Written Answers Nos. 596-612
596. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the value of derelict sites levies waived by local authorities in 2019, broken down by local authority in tabular form. [39165/21]
Amharc ar fhreagra597. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if local authorities can waive the derelict sites levy if a property was sold. [39166/21]
Amharc ar fhreagraI propose to take Questions Nos. 596 and 597 together.
Where monies are owed under the derelict site levy, they become a charge on the land concerned under section 24 of the Derelict Sites Act 1990 (the Act) until they are paid. Where the ownership of the land on which the levy is due is transferred, such as on foot of being sold, the local authority must be notified under section 29 of the Act. When a local authority is notified by any person of a transfer of land or an interest in land, it shall cause the appropriate entry in the register to be amended. The levy remains a charge on the land until it is paid and is payable by the registered owner.
The only circumstances under the Act where the derelict sites levy may be waived is on hardship grounds. In this connection, section 26 of the Act provides that:
'Where, in the opinion of a local authority, payment of the derelict sites levy or of interest payable under this Act at a particular time by a particular person would cause undue hardship to the person, the local authority may, by notice in writing sent by post or given to the person, suspend action or further action under this Part to secure payment of the whole or part of the amount of the levy due for such period as may be specified in the notice...'.
In line with the foregoing provision, the waiving of the derelict sites levy under section 26 of the Act is at the discretion of the local authority concerned and the Department does not have information on value of any waivers applied.
Section 23(6) of the Act further provides that a local authority may allow for payment of any levies due by instalments.
598. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the plans to collate data on homeless deaths in Cork city. [39167/21]
Amharc ar fhreagraMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at the local level.
My Department publishes a detailed monthly report on homelessness, based on data provided by housing authorities. The Report outlines details of individuals utilising State-funded emergency accommodation arrangements that are overseen by housing authorities. The Reports are available on my Department's website at the following link: http://www.housing.gov.ie/housing/homelessness/other/homelessness-data
A feasibility study on data collection of homeless deaths nationally is currently being undertaken by the Health Research Board on behalf of the Department of Health. This is due to be completed by the end of 2021. The research is applying the methodology used to compile the National Drug Related Deaths Index, which is a census of drug-related deaths and deaths among drug users and those who are alcohol dependent in Ireland. The data collection for 2019 deaths, including deaths among people who were homeless, is reviewing approximately 17,000 files from all Coroner districts.
599. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if there is consideration of home extensions which significantly increase the value of the property in calculating the clawback in cases in which a person who purchased their home via the current incremental purchase scheme opts to sell the property before the 20 year clawback period. [39185/21]
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.
Part 3 Section 26 of the Housing (Miscellaneous Provisions) Act 2014 sets out that the relevant local authority will place a charge on the house sold under the scheme. This charge will be equal to the discount received the price of the house and will remain in place for 20, 25 or 30 years (depending on the discount given).
Part 3 Section 29 of the Housing (Miscellaneous Provisions) Act 2014 provides for the resale of a property. Where a purchaser proposes to sell a house during the charged period, he or she shall give prior written notice to the housing authority in accordance with the terms and conditions specified in the transfer order.
Where a purchaser resells a house to a person other than a housing authority during the charged period, the purchaser shall pay to the housing authority concerned the value of the outstanding charged share in the house on the date of resale of the house, which is calculated by applying that share to the relevant market value of the house. An allowance equal to the amount of the market value attributable to material improvements can also be applied.
Where a tenant purchase applicant disputes a housing authority’s market valuation of a house, the market value or relevant market value, as appropriate, shall be determined by an independent valuer nominated by the purchaser from a panel of valuers drawn up by the authority and with the qualifications set down in Regulation 16, with the purchaser meeting the cost of the valuation.
600. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the date on which sections 6 and 19 of the Residential Tenancies (No 2) Act 2021 was commenced; and if this is the date from which rent reviews within rent pressure zone are linked to the harmonised indices of consumer prices. [39219/21]
Amharc ar fhreagraThe Residential Tenancies (No. 2) Act 2021 was signed into law on 9 July 2021 and all sections, apart from section 6, came into operation on that date.
Following enactment, the Act was enrolled by the Supreme Court and published on the Irish Statute Book on 15 July 2021. Section 6, which relates to rent setting came into operation on 16 July 2021 on foot of the Residential Tenancies (No. 2) Act (Commencement Order) 2021, which I signed on 15 July 2021, the earliest legally permissable date.
Accordingly, any valid notice of rent review served on or after 16 July 2021 in relation to a tenancy of a dwelling in a Rent Pressure Zone cannot provide for a rent increase that exceeds any inflation, as recorded by the Harmonised Index of Consumer Prices, since the last rent setting. The imposition of any rent increase remains subject to any new rent set not exceeding the market rent for that tenancy. Comprehensive information is available on the Residential Tenancies Board’s website – www.rtb.ie.
601. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage the supports available for a person (details supplied) who has been on a waiting list for local authority housing for 17 years. [39249/21]
Amharc ar fhreagra602. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if there will be interdepartmental coordination between his Department and the Department of Justice in order to prevent a situation from reoccurring whereby a victim of domestic abuse has been allocated housing on the same street as their perpetrator (details supplied); and the Minister that takes responsibility to issue a directive or bureaucratic mechanism that would prevent this from occurring again in the future. [39250/21]
Amharc ar fhreagraI propose to take Questions Nos. 601 and 602 together.
Applications for social housing support are assessed by the relevant local 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 2011, as amended.
If a household meets the eligibility and need criteria, it qualifies for the suite of social housing supports, including HAP, and is placed on the housing list to be considered for the allocation of suitable tenancies in accordance with the authority’s allocation scheme. It is a matter for the local authority to determine the most appropriate form of social housing support for that household in the administrative area of that local authority.
The allocation of local authority dwellings, including the prioritisation of certain households, is a matter for the local authority concerned, in accordance with their allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009 and associated Regulations. This legislation requires all local authorities, as a reserved function, to make an allocation scheme determining the order of priority to be accorded in the allocation of dwellings to households qualified for social housing support and to households approved for a transfer, the allocation of which would, in the opinion of the authority, meet the accommodation needs and requirements of the households.
It is the local authority which assesses housing applicants, taking into account factors such as the condition and affordability of existing accommodation, medical and compassionate grounds, etc. The authority then prioritises the needs of approved applicants in accordance with its allocation scheme.
Decisions on the allocation of social housing support are a matter solely for the local authority concerned. Each application must be considered on its own merits and the individual circumstances taken into account.
As Minister I am precluded by housing legislation from intervening in relation to the procedures followed, or decisions made, by local authorities in the provision of social housing support in individual cases.
Responsibility for the development and provision of services to support victims of domestic violence rests with my colleague the Minister for Children, Equality, Disability, Integration and Youth and I understand that the delivery of these services is managed by Tusla, the Child and Family Agency.
In terms of housing services, in 2017, my Department issued policy and procedural guidance to local authorities relating to the role they can play to assist victims of domestic violence. The guidance is also a useful reference for service providers working in the sector, highlighting where they can be of greatest assistance to their clients, covering a range of scenarios that may arise for victims of domestic violence currently in receipt of social housing support and those seeking social housing supports. These include provisions whereby a household may transfer out of their existing tenancy and into a new tenancy agreement with the local authority or they may access an independent tenancy in the private rented sector utilising the various housing supports offered by the State.
603. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if the hen harrier threat response plan has been published; and if he will make a statement on the matter. [39260/21]
Amharc ar fhreagraThe Hen Harrier Threat Response Plan has not been published. In June, the draft Plan was circulated to the Consultative Committee (comprising representatives from non-governmental organisations, academia and sectoral bodies) and their observations on the Plan sought.
Once that input has been received and taken account of, the processes for a Strategic Environmental Assessment and an Appropriate Assessment of the draft Plan will be initiated by my Department.
Once these assessment processes are completed, the draft Plan will be finalised and published.
604. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if clarification will be provided in relation to a series of matters (details supplied) in respect of the 2021-22 General Derogation Declaration for the control of certain wild bird species and in respect of each bird species listed for controls in schedule 1 of the Declaration. [39266/21]
Amharc ar fhreagraMy officials will make arrangements to contact the Deputy directly to furnish the relevant documentation in respect of the Wild Bird Declarations for the period 1 May 2021 to 30 April 2022.
605. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if a contract has been awarded by his Department in respect of the etender for a national survey of urban gulls published on 16 March 2021; if so, the cost of the contract; when the survey will be completed; and when the results of the survey will be published. [39267/21]
Amharc ar fhreagra606. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage the challenges to providing such accurate estimates in respect of the etender published on 16 March 2021 for a national survey of urban seagulls and in relation to his Department’s statement on page 45 of its five-yearly obligatory report to the EU Commission in 2019 (details supplied); the steps being taken by the contractor to meet these challenges and or offset any impact they might have on the accuracy of the survey; and the degree of confidence he and his Department has that the challenges will be met by the survey to ensure its accuracy. [39268/21]
Amharc ar fhreagra607. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if his Department considered use of digital aerial reconnaissance for the national survey (details supplied) in respect of the etender published on 16 March 2021 for a national survey of urban seagulls; the reason digital aerial reconnaissance was not specified as a counting method in the etender documents; and the advantages of digital aerial reconnaissance over his Department’s prescribed counting method in its etender document, that is, observation and ground walked in addressing the challenges acknowledged by his Department in its five yearly report to the EU Commission in 2019. [39269/21]
Amharc ar fhreagra608. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the urban seagull studies carried out in north Wales and in greater Birmingham in 2018 and 2019 (details supplied); and the implications this might have for his Department’s survey particularly if it is to inform policy in the interests of public health and safety under Article 9.1.a of the 1979 Birds Directive. [39270/21]
Amharc ar fhreagraI propose to take Questions Nos. 605, 606, 607 and 608 together.
The National Parks and Wildlife Service (NPWS) in my Department undertake regular monitoring and surveys of breeding seabird colonies around Ireland in order to provide an evidence base to inform conservation management measures and decisions. I am aware of the preliminary work that was undertaken by the British Trust for Ornithology in regions of Wales and England, where a random selection of 1km grid squares that were dominated by urban and suburban habitats were surveyed for breeding gulls, using several methods including drones and ground-based surveys. This work has allowed the derivation of correction factors that are to be incorporated into a mathematical model using data from randomly selected squares across Ireland and Britain where ground-based surveys were carried out. The model will take into account the different count results arising from the different counting methods used in the preliminary work. Thus, it is envisaged that, when the data is analysed, statistically-robust population estimates will be produced for both Herring Gull and Lesser Black-backed Gulls at various geographic levels.
As part of this collaborative work plan, and via a public procurement process, my Department issued a contract to an experienced and expert company to lead on the requisite Irish survey work. The network of NPWS conservation rangers has also undertaken a significant amount of the survey work which has helped keep the overall costs of this work down. The cost of the contract is €75,250 (excluding VAT).
The fieldwork aspects of this work finished in June this year and over 99% of the randomly generated squares were successfully covered. In addition, several other non-randomly generated squares were completed. The data from the Irish survey and contract is now undergoing Quality Assurance procedures. This is due to be completed in August and part of the deliverables is a report describing the numbers and distributions of breeding urban gulls recorded during the 2021 survey. The data will then be shared with the UK JNCC to undertake the analysis as described above. It is not possible to give a publication date at this point.
609. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he has deferred policy formation and or decisions on potential actions to be taken in the interests of public health and safety under Article 9.1.a of the 1979 Birds Directive in respect of the etender published on 16 March 2021 for a national survey of urban seagulls (details supplied); and if he will make a statement on the matter. [39271/21]
Amharc ar fhreagraThe results of the survey that is being carried out on foot of the etender that was published in relation to a national survey of urban seagulls will feed into any policy formation and decisions on potential actions to be taken in this regard. The survey is currently underway and a report on findings is expected in the Autumn.
610. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage the legal purpose and public administration role particularly with regard to licensing controls on wild bird species of section 59 of the Wildlife Act 2000; and the circumstances in which he envisages availing of section 59 of the Act to preserve public health and safety. [39272/21]
Amharc ar fhreagraThe purpose of Section 59 of the Wildlife Act 2000 is to empower the Minister to authorise acts that are deemed to be necessary for the preservation of public health and safety even when such actions would ordinarily contravene legal provisions set out in Part II and Section 51 of the principal Act (Wildlife Act 1976).
The circumstances where the Minister would envisage granting such licences would be where a real threat to public health and safety is confirmed and where the action(s) which the licence would authorise would be both necessary and proportionate to mitigate or eliminate that threat; and be compatible with Ireland’s obligations under EU and International Law.
611. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage if he will consider establishing a financial support system for citizen resident in buildings (details supplied). [39278/21]
Amharc ar fhreagra643. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage if it can be guaranteed that any remedial work carried out to tackle the major problem of fire and structural defects in the country’s apartments and duplexes will be covered in another form of monetary relief to the persons affected; if so, the timeframe for such relief; and if he will make a statement on the matter. [39562/21]
Amharc ar fhreagraI propose to take Questions Nos. 611 and 643 together.
The Programme for Government sets out a number of commitments in respect of the important policy area of building defects and provides for an examination of defects in housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing report, "Safe as Houses".
In this context, I established a working group to examine defects in housing. The plenary working group has been meeting monthly since March 2021, in addition to subgroup meetings. The group’s terms of reference were adopted in May 2021 and include:
Examine defects in housing having regard to the recommendations in Item 4 “Addressing the legacy of bad building and poor regulation” in Chapter 4 of the Joint Oireachtas Committee on Housing, Planning and Local Government report - ‘Safe as Houses? A Report on Building Standards, Building Controls and Consumer Protection’.
Establish the nature of significant, wide-spread fire safety, structural safety and water ingress defects in purpose built apartment buildings, including duplexes, constructed between 1991 – 2013 in Ireland through consultation with affected homeowners, homeowner representative organisations, owners’ management companies, relevant managing agents, public representatives, local authorities, product manufacturers, building professionals, industry stakeholders, insurance providers, mortgage providers and other relevant parties. Including such matters as:
- Identification and description of defect,
- Nature of defect – design, product, workmanship,
- Non-compliance with building regulations or actual damage,
- Severity/risk to life or serviceability of dwelling,
- Period of construction affected,
- Type of dwelling affected,
Location of dwellings affected.
Establish the scale of the issue – estimate number of dwellings affected by the defects identified including those already remediated.
Consider a methodology for the categorisation of defects and the prioritisation of remedial action.
In the case of defects with fire safety implications, consider how the framework for enhancing fire safety in dwellings can be applied to mitigate the risks arising from fire safety defects pending the remediation of defects and the Code of Practice for Fire Safety Assessment of Premises and Buildings, which is currently being developed by National Directorate of Fire and Emergency Management.
Suggest mechanisms for resolving defects, in the context of the legal rights, duties and obligations of developers, builders, building professionals, insurers, mortgage providers, building control authorities, fire authorities, owners’ management companies, owner occupiers, renters and landlords, including:
- Technical options for the remediation of dwellings,
- Efficient means of carrying out work,
- individual dwellings or whole building approach,
- routine maintenance/refurbishment or remediation,
- Structures or delivery channels needed to facilitate resolution – advice and support.
Evaluate the potential cost of technical remediation options.
Pursue options on possible financial solutions to effect a resolution, in line with the Programme for Government commitment to identify options for those impacted by defects to access low-cost, long-term finance.
To report to the Minister for Housing, Local Government and Heritage on the Examination of Defects in Housing.
In regard to the working group’s deliberations, the group will seek to engage with a range of interested parties, including homeowners, public representatives, local authorities, product manufacturers, building professionals and industry stakeholders, among others to examine the issue of defects in housing and report to me on the matter. Consultation with the relevant parties has commenced and further arrangements in this regard are currently being put in place by the working group.
I look forward to receiving and considering the working group's report on this complex matter.
612. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the estimated full year pay cost of employing four senior building surveyors, six executive building surveyors and four assistant building surveyors in tabular form. [39282/21]
Amharc ar fhreagraThe information requested is set out in the table below:
|
Title of post |
Estimated annual salary cost |
|
4 X Senior Building Surveyors |
€332,084 |
|
6 X Executive Building Surveyors |
€358,404 |
|
4 X Assistant Building Surveyors |
€197,044 |
|
Total |
€887,532 |
The estimated annual pay bill cost of €887, 532 does not include employer's PRSI contributions etc.
