the matter. [3971/16]
Amharc ar fhreagra511. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will restore market competition through the adoption of the Architects' Alliance of Ireland's special entry route; and if he will make a statement on the matter. [3997/16]
Amharc ar fhreagra516. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government the status of the so-called grandfather clause that was to apply to self-taught and long practicing architects; if he will comprehensively and finally address this matter in the interest of those directly affected and before the conclusion of the Dáil Éireann term; and if he will make a statement on the matter. [4063/16]
Amharc ar fhreagra545. Deputy Michael Creed asked the Minister for the Environment, Community and Local Government the status of progress made arising from a meeting in September 2015 with the Architects' Alliance of Ireland on the issue of registration of practice trained architects under the Building Control Act 2007; and if he will make a statement on the matter. [4347/16]
Amharc ar fhreagraI propose to take Questions Nos. 510, 511, 516 and 545 together.
The statutory arrangements for the registration of architects are set out under Part 3 of the Building Control Act 2007. Section 22 of the Act makes specific provision for the registration , based on technical assessment, of persons who had been independently performing duties commensurate with those of an architect for a period of 10 or more years in the State prior to the commencement of the Act. This is in effect what is often colloquially referred to as a “grandfather” provision.
In general, a construction professional who is not included on any of the three statutory registers for Architects, Building Surveyors or Chartered Engineers is not entitled to use the relevant professional titles of Architect, Building Surveyor or Chartered Engineer and may not sign statutory certificates of compliance for building control purposes.
In 2013, in response in particular to the lower than anticipated rate of applications for inclusion on the Register of Architects through the technical assessment route, an independent review of the arrangements in place for registration was undertaken by Mr Garret Fennell, Solicitor. Mr Fennell’s report on the matter is available on my Department’s website and can be accessed by clicking on the following weblink
http://www.environ.ie/en/Publications/DevelopmentandHousing/BuildingStandards/FileDownLoad,34097,en.pdf.
The Joint Committee on Environment, Culture and the Gaeltacht also examined the matter and published its Report on the Title of Architect (July 2013).
Both reports, which were welcomed by my Department, made a number of recommendations intended to improve and streamline the arrangements for registration. Implementation of these recommendations, in consultation with the Architects Alliance of Ireland (AAI) and others, has seen a number of reforms being implemented which include the administration of the technical assessment process on a cyclical basis where briefing, guidance and support for candidates can be administered in a structured manner; mentoring and supporting applicants; facilitating assessment based on recent projects; facilitating applicants with reassessment/reapplication (i.e. ensuring that the technical assessment procedure is not seen as a one chance only route to registration); and reviewing and simplifying guidance materials with direct input from practice-trained persons.
The recent review of the Building Control Regulations afforded the opportunity for further consideration of the matter in the context of broadening the pool of persons who may certify building works for building control purposes. In this regard, Minister Kelly and I have both reaffirmed our commitment to continuing to work with stakeholders to identify, as an alternative to the existing technical assessment procedure, a special entry route that takes due account of the practice-trained experience and subsequent career circumstances of such candidates for registration.
In recent weeks, the AAI has updated its own proposals for a special entry route to incorporate the proposed development of a prescribed register admission examination as currently provided for under section 14(2)(f) of the Act. While the Act would allow me to prescribe such a register admission examination as a route to registration for eligible persons, neither I nor my Department have the remit or the competence to validate or approve the proposed register admission examination. That aspect of the matter comes within the responsibility of the Royal Institute of Architects of Ireland (RIAI) who are designated as the registration body for the purposes of the Act of 2007 and as the competent authority for the purposes of Directive 2005/ 36 /EC (as amended) on the mutual recognition of professional qualifications. For this reason I would advise the AAI in the first instance to discuss their latest proposal with the RIAI as registration body/competent authority for the architectural profession in Ireland.
As previously stated, my Department and the RIAI, as registration body, are committed to continuing to work with the AAI and all other stakeholders to achieve whatever further reasonable and practical improvements in registration arrangements can be made.
512. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the procedures under the Residential Tenancies (Amendment) Act 2015 whereby landlords who claim to be selling a property are penalised if they subsequently re-let it; if a fine is imposed and awarded to the tenant or if the tenant is reinstated; and how the Private Residential Tenancies Board operate this process. [4011/16]
Amharc ar fhreagraThe Residential Tenancies Act 2004 specifies the grounds upon which a landlord may terminate a tenancy. Section 34 of the Act provides that a landlord may not serve a notice of termination on a tenant except in very clearly defined circumstances such as a failure by the tenant to comply with his or her obligations in relation to the tenancy; where the landlord intends to sell the property; or where the landlord requires the dwelling for his or her own occupation or for that of a family member.
Section 56 of the 2004 Act provides that where a landlord terminates a tenancy on the ground that he or she intends to enter into an agreement to sell the dwelling, and does not subsequently do so, a tenant may make a complaint to the Private Residential Tenancies Board (PRTB) that they have been unjustly deprived of possession of the dwelling by the landlord. On the hearing of such a complaint, the PRTB may award damages to the tenant, direct that the tenant be permitted to resume possession of the dwelling, or both. Section 118 of the Act provides for the discretion of the PRTB to refuse a direction for possession where such a direction could cause hardship or injustice to another person in possession of the dwelling.
The Residential Tenancies (Amendment) Act 2015 introduced strengthened protections applying to tenancy terminations in order to guard against terminations on false grounds. These measures involve, inter alia, a landlord having to make a statutory declaration as to their intention to sell a property. These provisions are subject to commencement order and will be commenced shortly.
513. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government why the Private Residential Tenancies Board and the Economic and Social Research Institute's rent index on rents is not being used to satisfy the criteria in respect of section 26(1)(b)(c) of the Residential Tenancies (Amendment) Act 2015, and instead an advertisement of three comparable properties within the four-week period is being used, given that this will result in properties being priced at asking prices rather than actual prices. [4012/16]
Amharc ar fhreagraSection 19 of the Residential Tenancies Act 2004 provides that the rent of a dwelling may not be greater than the amount of market rent for that tenancy at that time. Section 20 of the Act provides that the rent may not be reviewed more often than once every 24 months and section 22 provides that following a review, a landlord must give their tenant a minimum of 90 days’ notice of new rent.
Section 26(1)(b) of the Residential Tenancies (Amendment) Act 2015 amends section 22 of the 2004 Act to provide that a landlord must, when notifying a tenant of new rent as required under section 22, inter alia, provide the tenant with information regarding the amount of rent sought for 3 similar dwellings in a comparable area. In these circumstances, the Act stipulates that the amount of rent sought means the rent of a dwelling specified in an advertisement published within 4 weeks before the date of the notice. The purpose of this provision is to ensure that tenants are aware of prevailing rents and their rights under the Act in relation to market rent.
The Private Residential Tenancies Board (PRTB ) Rent Index is compiled by the Economic and Social Research Institute and based on the PRTB’s register of tenancies. The index is updated quarterly and is generally published approximately 2 months after the end of each quarter. This time lag is due to the 30 day grace period for retrospective registrations and the subsequent data analysis required. Therefore, to ensure that the most update to date information is available to tenants, landlords are asked to provide tenants with the rents of 3 similar dwellings as specified in an advertisement published within 4 weeks before the date of the notice rather than information from the PRTB Rent Index.
Where a tenant considers that the new rent set is in excess of the market rent, the tenant may bring a dispute to the PRTB and the rent may not be increased pending the determination of that dispute. Section 26(1)(b) is subject to a commencement order and will be commenced shortly.
514. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the domestic pay-by-weight waste management charges scheduled for introduction in July 2016 that will be imposed on commercial waste customers as of the same date; and if he will make a statement on the matter. [4051/16]
Amharc ar fhreagra515. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the consultation process being undertaken in the development of the charging mechanisms which will be introduced for commercial waste collections; and if he will make a statement on the matter. [4053/16]
Amharc ar fhreagraI propose to take Questions Nos. 514 and 515 together.
Pay-by-weight will come into effect for household waste only from 1 July 2016. It will not at that time be applied to commercial waste. However, it is planned to introduce legislation in the second half of 2016 to provide for the application of pay-by-weight to commercial waste. Consultations will be held with the waste industry, representatives of the business community and other stakeholders in the waste sector in advance of the introduction of pay-by-weight for commercial waste.
The per kilogram charge for household waste is set to cover the cost of sustainably treating the waste after it is first tipped at a collector’s depot or a waste facility. It covers the cost from there onwards of transporting and treating or disposing of the waste. Therefore the cost per kilogram of treating each of the waste streams is not related to how it is generated (i.e. by households or commercial entities) and it is not expected that there would be any material difference between commercial and household collections. Any service charge will be a matter for the waste collector to decide and will be dependent on open market conditions.
517. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the status of the €180 million funding allocated to approved housing bodies for capital funded social housing units including the amount recouped by these agencies to date; and the number and location of the new builds for which this funding has been recouped. [4070/16]
Amharc ar fhreagraIn July 2015, I announced funding approval of over €150 million under the Capital Assistance Scheme nationally, to deliver over 1,000 new units of accommodation by approved housing bodies. At that time I also announced additional approvals under the local authority construction programme valued at €30 million.
The funding being provided to approved housing bodies under that announcement is for both the construction and the acquisition of houses and apartments to assist those with specific needs such as elderly people, persons with intellectual or physical disability and homeless persons. In respect of construction projects announced in July 2015, these were all given initial approval-in-principle by my Department to proceed through the design and planning processes. As we know, the construction of housing takes time as all projects undergo design and planning work and these and other factors can have a direct impact on the timing for the advancement of construction projects.
While final figures are still being collated, the estimate is that approved housing bodies delivered over 350 units during 2015 under the Capital Assistance Scheme. Some acquisitions of houses and apartments approved in July last are being finalised and these, together with advancing the approved construction projects , will be the key work to be undertaken by approved housing bodies into 2016.
518. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the status of the new social housing plan to guarantee up to 90% of income for private investors (details supplied); and to describe how this programme will be funded. [4071/16]
Amharc ar fhreagraFollowing from the Social Housing Strategy 2020, which was approved by Government and published in November 2014, a wide variety of developers, investors, financiers, Approved Housing Bodies and others expressed an interest in being involved in the provision or financing of social housing across the country.
In response, I established the Social Housing Investment Proposals Clearing House Group in March 2015 to examine and consider proposals and to meet with the companies, groups and institutions involved. The Clearing House Group comprised representatives from my Department, the Department of Finance, the Department of Public Expenditure and Reform, the Housing Agency and the National Economic and Social Council. The Chairperson was assigned by the National Asset Management Agency on a temporary basis at the request of my Department.
During the course of its work, the Clearing House Group received 25 proposals for funding social and affordable housing, using both existing mechanisms and new approaches. The Group reported to me in November 2015, and arising from its work a number of measures are being developed with a view to better facilitating private investment into social housing.
The Social Housing Current Expenditure Programme operated through my Department currently provides a means whereby properties can be built or bought by Approved Housing Bodies (AHBs) with the use of private funding and leased through AHB’s and Local Authorities, for the provision of social housing. This scheme is underpinned by a lease and other legal agreements which provide that rental payments are made by the State over an agreed long-term time period, typically 20 years, in return for which the housing unit is made available for social housing. Changes are now being proposed to this scheme to provide revised arrangements which serve to expand these mechanisms to facilitate larger institutional private investors to come into the social housing market.
The National Development Finance Agency is acting as financial advisor in respect of this work. The new arrangements arising from this process will also require to be tested to ensure that there is no negative impact arising from how they are viewed and treated in respect of the State’s General Government Balance.
519. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government how many of the 5,680 housing assistance payment recipients were transferred from rent supplement. [4118/16]
Amharc ar fhreagra528. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the number of recipients under the housing assistance payment pilot scheme in 2015 to date; of these who were in receipt of rent supplement and the number who were not in receipt of rent supplement. [4239/16]
Amharc ar fhreagraI propose to take Questions Nos. 519 and 528 together.
The report Social Housing Output in 2015 contains details on the progress made under each of the social housing programmes last year and is available on my Department’s website at:
http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,44105,en.htm.
At 31 December 2015, a total of 6,165 house holds had been supported by the Housing Assistance Payment (HAP) since its commencement in September 2014, 5,680 of which commenced in 2015. 36% (2,044) of these households transferred from Rent Supplement.
At 1 February 2016, 660 additional households have been supported since the start of the year, with 36% (237) of those households transferring from Rent Supplement.
520. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the amount collected from motor tax, by local authority, in each year since 2012. [4119/16]
Amharc ar fhreagraGross motor tax receipts collected by each licensing authority (including online receipts) in 2012 through to 2014 were included in the reply to Question No. 495 of 17 February 2015. Equivalent receipts for 2015 are set out in the table.
2015
|
Licensing Authority |
(€) |
|
Carlow |
16,371,852 |
|
Cavan |
18,181,639 |
|
Clare |
29,758,884 |
|
Cork |
133,979,104 |
|
Donegal |
36,071,110 |
|
Dublin City |
280,605,054 |
|
Galway |
62,680,012 |
|
Kerry |
37,856,998 |
|
Kildare |
53,837,465 |
|
Kilkenny |
24,397,734 |
|
Laois |
19,025,783 |
|
Leitrim |
7,931,907 |
|
Limerick City and County |
47,829,811 |
|
Longford |
9,889,035 |
|
Louth |
26,999,005 |
|
Mayo |
33,242,996 |
|
Meath |
47,347,406 |
|
Monaghan |
16,608,313 |
|
Offaly |
18,402,820 |
|
Roscommon |
17,106,342 |
|
Sligo |
15,913,348 |
|
Tipperary |
43,150,129 |
|
Waterford City and County |
28,343,675 |
|
Westmeath |
21,563,223 |
|
Wexford |
40,437,321 |
|
Wicklow |
36,820,840 |
|
Total |
1,124,351,806 |
521. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the number of vacant social housing units returned to productive use, and the funding provided, by local authority, in 2014 and in 2015. [4141/16]
Amharc ar fhreagraMy Department introduced a new target-driven and cost effective Voids Retrofitting Programme in 2014 and 2,300 voids units were returned to productive use in that first year, with a further 2,700 units in 2015. The key objective of this programme is to return targeted vacant stock to a lettable, energy efficient condition at a reasonable cost. This funding programme is additional to the routine turnaround of vacant social housing stock carried out by local authorities under their ongoing maintenance programmes from their own resources. The funding provided by my Department since the programme commenced in 2014 and the number of units returned to use, broken down by local authority, are set out in the following table.
|
- |
Local Authority |
Units returned 2014 |
Funding 2014 |
Units Returned 2015 |
Funding 2015 |
|
1 |
Carlow |
42 |
€325,111 |
28 |
€300,650 |
|
2 |
Cavan |
23 |
€349,137 |
28 |
€307,018 |
|
3 |
Clare |
65 |
€995,829 |
96 |
€1,472,533 |
|
4 |
Cork City |
212 |
€2,872,027 |
281 |
€4,522,819 |
|
5 |
Cork County |
155 |
€1,539,364 |
199 |
€2,091,578 |
|
6 |
Dún Laoghaire-Rathdown |
5 |
€89,896 |
24 |
€262,768 |
|
7 |
Donegal |
167 |
€919,797 |
146 |
€1,003,576 |
|
8 |
Dublin City |
467 |
€6,163,464 |
787 |
€10,858,088 |
|
9 |
Fingal |
165 |
€1,938,780 |
139 |
€1,624,632 |
|
- |
- |
- |
- |
- |
- |
|
10 |
Galway City |
24 |
€474,050 |
25 |
€222,025 |
|
11 |
Galway County |
76 |
€958,263 |
59 |
€705,347 |
|
12 |
Kerry |
79 |
€718,938 |
103 |
€884,736 |
|
13 |
Kildare |
49 |
€503,463 |
20 |
€359,808 |
|
14 |
Kilkenny |
25 |
€484,430 |
23 |
€381,639 |
|
15 |
Laois |
43 |
€257,013 |
12 |
€61,228 |
|
16 |
Leitrim |
15 |
€229,072 |
9 |
€177,474 |
|
17 |
Limerick |
98 |
€915,969 |
52 |
€500,689 |
|
18 |
Longford |
16 |
€313,250 |
22 |
€426,535 |
|
19 |
Louth |
18 |
€113,620 |
21 |
€292,279 |
|
20 |
Mayo |
80 |
€464,508 |
86 |
€878,600 |
|
21 |
Meath |
59 |
€1,037,501 |
54 |
€855,565 |
|
22 |
Monaghan |
21 |
€92,751 |
13 |
€100,502 |
|
23 |
Offaly |
35 |
€514,000 |
55 |
€551,532 |
|
24 |
Roscommon |
34 |
€224,028 |
36 |
€258,773 |
|
25 |
Sligo |
29 |
€311,648 |
39 |
€439,924 |
|
26 |
South Dublin |
92 |
€627,408 |
27 |
€216,838 |
|
27 |
Tipperary |
86 |
€935,801 |
115 |
€1,299,180 |
|
28 |
Waterford |
42 |
€605,428 |
56 |
€488,724 |
|
29 |
Westmeath |
56 |
€396,518 |
74 |
€650,813 |
|
30 |
Wexford |
20 |
€316,307 |
24 |
€294,811 |
|
31 |
Wicklow |
35 |
€650,204 |
43 |
€857,499 |
|
- |
TOTAL |
2333 |
€26,337,575 |
2696 |
€33,348,183 |
523. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will address a matter (details supplied) regarding housing schemes; and if he will make a statement on the matter. [4174/16]
Amharc ar fhreagraThe new incremental tenant purchase scheme for existing local authority houses came into operation on 1 January 2016 in accordance with the provisions of the Housing (Miscellaneous Provisions) Act 2014 and the Housing (Sale of Local Authority Houses) Regulations 2015.
The scheme is open to tenants, including joint tenants, of local authority houses that are available for sale under the scheme, and who have been in receipt of social housing support for a minimum period of one year and who have a minimum reckonable income of €15,000 per annum. There is no target set for the number for the sales of local authority houses under this scheme.
It is now a matter for each housing authority to administer the new scheme in its operational area in line with the provisions of the aforementioned legislation. In this regard, information in respect of tenant incremental purchase in the Dublin City Council area will be available from the Council.
To date, the Housing Assistance Payment (HAP) scheme has been introduced incrementally on a pilot basis to 19 local authority areas, with over 6,900 households being supported by the scheme across those local authority areas. Dublin City Council is also implementing a HAP pilot scheme for homeless households in the Dublin region on behalf of all four Dublin local authorities. The Social Housing Strategy 2020 sets a target for an additional 10,000 households to be supported by HAP by the end of 2016.
524. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the number of the 13,000 social housing units provided in 2015 under the housing assistance payment scheme, the rental accommodation scheme and the social inclusion and community activation programme, by scheme and by local authority, in tabular form. [4235/16]
Amharc ar fhreagraThe report Social Housing Output in 2015 contains details on the progress made under each of the social housing programmes last year and is available on my Department’s website at: http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,44105,en.htm.
To the end of November 2015, a total of 1,084 units were delivered under the Social Housing Current Expenditure Programme (SHCEP). While the total number of units delivered to end 2015 is yet to be finalised, I estimate that the final figures will be in the region of 1,450 units.
The number of households transferred from rent supplement to the Rental Accommodation Scheme (RAS) from January to end November 2015 was 1,644 households. My Department estimates that when the December 2015 figures are finalised around 1,823 households will have transferred to RAS in 2015.
The Housing Assistance Payment is being introduced incrementally on a pilot basis to local authority areas. A total of 5,680 households commenced HAP in 2015, in addition to the 485 households accommodated through the Scheme during the early stages of the pilot in 2014. A detailed breakdown on a local authority basis is set out in the following tables.
Table - Units delivered under the Rental Accommodation Scheme (RAS) and Social Housing Current Expenditure Programme (SHC EP) to end November 2015
|
- |
RAS |
SHCEP |
|
Local Authority |
Units d eliver ed to end of November 2015 |
Unit d eliver ed to end November 2015 |
|
Carlow CC |
40 |
5 |
|
Cavan CC |
63 |
2 |
|
Clare CC |
41 |
42 |
|
Cork City Cl. |
86 |
25 |
|
Cork CC |
22 |
86 |
|
Donegal CC |
38 |
37 |
|
Dublin City Cl. |
99 |
211 |
|
Dublin South CC |
165 |
125 |
|
Dún Laoghaire-Rathdown CC |
16 |
10 |
|
Fingal CC |
71 |
41 |
|
Galway City Cl. |
15 |
38 |
|
Galway Co. Cl. |
71 |
41 |
|
Kerry CC |
131 |
41 |
|
Kildare CC |
112 |
26 |
|
Kilkenny CC |
84 |
23 |
|
Laois CC |
4 |
11 |
|
Leitrim CC |
19 |
1 |
|
Limerick Ct & Co. |
17 |
0 |
|
Longford CC |
60 |
29 |
|
Louth CC |
2 |
28 |
|
Mayo CC |
35 |
26 |
|
Meath CC |
42 |
51 |
|
Monaghan CC |
0 |
0 |
|
Offaly CC |
5 |
51 |
|
Roscommon CC |
61 |
0 |
|
Sligo CC |
53 |
2 |
|
Tipperary |
86 |
31 |
|
Waterford City & Co. |
11 |
14 |
|
Westmeath CC |
119 |
34 |
|
Wexford CC |
29 |
48 |
|
Wicklow CC |
47 |
5 |
|
- |
1,644 |
1,084 |
Table - Number of households that commenced the HAP scheme in 2015
|
Local Authority |
Commencement Date of HAP Scheme |
Number of households that commenced HAP in 2015 |
|
Carlow CC |
29/06/2015 |
106 |
|
Clare CC |
29/06/2015 |
246 |
|
Cork City Co |
29/06/2015 |
114 |
|
Cork CC |
15/09/2014 |
887 |
|
Donegal CC |
25/05/2015 |
499 |
|
Dublin City Co* |
18/12/2014 |
52 |
|
Dún Laoghaire- Rathdown CC* |
18/12/2014 |
1 |
|
Fingal CC* |
18/12/2014 |
7 |
|
Galway CC |
16/11/2015 |
7 |
|
Kildare CC |
02/11/2015 |
32 |
|
Kilkenny CC |
01/10/2014 |
466 |
|
Limerick City & Co |
15/09/2014 |
910 |
|
Louth CC |
01/10/2014 |
637 |
|
Mayo CC |
16/11/2015 |
18 |
|
Monaghan CC |
01/10/2014 |
182 |
|
Meath CC |
02/11/2015 |
14 |
|
Offaly CC |
15/06/2015 |
98 |
|
South Dublin CC** |
01/10/2014 |
558 |
|
Tipperary CC |
29/06/2015 |
194 |
|
Sligo CC |
16/11/2015 |
9 |
|
Waterford City & Co |
15/09/2015 |
643 |
|
Total |
|
5,680 |
* Dublin City Council is operating HAP Homeless pilot on behalf of the four Dublin local authorities.
** Includes some households supported through the HAP Homeless pilot.
