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Defective Building Materials

Dáil Éireann Debate, Wednesday - 23 February 2022

Wednesday, 23 February 2022

Ceisteanna (105, 106, 107)

Pádraig MacLochlainn

Ceist:

105. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if the works carried out on homes under the pyrite resolution scheme are up to 2007 building standards as is being proposed by his Department for the updated defective concrete block grant scheme. [10131/22]

Amharc ar fhreagra

Pádraig MacLochlainn

Ceist:

106. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if second homes that are not registered with the Residential Tenancies Board by a particular date are excluded from availing of the pyrite resolution scheme as is proposed for the updated defective concrete block grant scheme. [10132/22]

Amharc ar fhreagra

Pádraig MacLochlainn

Ceist:

107. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the reason the Housing Agency oversees the pyrite resolution scheme process for homeowners from start to finish; and the reason this is not being proposed for the updated defective concrete block grant scheme. [10133/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 105, 106 and 107 together.

The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme.  The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material.

The pyrite remediation scheme is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress and is limited in its application and scope. The full conditions for eligibility are set out in the scheme which is available on the Board’s website,  ww.pyriteboard.ie.  Under these conditions, if on 12 December 2013 a person owned, whether or not jointly, more than one dwelling, they may only make an application to the Pyrite Resolution Board for inclusion of one of those dwellings in the Scheme.

The Housing Agency implement the remediation process and undertake procurement of professional services and the remediation contracts. At the end of 2021, 2292 homes had been remediated at a cost of approximately €150m.

 In relation to the Defective Concrete Blocks Grant (DCB) Scheme, I brought a Memorandum to Government on an enhanced scheme on the 30 November 2021. It included an unprecedented suite of improvements to the current scheme which removes the financial barrier to scheme entry by simplifying and streamlining the application process.  It also increases the grants available from 90% to 100% of allowable costs and the maximum grant level from €247,500 to €420,000, provides for a second grant in certain circumstances, introduces an independent appeals process and strengthens the certificate of remediation available to homeowners.  Government approved the enhanced scheme which it is estimated will cost approximately €2.2Bn.  The terms of the enhanced DCB scheme reflect favourably when compared to the Pyrite Remediation Scheme.

The grant scheme when originally introduced was available to principal private residence only.  However, I have extended that to now include the individual’s principal private residence and RTB registered properties, that is, a house or apartment which an individual owns (or co-owns) and occupies as his or her only or main residence and a rented dwelling with a Residential Tenancies Board (RTB) registered tenancy on November 1st 2021 subject to a maximum of one rental property per household and the introduction of a clawback mechanism upon re-sale within a set time period depending on the remediation option used.  

The decision to go with a grant scheme, as opposed to the type of scheme provided by the Pyrite Resolution Board, gives homeowners the flexibility to manage their own projects and allow them to deal directly with their appointed contractor. It is also of note that the quantum of homes affected is in the region of 7,500, the majority of which would be a bespoke design. This means the large scale and individualised, home by home plans that form much of the work involved is not currently feasible for the type of scheme provided by the Pyrite Resolution Board via the Housing Agency. Homeowners will also be eligible for the newly revised SEAI retrofit grants. 

In relation to building standards, the Building Regulations apply to certain works to existing buildings e.g. all works in connection with the material alteration or extension of an existing building, a repair and renewal that is likely to affect the structural integrity of the building or building element being repaired or renewed etc.

The requirements of the Building Regulations are set out in 12 parts (classified as Parts A to M). Technical Guidance Documents (TGDs) are published to accompany each part of the Building Regulations indicating how the requirements of that part can be achieved in practice. Some technical guidance documents provide specific guidance on works to an existing building e.g. Section 2 of TGD L Conservation of Fuel and Energy. No works shall be carried out to a building which would cause a new or greater contravention in the building of any provision of Building Regulations. As a result, in general, the reinstatement of building elements in a remediation project is on a ‘like for like’ performance basis.

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