Written Answers Nos. 460-480
460. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government the changes being considered in respect of shared ownership loans; the timeframe involved; if there is retrospective issues being considered; and if he will make a statement on the matter. [41027/16]
Amharc ar fhreagraMy Department, together with the Housing Agency, the Housing Finance Agency and local authorities, has considered the affordability issues facing some borrowers who purchased properties under the Shared Ownership (SO) schemes and devised a more affordable long-term path towards full home ownership. A range of measures have already been taken to reduce the monthly repayments of these borrowers.
The Index Linked Shared Ownership Scheme, which operated from 1999 until 2002, has been revised with regard to the annual indexation of the rental equity balance and rental payments. The amendments, which came into effect on 1 July 2015, reduce the monthly cost for these borrowers and avoid existing rental equity balances increasing for the remaining term. My Department has issued directions to local authorities outlining the measures and I understand that these changes are being applied to individual loan accounts.
In addition, the variable mortgage interest rate charged to local authority borrowers was reduced to 2.3% with effect from 1 July 201 6, which has helped many Shared Ownership borrowers.
An innovative Shared Ownership Restructuring Option has been available to Shared Ownership borrowers since 1 April 2016. This new restructuring option involves rolling-up all outstanding debt into a single annuity loan – i.e. the new restructured loan principal will comprise any outstanding annuity loan balance, rental equity balance, plus any arrears – with an all-sums-owing mortgage charge applying to the property. The term of the annuity loan will be determined by the amount of the monthly repayment deemed to be affordable and sustainable for each SO borrower. This restructuring option allows the borrower to have a regularised, restructured repayment solution which is more easily understood.
This arrangement may be of particular benefit to those SO borrowers who are nearing the end of their annuity term but who have not made sufficient provision for the repayment of their Rental Equity balance. The feasibility of this new option for each SO borrower will be determined by their local authority, and may not be appropriate in all cases. For example, in some instances, continuing with the current SO arrangement may be the best option for both the SO borrower and the local authority, or in other cases where the outstanding debt may not be sustainable for the borrower in the long-term, the Local Authority Mortgage to Rent (LAMTR) option might ultimately be the appropriate solution. Detailed guidance, training and direction have been provided by my Department and the Housing Agency to local authorities regarding the implementation of the measure and my Department is continuing to monitor the impact of the new measure for borrowers.
Local authority borrowers are encouraged to engage with their local authority at the earliest opportunity if they are having difficulty making the repayments on their Shared Ownership arrangement. Information in relation to local authority mortgage arrears, the local authority mortgage arrears resolution process (MARP) and the help available to borrowers is also available on my Department's website at the following link:
http://www.housing.gov.ie/housing/home-ownership/mortgage-arrears/local-authority-mortgage-arrears-help-available
461. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Planning, Community and Local Government his views on comments in the ninth report of the Special Rapporteur for Children that the State is failing to deliver on the right of children to adequate housing and protection against forced evictions and that consequently it is in breach of its international obligations due to the numbers of children in emergency accommodation. [40305/16]
Amharc ar fhreagraI am aware of the Ninth Report of the Special Rapporteur on Child Protection submitted to the Oireachtas on November 18th 2016.
In relation to housing, the Special Rapporteur refers to the work of the UN Committee on Economic, Social and Cultural Rights which reviewed Ireland's compliance with the International Covenant on Economic, Social and Cultural Rights during 2015. In their report, the UN Committee expressed concern at the housing situation in Ireland, and noted in particular the limited supply of social housing and the level of homelessness amongst families and children. The Committee went on to urge Ireland to adopt policies to tackle these problems.
It is important to note that the report in question reflected the position at the end of 2015. Since the UN Committee's observations were made, the Government has published the Rebuilding Ireland Action Plan for Housing and Homelessness. Under that Action Plan, launched in July 2016, urgent action is being taken to deal with the challenges that currently exist in the housing sector and which were referred to by the UN Committee. The Plan sets out a clear roadmap to achieve the Government's goals to significantly increase and expedite the delivery of social housing, boost private housing construction, improve the rental market, and deliver on the commitment to see housing supply, in overall terms, more than double to some 25,000 new homes every year by 2020.
The Action Plan has a particular focus on meeting the housing needs of the most vulnerable members of Irish society. It is recognised that accommodating family units in hotels is inappropriate for anything other than a short period of time and a very clear target has been set to ensure that by mid-2017, hotels are used only in very limited circumstances for emergency accommodation for families. With regard to social housing, 47,000 new social housing units will be provided by 2021 under the Action Plan, at a cost of €5.35 billion.
With reference to evictions, I believe that there are now robust legal protections in place across all tenure types to ensure that families are not removed from their homes without access to appropriate redress. Security of tenure in the social housing sector is well protected by the provisions of the Housing Acts 1966 to 2014. Social housing tenancies are lifetime in nature and evictions can only take place in very limited and prescribed circumstances. Social tenants have a right under legislation to appeal any decisions made to evict. However, I know that local authorities are committed to working with their tenants to resolve their housing problems with evictions seen very much as a last resort.
In relation to the private rented sector, key concerns for households relate to rent uncertainty and associated security of tenure concerns. The Residential Tenancies Act 2004 introduced a right to a four year tenancy (recently increased to 6 years), with limited grounds for a termination where a tenant has been in occupation for six months continuously and no notice to quit has been served. Amendments introduced in the Residential Tenancies (Amendment) Act 2015 strengthen the protections around tenancy terminations by providing for measures that will guard against, for example, landlords falsely declaring that the property is needed for a family member, or that it is going to be sold. In addition, the Act provides for graduated increases in the notice periods that must be given to tenants of the termination of a tenancy so that a landlord must now give a tenant up to a maximum of 224 days' notice for tenancies of 8 years or more. The Act also provides, inter alia, that the minimum period between rent reviews for tenancies is increased from 12 to 24 months. In addition, the Act increased the minimum period of notice of new rent from 28 days to 90 days.
The Strategy for the Rental Sector, which I published in December 2016, is building on this work by introducing a Rent Predictability Measure, to cap rent increases at 4% per year in designated Rent Pressure Zones (RPZs). RPZs have now been given a statutory basis via the Planning and Development (Housing) and Residential Tenancies Act 2016. The measure was introduced with immediate effect in the four Dublin local authority areas and in Cork city. RPZs are to be designated for a maximum period of three years by which time it is anticipated that new supply will have come on stream and pressures will have eased somewhat in the areas concerned.
462. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government the status of proposals to increase the powers of local authorities to collect commercial rates; and if he will make a statement on the matter. [41103/16]
Amharc ar fhreagraLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation pursuant to the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority.
Commercial rates form an important element of the funding of all local authorities. However, the legislative basis for the levying of rates is spread over a number of enactments, some dating back to the 19th century. I have asked my Department to develop proposals for the preparation of a consolidated Rates Bill to modernise and consolidate the legislation in this area. I hope to bring proposals in this area to Government shortly.
463. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government the amount of unpaid commercial rates for each local authority for 2015 in tabular form; and if he will make a statement on the matter. [41104/16]
Amharc ar fhreagraLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority.
Rates income data are published by local authorities in their Annual Financial Statements, which are published as a matter of course on local authority websites. The Annual Financial Statements for 2015 are currently being finalised. Data prepared by the local authority sector for the Debt Management Implementation Project Final Report, published by the Minister for Public Expenditure and Reform in October 2016, show that the aggregate collection of commercial rates for all local authorities in 2015 amounted to €1.345 billion, which was 80% of the total amount charged by local authorities in that year (including arrears brought forward). A copy of this report is available at the link: www.per.gov.ie/wp-content/uploads/Debt-Management-Report-18102016-2.pdf
A breakdown by local authority of the collection levels is not available in my Department.
464. Deputy Jackie Cahill asked the Minister for Housing, Planning, Community and Local Government the exceptional circumstances provided for in legislation which would allow persons (details supplied) to be included on the housing list of Tipperary County Council if they did not meet the standard criteria; and if he will make a statement on the matter. [41243/16]
Amharc ar fhreagraApplications for social housing support are assessed by the relevant housing authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations. In order to qualify for social housing support and be placed on a housing list, an applicant must be assessed by the authority concerned as meeting all of the eligibility and need criteria set down in the legislation. Where a household is deemed by a housing authority to meet all of the eligibility criteria, which primarily relate to income and alternative accommodation, the authority may determine that the household has a housing need, and thus qualifies for support, on the basis of particular household circumstances or exceptional medical or compassionate grounds.
Decisions on the qualification of specific persons for social housing support and the allocation of that support are a matter solely for the housing authority concerned. Section 6 of the Housing (Miscellaneous Provisions) Act 2009 specifically provides that the Minister's power to issue policy directions and guidelines to housing authorities in relation to housing functions is not to be construed as enabling him or her to exercise any power or control in relation to any individual case with which a housing authority is or may be concerned.
465. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government the status of an application for a foreshore licence by a club (detail supplied); and if he will make a statement on the matter. [41278/16]
Amharc ar fhreagraThis is a case of an unauthorised development which is the subject of court proceedings. It would not be appropriate for me to comment further at this stage.
466. Deputy Peadar Tóibín asked the Minister for Housing, Planning, Community and Local Government the status of those persons that have successfully applied for mortgage to rent but have not managed to find a purchaser for their house. [41279/16]
Amharc ar fhreagraUp to 31 December 2016, a total of 3,575 cases have been submitted under the Mortgage to Rent (MTR) Scheme, which was introduced in 2012 for borrowers of private commercial lending institutions. Of these, 2,723 were ineligible or terminated during the process, 217 have been completed with 635 being actively progressed. The reasons why a case has not progressed are varied and can depend on the lender, the property, the household and the ability of the Approved Housing Body sector to increase their involvement in the scheme.
Statistical information relating to the Mortgage to Rent Scheme since its inception, including statistics on cases that have been terminated and the reasons for same, is available on the Housing Agency's website at the following weblink: https://www.housingagency.ie/Our-Services/Housing-Supply-Services/Mortgage-to-Rent.aspx
A number of amendments were made to the MTR Scheme in July 2015 to enable more properties to qualify and to make the scheme more flexible and accessible to borrowers.
Notwithstanding the amendments already made, the Government is committed to supporting households in long-term mortgage arrears to remain in their homes and has included a review of the MTR Scheme as an action in Rebuilding Ireland: An Action Plan for Housing and Homelessness. The review, currently underway and due for completion shortly, is examining how the scheme can work better for borrowers.
Where a borrower's MTR application has not been successful there are a number of other options available in such circumstances. For those borrowers who are ineligible for the MTR scheme, but qualify for social housing support, they should engage as early as possible with their local authority regarding their housing needs if they feel they are in danger of losing their home. Where a borrower is deemed to qualify for social housing support, there are other housing support options available immediately from the local authority such as the Housing Assistance Payment (HAP).
The Government has established a new Mortgage Arrears Resolution Service, known as Abhaile, and operated by the Money Advice and Budgeting Service (MABS) in conjunction with the Insolvency Service of Ireland (ISI), the Legal Aid Board and the Citizens Information Board. The objective of the Abhaile Scheme is to ensure that a person who is at risk of losing their home due to their mortgage arrears can access independent expert financial and legal advice, which will help them to identify their best options for returning to solvency – with priority to their remaining in their home, where that is a sustainable option. The website www.keepingyourhome.ie contains comprehensive details of the supports available under the Scheme.
467. Deputy John Lahart asked the Minister for Housing, Planning, Community and Local Government the reasons for postponing the referendum on extending presidential voting rights to all Irish citizens; when he expects this referendum to take place; and if he will make a statement on the matter. [41305/16]
Amharc ar fhreagraThe Convention on the Constitution, in its Fifth Report, recommended that voting rights be extended in presidential elections to Irish citizens resident outside the State. The Government considered the Convention report in February 2015 and decided that it would be necessary to analyse the full range of legal, practical and policy issues arising before any decision could be made on the holding of a referendum on the matter. The estimated costs arising would also need to be fully analysed and considered. The Government asked the then Minister for the Environment, Community and Local Government, in co-operation with the Minister for Foreign Affairs and Trade and the Minister of State with responsibility for diaspora affairs, to analyse these issues and to report back to the Government in due course.
A range of complex and interrelated issues are being examined as part of the analysis being undertaken. For example, the potentially very high number of citizens outside the State is an important consideration. Questions arise as to whether voting rights should be extended to all citizens resident outside the State or to particular categories of citizens such as passport holders, those born in Ireland or those who have lived outside the State for a limited period. The registration of voters who are resident outside the State and the way in which they would be enabled to vote are other important matters that need to be considered. This work is ongoing in my Department with a view to its completion as soon as possible.
468. Deputy Colm Brophy asked the Minister for Housing, Planning, Community and Local Government if he will confirm that Part 8 of the Local Government Act 2001 has not been commenced; his plans for the commencement of same; and if he will identify the law governing the procedure for the alteration of a local authority boundary. [41316/16]
Amharc ar fhreagraPart 8 of the Local Government Act 2001 has not been commenced and was repealed by the Local Government Reform Act 2014. The legislation governing local authority boundary alterations is set out in Part V of the Local Government Act 1991.
469. Deputy Pearse Doherty asked the Minister for Housing, Planning, Community and Local Government the dates on which each of the returning officers assigned to the offshore islands first formally announced polling dates for their respective islands with respect to the General Election 2016, and the Local and European Elections 2014, in tabular form; and if he will make a statement on the matter. [41360/16]
Amharc ar fhreagraThe information requested is not available in my Department. Electoral law provides that it is a matter for the returning officer in the relevant constituency to give public notice of his or her decision to take the poll on an island in advance of the polling day appointed by the Minister.
470. Deputy Pat Buckley asked the Minister for Housing, Planning, Community and Local Government the amount Cork County Council was allotted for group housing in 2016; the amount that was drawn down by the council; if any has been returned; and if he will provide a breakdown of the projects in which the money was used, in tabular form. [41364/16]
Amharc ar fhreagraIt is not clear what specific projects the Deputy is referring to in the Question. However, in general, under my Department's Social Housing Capital Investment and Social Housing Current Expenditure Programmes, funding is provided to local authorities to deliver additional social housing stock through new construction projects and through the acquisition of new and previously owned houses/apartments.
Details on the number of properties constructed and purchased by all local authorities, including Cork County Council, for letting to those on their social housing waiting list, are available on my Department's website at the following link: http://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision.
In relation to the allocations and recoupment profiles for capital Traveller accommodation, projects can vary across local authorities given the local priorities, circumstances and project timelines as set out in the Traveller Accommodation Programmes (TAPs). Funding is recouped to local authorities on eligible expenditure incurred and, where it is likely that an allocation to a local authority may be unspent or under-spent, my Department engages with local authorities to re-allocate the funding in order to ensure that drawdown is maximised. In 2016, Cork County Council was allocated €30,000, which was not drawn down before the year end and so this money was re-allocated.
471. Deputy Thomas Byrne asked the Minister for Housing, Planning, Community and Local Government the expected timeframe for the introduction of the repair and lease scheme in County Meath as outlined in budget 2017; and if he will make a statement on the matter. [41371/16]
Amharc ar fhreagra496. Deputy Fergus O'Dowd asked the Minister for Housing, Planning, Community and Local Government when plans to roll out the repair and lease scheme will be available to local authorities in counties Dublin, Meath and Louth; and if he will make a statement on the matter. [1181/17]
Amharc ar fhreagra524. Deputy Brendan Griffin asked the Minister for Housing, Planning, Community and Local Government further to this Deputy's submission of the rental renovation scheme proposal to his Department in 2015, the position regarding the rolling out of a scheme to assist owners of houses that are currently unfit for habitation to upgrade the houses to make them available for social housing purposes; if he will provide a timeline for the scheme; and if he will make a statement on the matter. [1700/17]
Amharc ar fhreagraI propose to take Questions Nos. 471, 496 and 524 together.
The Repair and Leasing Scheme (RLS) has been developed to assist private property owners and local authorities or Approved Housing Bodies (AHBs) to harness the accommodation potential that exists in certain vacant properties across Ireland. The scheme was launched in Waterford and Carlow in early October 2016, on a pilot basis, and it is my intention that the scheme will be available nationally by April 2017.
The scheme is targeted at owners of vacant properties who cannot afford or access the funding needed to bring their properties up to the required standard for rental property. Subject to the suitability of the property for social housing, and the agreement of the property owner, the cost of the necessary repairs will be met upfront by the local authority or an Approved Housing Body (AHB). This allows for the property owner to sign-up to a lease arrangement for a length that is linked to the value of the repairs, subject to a minimum of 10 years. The value of the repairs will then be offset incrementally against the agreed rental payment over a defined period within the lease.
A property owner can either choose to arrange for a contractor to carry out the repairs themselves, or the local authority or AHB can arrange this instead. Property owners will not be required to take on landlord responsibilities and the local authority or AHB will have on-going management and maintenance responsibilities in respect of the properties.
A scheme of this nature will require both significant capital and current exchequer investment expenditure over the next 5 years and therefore must be properly analysed and assessed to ensure the best use of public money. The purpose of the pilot is to ensure that the scheme is appropriately modelled from a financial perspective but also, and critically, that it is workable from local authorities' and AHBs' perspectives and delivers high quality social housing effectively.
My Department and the Housing Agency, who are assisting with implementation of the scheme, are in regular contact with the two pilot local authorities and I understand that the pilot is progressing well at a local level. In parallel, my Department is also in contact with other local authorities to assist them with necessary preparations for the rollout of the scheme.
Several AHBs are working together with the Waterford and Carlow local authorities to manage the scheme in those particular areas and, as the scheme becomes available nationally, I expect that more AHBs will become involved in its roll out. AHBs have a proven record in managing the refurbishment of properties and their experience puts them in an excellent position to play a key role in the success of the scheme.
Waterford and Carlow have been advertising the scheme with local media and have made good progress in engagements with property owners. I understand that they have also been actively targeting properties that they are aware have been vacant for more than a year and would be suitable for social housing within city and town centres. Equally, Carlow County Council has indicated that many property owners expressing an interest have properties outside of town centres. Inspections of potential units have also commenced in both authorities. Some of the properties that are being put forward have not been suitable for social housing. In other instances, property owners have opted to explore selling the property to the local authority instead. The availability of the complementary Buy and Renew scheme, which I also launched in October, means that local authorities and AHBs, will have a range of funding mechanisms available to them to harness the social housing opportunity these vacant properties present.
Over the period 2016 to 2021, it is anticipated that up to 3,500 units will be secured for social housing under this scheme and I have committed to making €140m available over that period. While the current target for 2017 is 150 units, the interest expressed by property owners and stakeholders so far indicates that the 2017 target will be achieved and may even be exceeded following national rollout. Depending on the capacity of local authorities and AHBs to deliver under the scheme, as well as the necessary agreement on the financial considerations arising, I would certainly be supportive of the acceleration of delivery under the new scheme.
I would encourage any local a authorities that are eager to engage early with the scheme to liaise with the pilot local authorities and my Department, in order to be familiar with the requirements around participation and also the practical implementation issues that are being worked through with the pilot scheme.
472. Deputy Seán Haughey asked the Minister for Housing, Planning, Community and Local Government if he will introduce additional legislation to deal with the problem of noise from barking dogs in residential areas; and if he will make a statement on the matter. [41372/16]
Amharc ar fhreagraUnder the provisions of section 25 of the Control of Dogs Act 1986, the District Court may act on a complaint by any person where a nuisance has been created by excessive barking by a dog. A copy of the form used for complaints to the Courts regarding barking is available from local authorities. The Court may make an order, requiring the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog. The Court may also limit the number of dogs that can be kept on a premises or may direct that the dog be delivered to a dog warden to be dealt with as an unwanted dog. While complaints in relation to barking dogs are largely dealt with under the provisions of the Control of Dogs Acts, the position in relation to noise nuisance generally is that a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation.
A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available from the Department of Communications, Climate Action and Environment or on my Department's website at
http://www.housing.gov.ie/sites/default/files/attachments/pdf_version_of_guide_to_the_noise_regulations_2015_0.pdf
I am satisfied that current legislation provides a robust regulatory framework for dealing with noise from barking dogs and I have no plans to amend the Control of Dogs Acts in respect of this matter.
473. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government if his Department will request Dublin City Council (DCC) and Fingal County Council (FCC) to report on audits of community, educational, health, childcare, recreational facilities and district commercial facilities in the north fringe and south fringe area of DCC and FCC under the Planning and Development Act 2000; and if he will make a statement on the matter. [41422/16]
Amharc ar fhreagraMy Department has no function in relation to requesting a report of audits of the type described by the Deputy and which furthermore are not specifically required by the provisions of the Planning and Development Act 2000 (as amended). As the Deputy will be aware, the provisions of the Act, both in relation to the preparation of statutory development plans and local area plans, oblige planning authorities to take all relevant and appropriate steps in seeking out the views of the public and both physical and social infrastructure providers, in relation to the provision of that infrastructure.
In that context, the Deputy's request for such information should be made directly to the relevant local authorities, in this case Dublin City Council and Fingal County Council, which analyse both physical and social infrastructure provision and requirements as part of their statutory development plans and local area plans.
As Minister, I have no operational function in relation to the internal preparation of local authority development plans, apart from encouraging and supporting local authorities in achieving the general goal of securing sustainable communities and for which effective planning is essential.
474. Deputy Mick Wallace asked the Minister for Housing, Planning, Community and Local Government if his Department has examined the decision by An Bord Pleanála (details supplied); if he has an estimated time when the decision will be made; and his plans to provide statutory planning guidelines to ensure consistency of approach in this area. [41456/16]
Amharc ar fhreagraI understand the Deputy is referring to a recent determination by An Bord Pleanála in relation to a particular case (reference number RL3490) that the exclusive use of a residential apartment for short-term holiday lettings is considered to be development under the Planning and Development Act 2000, as amended, and is not exempted development. The effect of the Board's determination is that planning permission for a material change of use of the apartment concerned is required.
My Department has, by way of Circular letter PL12/2016 of 22 December 2016, brought this determination to the attention of all planning authorities to ensure that they are aware of:
- the grounds on which the Board reached its decision,
- the planning implications in terms of the requirement for such commercial use of residential units to be the subject of an application for planning permission, and
- the importance of a proactive approach to planning enforcement generally in this regard.
A copy of the Circular letter is available on my Department's website at the following link: http://www.housing.gov.ie/sites/default/files/publications/files/pl_12-16_aph_6-16_recent_an_bord_pleanala_decision_on_short_term_lettings.pdf.
The implications of this case have raised a number of regulatory and other related issues, such as tax liability, residential tenancy regulation, support for tourism, and planning. With a view to providing full clarity regarding the appropriate regulatory approach to be adopted by relevant statutory authorities in relation to short-term tourism-related lettings, and as provided for in the recently published Strategy for the Rental Sector under Rebuilding Ireland: Action Plan for Housing and Homelessness, my Department intends to establish a working group, comprising representatives of relevant stakeholders including local authorities, relevant Departments, public bodies and other interests in the area, to consider the disparate issues involved and report by the Summer.
475. Deputy Mick Wallace asked the Minister for Housing, Planning, Community and Local Government if he will consider the necessity for fire safety certificates for a company's properties (details supplied). [41457/16]
Amharc ar fhreagraThe statutory requirements in relation to Fire Safety Certificates are set out in the Building Control Act 1990, as amended by Part 2 of the Building Control Act 2007, and in regulations made thereunder. A Fire Safety Certificate is generally required before construction work is commenced in the case of a new apartment block, a new building other than a dwelling or an existing building other than a dwelling undergoing an extension, a material alteration or a material change of use. A building used as a dwelling other than a flat is, inter alia, exempted from the requirement to obtain a Fire Safety Certificate.
In the specific case referred to by the Deputy, it is important to note that the properties in question are privately owned dwellings rented on a short term basis via a commercial website platform. They are not owned by the company.
Furthermore in the recent determination by An Bord Pleanála in relation to a particular case (reference number RL3490) – where it was found that the exclusive use of a residential apartment for short term holiday lettings is considered to be development under the Planning and Development Act 2000 and is not exempted development therefore requiring planning permission for a material change of use - the Bord made its determination pursuant to the Planning and Development Act 2000 and did not consider the Building Control Acts which govern the statutory requirements in relation to Fire Safety Certificates.
However, with a view to providing full clarity regarding the appropriate regulatory approach to be adopted by relevant statutory authorities in relation to short term tourism-related lettings, and as provided for in the recently published Rental Strategy under the Rebuilding Ireland Action Plan, my Department intends to establish a working group comprising representatives of relevant stakeholders i.e. local authorities, relevant Departments, public bodies and other interests in the area, to consider the issues involved and report by end Q2 2017.
476. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Planning, Community and Local Government if Irish Water has agreed a contract with a company (details supplied) for debt collection and or meter reads, meter checks and predisconnection visits; and if he will make a statement on the matter. [41520/16]
Amharc ar fhreagra477. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Planning, Community and Local Government if Irish Water has agreed a contract with any companies regarding debt collection and or meter reads, meter checks, and predisconnection visits; and if he will make a statement on the matter. [41521/16]
Amharc ar fhreagraI propose to take Questions Nos. 476 and 477 together.
Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. Contracts entered into by Irish Water are a matter for the utility and one in which I have no function.
Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email at oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.
478. Deputy Ruth Coppinger asked the Minister for Housing, Planning, Community and Local Government if he will introduce legislative changes to prevent landlords from implementing additional charges to tenants such as registration fees, car parking charges, call out fees and key hand-over fees; and if he will make a statement on the matter. [41628/16]
Amharc ar fhreagraOn 13 December 2016, the Government approved the publication of a Strategy for the Rental Sector, which delivers on a commitment made under Rebuilding Ireland. The strategy is structured around 4 key areas: security, standards, supply and services. The overarching objective of the strategy is to increase security and supply and support the development of a stable, strong and viable rental sector offering choice for households, investment opportunities for providers and reflecting the rights and responsibilities of both tenants and landlords.
In the context of delivering on the Strategy, the effects of the implementation of the various actions it contains will be kept under review and consideration will be given to the introduction of any further legislative amendments that might be necessary.
479. Deputy David Cullinane asked the Minister for Housing, Planning, Community and Local Government if it is his Department's policy for letters requesting a place on a local authority housing list to be submitted in English only; if the local authority will accept a letter in an applicant's native language to be translated by the local authority afterwards where the application comes from a non-national for whom English is not a first language; if it is the case that local authorities will accept letters in English only; if his attention has been drawn to the costs of translation that in effect act as an application charge; his views on whether the cost of translating a letter for a local authority before an application is accepted is in breach of the Equal Status Act; and if he will make a statement on the matter. [41639/16]
Amharc ar fhreagraThe prescribed application form for social housing support is available from housing authorities in Irish and English, and in accordance with the Official Languages Act 2003, housing authorities are required to ensure the provision of services through Irish.
The issue of communicating with applicants whose first language is not English, or Irish, is a matter for individual housing authorities in the context of the commitments set out under their respective customer service charters. I understand that authorities endeavour to provide services through languages other than Irish and English where possible.
The Equal Status Acts 2000-2015 prohibit discrimination in the provision of goods and services by a public body on any of the following ten grounds: gender; civil status; family status, sexual orientation; religion; age; disability, race; membership of the Traveller community and housing assistance. It is open to any member of the public to make a complaint to the Workplace Relations Commission if they feel that a breach of the Acts has occurred.
480. Deputy John Brady asked the Minister for Housing, Planning, Community and Local Government the reason persons (details supplied) are not allowed to purchase their home from the county council when they have the funds to do so, separate from their sole income of social welfare; and if he will make a statement on the matter. [41647/16]
Amharc ar fhreagraThe Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.
The minimum reckonable income for eligibility under the scheme is determined by the relevant housing authority in accordance with the detailed provisions of the Ministerial Direction issued under Sections 24(3) and (4) of the 2014 Act. In the determination of the minimum reckonable income, housing authorities can include income from a number of different sources and classes, such as from employment, private pensions, maintenance payments and certain social welfare payments, including pensions, where the social welfare payment is secondary to employment income.
In order to ensure the sustainability of the scheme, it is essential that an applicant's income is of a long-term and sustainable nature. This is necessary to ensure that the tenant purchasing the house is in a financial position, as the owner, to maintain and insure the property for the duration of the charged period, in compliance with the conditions of the order transferring the ownership of, and responsibility for, the house from the local authority to the tenant.
Decisions on the qualification of specific persons for social housing schemes such as the Tenant (Incremental) Purchase Scheme 2016 are a matter solely for the housing authority concerned. Section 6 of the Housing (Miscellaneous Provisions) Act 2009 specifically provides that the Minister's power to issue policy directions and guidelines to housing authorities in relation to housing functions is not to be construed as enabling him or her to exercise any power or control in relation to any individual case with which a housing authority is or may be concerned.
In line with the commitment given in Rebuilding Ireland - Action Plan for Housing and Homelessness, a review of the first 12 months of the scheme's operation is currently being undertaken by my Department. Details of how to participate in the public consultation process which will inform this review can be found at the link below: http://www.housing.gov.ie/housing/social-housing/tenant-purchase-scheme/public-consultation-review-tenant-incremental-purchase.
