Written Answers Nos. 23-43
23. Deputy Peter Burke asked the Minister for Transport if a medical report is valid for five years, the reason this cannot be accepted by the National Driver Licence Service when applying for a licence, when it advises it must be within three months (details supplied); and if he will make a statement on the matter. [16926/22]
Amharc ar fhreagraThis is a matter for the Road Safety Authority. I have referred the question to the Authority for direct reply. I would ask the Deputy to contact my office if a response is not received within 10 days.
24. Deputy Róisín Shortall asked the Minister for Transport his plans to improve public transport links for an area (details supplied) on the north side of Dublin; and if he will make a statement on the matter. [16952/22]
Amharc ar fhreagraAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally in conjunction with the relevant transport operators.
In light of the Authority's responsibility in this area, I have forwarded the Deputy's specific question in relation to the improvement of public transport links between Finglas and Dublin Airport to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
25. Deputy Mark Ward asked the Minister for Transport the number of antisocial incidents on Dublin Bus, by individual bus routes and by month in each of the past two years, that resulted in bus curtailment, in tabular form; and if he will make a statement on the matter. [17009/22]
Amharc ar fhreagraThe safety and security of public transport passengers and staff, including arrangements to deal with anti-social behaviour, are important matters that, first and foremost, must be managed by every public transport company, in conjunction with An Garda Síochána, where appropriate.
The Deputy’s question regarding the number of anti-social incidents on Dublin Bus by individual bus routes and by month in each of the past two years that resulted in bus curtailment is an operational matter for Dublin Bus, and I have therefore forwarded the question to the company for their direct reply. Please advise my private office if you do not receive a reply within ten working days.
26. Deputy Jennifer Whitmore asked the Minister for Transport if he has engaged with a group (details supplied) which commissioned a study into the way that every village and town can be serviced by local transport links; and if he will make a statement on the matter. [17049/22]
Amharc ar fhreagraAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport.
The National Transport Authority (NTA) has statutory responsibility for developing an accessible, integrated and sustainable public transport network. The NTA also has national responsibility for integrated local and rural transport, including management of the Rural Transport Programme which operates under the TFI Local Link brand.
The Connecting Ireland Rural Mobility Plan is a major national public transport initiative developed by the NTA. It aims to increase public transport connectivity, particularly for people living outside the major cities and towns. It will significantly increase both the number of routes and the frequency of existing services right across the country.
I have not engaged directly with the referenced group but I note that they have previously submitted their proposal to the NTA. In light of the NTA's responsibilities for both the Connecting Ireland Rural Mobility Plan, and public transport services in regional and rural areas, I have referred your question to the NTA for direct reply to you. Please advise my private office if you do not receive a reply within ten working days.
27. Deputy Jackie Cahill asked the Minister for Finance the reason that ESB customers are being charged VAT on the PSO levy on their bills; and if he will make a statement on the matter. [16886/22]
Amharc ar fhreagraVAT is governed by the EU VAT Directive, with which Irish VAT law must comply. Article 78 of the VAT Directive provides that the taxable amount shall include “taxes, duties, levies and charges, excluding the VAT itself”. The amount on which VAT is chargeable, in accordance with section 37(1) of the Value-Added Tax Consolidation Act 2010, is the total consideration receivable by the supplier, “including all taxes, commissions, costs and charges whatsoever” but not including the VAT itself.
In this respect, in the case of an energy bill, which includes the PSO levy, VAT law dictates that VAT should be calculated on the PSO levy element of the bill as well as the charge for the service. Similarly, where an energy bill includes carbon tax, VAT is charged on the full amount of the charge to the customer, which includes the carbon tax. The same situation applies in the case of other excises, including for example excises on petrol, auto-diesel, tobacco and alcohol products, where the VAT charged on these goods is also charged on the excise value.
28. Deputy Catherine Murphy asked the Minister for Finance the way the income from renting garden shed-type accommodation is treated from a taxation perspective; if it is treated as a registered standalone private dwelling at the same address; if it is treated as a rent a room in a dwelling context; and if he will make a statement on the matter. [16898/22]
Amharc ar fhreagraI am advised by Revenue that rent payments for standalone accommodation on an individual’s property are subject to taxation in the same manner as any residential property that is let by its owner.
Section 97(1) Taxes Consolidation Act (TCA) 1997 sets out the rules for computing rental profits or gains in such circumstances. Landlords are entitled to deduct certain expenses from the gross rental income received and are then taxed on the balance, which is the rental profit. Generally, expenses which are capital in nature are not allowable as deductions unless they fall into the category of “plant” for the purposes of section 284 TCA and can be claimed as capital allowances (over eight years at 12.5% of the allowable cost per year). However, the expense must have been incurred wholly and exclusively for the purposes of the business of letting the property.
In all cases involving the letting of property by an individual, if the net rental income (gross rental income minus expenses) is less than €5,000 and if the landlord’s only other source of income is employment income, he/she must declare the rental income by filing a Form 12 return. If the net rental income is over €5,000, the landlord must register for self-assessment and declare the rental income in a Form 11 return. Returns of income must be submitted by the return filing date for the year of assessment in question.
Further information on the tax treatment of rental income can be found on the Revenue website at revenue.ie/en/property/rental-income/irish-rental-income/index.aspx.
While it is not a matter for my Department, I understand that such ‘garden shed’ type accommodation should be registered with the Residential Tenancies Board (RTB) as it would not appear to fall within the RTB’s definition of exempt properties.
I am further advised that rent payments for standalone accommodation on an individual’s property will not qualify for rent-a-room relief because the accommodation is a self-contained unit that is not part of the ‘sole or main residence’ of the individual receiving the rent. To qualify for rent-a-room relief, the room or rooms being let must form part of the residence occupied by the individual receiving the rent as her/ his sole or main residence during the tax year. ‘Sole or main residence’ is best described as an individual’s home.
29. Deputy Niamh Smyth asked the Minister for Finance his plans to implement reforms in view of the increasing cost of insurance premiums; the latest discussions his Department has had on this issue; the bodies or organisations that the discussions have taken place with; and if he will make a statement on the matter. [16928/22]
Amharc ar fhreagraGovernment fully recognises the concerns felt by many consumers and businesses regarding the cost and availability of insurance. However, it should be noted that according to the CSO that in February 2022, the price of motor and home insurance decreased by 11 and 1 per cent respectively year-on-year, despite a 5.6 per cent rise in the general price level over the corresponding period.
Notwithstanding this, the whole-of-Government approach being taken through the Action Plan for Insurance Reform sets out 66 actions which aim to improve both the cost and availability of this key financial service. An Action Plan Implementation report, which was published earlier this month, shows that 80 per cent of these actions have now been delivered. Among the developments so far are the introduction of the new Personal Injury Guidelines in April 2021; the enactment of the Criminal Justice (Perjury and Related Offences) Act 2021; and the establishment of the Insurance Fraud Coordination Office within the Garda Síochána. The Office to Promote Competition in the Insurance Market was also established within the Department of Finance and is chaired by Minister of State Fleming. Its role is to assist in reducing insurance costs by promoting competition in this market.
Since its establishment, the Office has held over 60 meetings with a wide range of key stakeholders, including representative bodies, providers and other civic society groups, particularly those in ‘pinch point’ sectors who are experiencing issues around the accessibility and affordability of insurance, to understand the gaps in the Irish insurance market. The Office has also met with bodies that have a competition remit, such as the Competition and Consumer Protection Commission (CCPC) and the IDA, as well as liaising regularly with industry representative groups such as Insurance Ireland and Brokers Ireland. Recently it also met with the CEOs of the major insurance providers in Ireland, who have confirmed that they are passing on the savings achieved by the new Personal Injury Guidelines, and other reforms, to customers. In this regard, it should be noted that recent data from the Personal Injury Assessment Board (PIAB) show that since the implementation of these new Guidelines, award levels have fallen by an average of 40 per cent, thereby providing stability and certainty to the claims environment.
A key priority now for Government is maintaining momentum in insurance reform with the focus now shifting to implementing the outstanding elements of the Action Plan. Principal actions to be delivered in 2022 include reform of the duty of care legislation and progressing the Personal Injuries Resolution Bill 2022. Overhauling the duty of care is particularly important, as should address the ‘slips, trips and falls’ issue that is prevalent in many high-risk/high-footfall sectors.
Finally, I would like to take this opportunity to assure the Deputy that securing a more sustainable and competitive market through deepening and widening the supply of insurance in Ireland remains a key policy priority for this Government, and that I will continue to work with my colleagues to ensure that these important reforms are implemented.
30. Deputy Niamh Smyth asked the Minister for Finance the number of primary medical certificate appeals that are waiting to be assessed, by county, in tabular form; and if he will make a statement on the matter. [16929/22]
Amharc ar fhreagraThe Disabled Drivers & Disabled Passengers Scheme provides relief from Vehicle Registration Tax and VAT on the purchase and use of an adapted car, as well as an exemption from motor tax and an annual fuel grant.
The Scheme is open to severely and permanently disabled persons as a driver or as a passenger and also to certain charitable organisations. In order to qualify for relief, the applicant must hold a Primary Medical Certificate issued by the relevant Senior Area Medical Officer (SAMO) or a Board Medical Certificate issued by the Disabled Driver Medical Board of Appeal. Certain other qualifying criteria apply in relation to the vehicle, in particular that it must be specially constructed or adapted for use by the applicant.
To qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of the medical criteria set out in the Finance Act 2020, by way of amendment to Section 92 of the Finance Act 1989.
Hearings of the Disabled Drivers Medical Board of Appeal are held on average twice a month at the National Rehabilitation Hospital in Dun Laoghaire, which has the appropriate facilities to cater for people with mobility impairing disabilities of the kind provided for under the Disabled Drivers and Disabled Passengers Scheme.
Appeal hearings ran at reduced capacity for public health reasons until the end of covid related restrictions. There are 382 appeals outstanding from 2021 and there are 102 new appeals for 2022 up until today 28th of March. This is not available on a county by county basis.
An Expressions of Interest seeking suitable candidates for the Disabled Drivers Medical Board of Appeal is now published on gov.ie - Expression of interest for appointment to the Disabled Drivers Medical Board of Appeal (www.gov.ie) following the resignation of all five members of the Board.
Requests for appeal hearings can be sent to the DDMBA secretary based in the National Rehabilitation Hospital. New appeal hearing dates will be issued once the new Board is in place. Assessments for the primary medical certificate, by the HSE, are continuing to take place.
31. Deputy Rose Conway-Walsh asked the Minister for Finance the percentage and amount of tax paid by each category of apprentice during off-the-job training for each phase of their apprenticeship, in tabular form; and if he will make a statement on the matter. [17101/22]
Amharc ar fhreagra32. Deputy Rose Conway-Walsh asked the Minister for Finance the cost to the Exchequer of excluding apprentices training allowances taxation; and if he will make a statement on the matter. [17102/22]
Amharc ar fhreagraI propose to take Questions Nos. 31 and 32 together.
I am advised by Revenue that approximately 2,700 apprentices started off-the-job training in January 2022, the returning of these apprentices takes place at different stages, but the majority should have returned to their primary employer in March.
Tax returns data available to Revenue do not distinguish in what phase an apprentice is in. It is not possible based on Revenue data to separately identify the tax paid by apprentices or to quantify the potential loss to the Exchequer of exempting payments by each phase of the apprenticeship programme.
33. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform the status of the CFRAM programme proposed for the east County Meath area to address some of the additional flood risks that have been identified over recent years; and if he will make a statement on the matter. [16738/22]
Amharc ar fhreagraThe Office of Public Works is working with Meath County Council to advance flood relief measures for east Meath, the details of which are set out beneath.
Mornington
There is an existing Flood Relief Scheme in place providing protection to 162 properties in Mornington. The Catchment Flood Risk Assessment and Management Programme identified potentially viable flood relief works for Mornington that may be implemented after project level assessment and planning that would augment the existing scheme and would provide protection to an additional 52 properties. The OPW is working with Meath County Council to advance the proposed measures at this location.
Northlands
The Northlands Flood Relief Scheme commenced in November, 2016. Construction of this scheme, consisted of in-situ reinforced concrete walls and precast concrete “U-channels”, and was carried out by the OPW and was substantially completed in early 2018.
There is currently a Steering Group in place with representatives from the Office of Public Works, Meath County Council and a design consultant to progress a design for a culvert upgrade as an extension to the Northlands Flood Relief Scheme. It is proposed to commence works on this culvert in Q2 of 2022 with completion of these works in Q3 of 2022.
Ashbourne
The construction of the Ashbourne Flood Alleviation Scheme commenced in January, 2019 and is being carried out by the OPW staff. Construction is due to be completed in Q3 of 2022. The scheme will comprise of the construction of an overflow weir to divert flow to the Broadmeadow River and the improvement of the channel and culvert capacity along the Broadmeadow and Ward Scheme. It will provide protection against a 100 year flood event for 69 properties.
Local flooding and coastal erosion issues are a matter, in the first instance, for each Local Authority to investigate and address. Under the OPW Minor Flood Mitigation Works and Coastal Protection Scheme, applications are considered for projects that are estimated to cost not more than €750,000 in each instance. Funding of up to 90% of the cost is available for approved projects. Applications are assessed by the OPW having regard to the specific economic, social and environmental criteria of the scheme, including a cost benefit ratio and having regard to the availability of funding for flood risk management. Full details of this scheme are available on www.opw.ie.
Meath County Council has recently been approved funding of €90,000 under the Minor Flood Mitigation Works and Coastal Protection Scheme for a study of coastal erosion on the Meath coastline, from the Boyne Estuary to the mouth of the Delvin River.
Navan
Navan was identified as an Area for Further Assessment under the Eastern Catchment Flood Risk Assessment and Management study. No economically viable flood relief options were identified under the CFRAM Study for Navan, although a technical solution was identified. OPW has been working in partnership with County Council to undertake Meath a review the viability of a flood relief scheme for Navan. This Scheme Viability Review (SVR) consists of reviewing the hydrology, hydraulics, options and costings to determine if an economically viable measure may exist that could justify the progression to full project-level assessment. The project is due for completion in Q2 2022.
34. Deputy Mairéad Farrell asked the Minister for Public Expenditure and Reform to provide an update on the work that is being undertaken to assess the expenditure impact from taking in up to 200,000 Ukrainian refugees; if certain Departments will require a supplementary estimate, and if he will provide any forecasting, modelling, risk analysis or otherwise, which has been done to date. [16754/22]
Amharc ar fhreagraWork is continuing within my Department to develop our understanding of the potential expenditure impact of taking in refugees from Ukraine. At present, as this is still an early stage of people movement into Ireland, it is difficult to provide exact costings as the range of potential arrivals is quite large and the demographic profile of these can only be estimated at this point. It is also unclear as to what extent arrivals may have existing support networks within Ireland.
There is a whole-of-Government response in place to co-ordinate on the impacts from the conflict, identifying emerging sectoral and cross-sectoral issues and the requirements for responding to the various aspects of the economic and humanitarian issues arising. Forecasting and modelling being developed in that context will inform expenditure impacts on an ongoing basis.
Officials in my Department are working with other Government Departments to examine the information available on the arrivals from Ukraine to date and using this to estimate the potential resources that may be required for this cohort and ranges of subsequent arrivals and the related public expenditure impact. This work is still under development. From early stage estimations, costs are expected to be significant with levels heavily dependent on the accommodation solutions that might be found for larger numbers of arrivals and for the longer term.
By way of illustration, 100,000 refugees would represent an increase in population of 2% over a short period of time. An increase in public spending in line with this growth in population would amount to c. €1¾ billion. However, given that refugees will need to be supported significantly given their needs as they escape the humanitarian crisis in Ukraine, costs could be expected to be higher and could be in the region of €2½ billion for a full year. These are early estimates and will be developed and considered further in the context of the Stability Programme Update.
Given the scale of arrivals anticipated, it is recognised that Supplementary Estimates will be required later in the year as it may not be possible for every Department to meet the costs of providing for Ukrainian refugees within their existing allocations. However, as the actual number of arrivals is not yet known and work on detailed costings is still underway it is not possible to say definitively at this point the scale of Supplementary Estimates that will be required.
35. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if social housing tenants with spare rooms will be permitted to house Ukrainian refugees; and if he will make a statement on the matter. [16724/22]
Amharc ar fhreagraThe Government is committed to delivering a humanitarian response to welcome people fleeing the war in Ukraine and seeking protection in Ireland as part of the EU response.
As part of its response, Government is providing accommodation through the International Protection Accommodation Service (IPAS) and is working closely with Local Authorities to provide accommodation for Ukrainian arrivals in a variety of settings including:
- Hotels, guest houses and B&Bs;
- Accommodation pledged by the general public, which is being assessed for suitability;
- State-owned or private properties, which may be suitable for short-term accommodation;
- Religious properties; and
- Local authority community facilities.
Regarding pledged accommodation, the Red Cross is the centre point for offers of assistance for accommodation coming in through local authorities or the public and will liaise directly with the Department of Children, Equality, Disability, Integration and Youth on same.
Government is working to ensure local capacity, resources and knowledge are brought to bear on the overall humanitarian response. This includes working with relevant parties at local level to allow social housing tenants participate, should they wish to do so, in the pledge system and volunteer unused rooms in their homes for Ukrainian refugees.
36. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the reason that local authority audits are published with such a time lag; and if he plans to improve the speed at which these are carried out. [16733/22]
Amharc ar fhreagraThe statutory provisions concerning the consideration of annual financial statements and the report of the auditor are set out in section 121 of the Local Government Act 2001, as amended by section 60 of the Local Government Reform Act 2014, and in the Local Government (Financial and Audit Procedures) Regulations 2014. In accordance with the legislation, it is the responsibility of each local authority to furnish a copy of the audited financial statements and audit report to every member of the local authority and to publish these on its website. The timing of this process is a matter for the local authority concerned. My Department does not publish such audit reports until they have been provided to the elected members of the relevant local authority.
37. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if his Department offers support or advice to the residents of a multi-unit development built in 2008 that experience structural deficits in the building in cases in which the original developer company has been wound up leaving residents facing a substantial expense to resolve; and if he will make a statement on the matter. [16746/22]
Amharc ar fhreagraBoth the Programme for Government and Housing for All, the Government’s national plan on housing to 2030, set out a range of commitments in respect of the important policy area of building defects. This includes the commitment to ensure that the remediation fund for pyrite and mica is fully drawn down. In this context, €60m has been provided under Budget 2022 to continue to support the implementation of the Pyrite Remediation Scheme and the Defective Concrete Blocks Grants Scheme.
Separately, there is a commitment to examine the issue of defects in housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing report, “Safe as Houses” and to assist owners of latent defect properties by identifying options for those impacted by defects to access low cost, long term finance.
In this regard, I established a working group to examine defects in housing. This working group has been meeting monthly since March 2021 (except for August). In addition, regular subgroup meetings take place to advance elements of the work. The group’s terms of reference are focused on fire safety, structural safety and water ingress defects in purpose built apartment buildings, including duplexes, constructed between 1991 and 2013.
As part of its deliberations, the working group is consulting with a wide range of relevant stakeholders and has conducted a series of online surveys seeking the experiences of homeowners, landlords, Directors of Owners’ Management Companies and Property Management Agents. The insights gained through engagement with stakeholders as well as the outcome of the online consultation will inform the ongoing deliberations of the Working Group and support the delivery on its extensive terms of reference and finalisation of its report. I look forward to a report later this year following completion of their consultations and deliberations. Once I receive the report I will give full consideration to its contents.
In general, the statutory position is clear in terms of where responsibilities; under the Building Control Acts 1990 to 2014, primary responsibility for compliance of works with the requirements of the Building Regulations rests with the owners, designers and builders of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities, who have extensive powers of inspection and enforcement under the Acts and who are independent in the use of their statutory powers. In addition, local authorities also have similar powers under the Fire Services Acts 1981 and 2003, the Housing Acts and the Planning and Development Acts, which may be relevant where concerns arise in residential developments.
Any concerns a person has regarding health and safety or structural stability should be investigated by a competent building professional or the relevant service provider as a matter of urgency. A building professional (or the relevant service provider) will be able to advise on the severity of the issue and the appropriate action that should be taken to mitigate any health and safety risk.
38. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will confirm the voted expenditure for the Capital Assistance Scheme for 2022; the number of units of accommodation to be delivered with this fund in that year; the reason the number of units has been reduced from 600 to 400 in the revised estimates and if he will provide details for the significant increased cost per unit arising from this change. [16823/22]
Amharc ar fhreagraExchequer funding available for the Capital Assistance Scheme (CAS) in 2022 is €96 million and the target is for AHBs to provide 400 units for the target groups, including age-friendly housing, accommodation for individuals and families who are homeless and housing for people with a disability. CAS funding also supports other important and emerging areas of housing need including the development of refuges for victims of Domestic, Sexual and Gender Based Violence, housing for care leavers (people exiting State care at the age of 18), and de-congregation (people with a disability being enabled to move from large institutions (congregated settings) to their own homes in the community with the support they need).
The target for CAS delivery has generally been 400 units, which takes into account the capacity of the AHBs involved which are frequently smaller, locally-based organisations. While the target indicated in the 2021 revised estimates was 600, in prior years and in 2022, it was consistently c400.
CAS funding in 2021 provided for 352 units of accommodation for a range of priority housing categories. The CAS funding also provided 150 bed spaces as emergency accommodation for homeless individuals which were not part of the CAS output of 352.
39. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage his plans to improve the inter-county transfer process for social housing tenants; and if he will make a statement on the matter. [16824/22]
Amharc ar fhreagraRequests for housing transfers are considered solely by the relevant local authority concerned in accordance with that authority’s allocation scheme, which is made by the elected members under section 22 of the Housing (Miscellaneous Provisions) Act 2009 and in compliance with Social Housing Allocation Regulations 2011.Local authorities are responsible for assessing 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. Ultimately, it is a matter for the local authority to decide the conditions to be met in relation to transfer applications. All four Dublin authorities have provisions in their allocation schemes for inter authority/mutual transfers for sitting tenants whereby the authority is prepared to accommodate applications for inter authority/mutual transfers provided certain criteria are met. Similar arrangements apply in other local authorities, such arrangements are entirely a matter for the local authority concerned.
40. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage if his Department will conduct a review of the housing needs demand assessment following census 2022 in view of the fact that many people and families decided to move out of city centres to regional towns and villages to work remotely and for a better quality of life during the Covid-19 pandemic; and if he will make a statement on the matter. [16833/22]
Amharc ar fhreagraThe Housing Need and Demand Assessment (HNDA) Tool is used to estimate current and future housing needs by tenure type in local authority areas. Projections on population and structural household demand produced by the Economic and Social Research Institute (ESRI), as well as data on existing need and income, are built into the HNDA Tool and use Census data to produce the output of estimated housing needs.
While Census 2022 won't provide data on the reasons households may move from urban centres, it will offer insights on internal migration patterns. My Department will engage with the ESRI in this regard and review the HNDA data following Census 2022.
Preliminary Census results are expected until July 2022, with detailed results expected in summer 2023.
41. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage if funding will urgently be made available to Cork City Council to repair a heating system for a local authority housing estate (details supplied); and if he will make a statement on the matter. [16884/22]
Amharc ar fhreagra42. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage if support will be urgently be made available to Cork City Council to repair a heating system for a local authority housing estate (details supplied); and if he will make a statement on the matter. [16885/22]
Amharc ar fhreagraI propose to take Questions Nos. 41 and 42 together.
The management and maintenance of local authority housing stock, including pre-letting repairs to vacant properties, responsive repairs and implementing planned maintenance programmes, is a matter for each individual local authority, under Section 58 of the Housing Act 1966.
Local authorities also have a legal obligation to ensure that all of their tenanted properties are compliant with the provisions of the Housing (standards for rented houses) Regulations 2019. Local authority officials and elected members have a very important role to play in this regard by making adequate budgetary provision for housing repairs and cyclical maintenance utilising the housing rental income available to them as part of the annual budgetary process.
Notwithstanding the legal obligations on local authorities to manage and maintain their housing stock, my Department does provide annual funding to local authorities to support their work in this area through the Voids Programme and the Energy Efficiency Retrofit Programme.
The funding provided through the Voids programme is available to support local authorities in preparing vacant units for re-letting and is additional to the funding provided from the local authorities own resources. From 2014 to 2021, expenditure of some €261 million was recouped to local authorities under the Voids Programme which funded the return to productive use of 18,527 properties nationwide.
The Energy Efficiency Retrofit Programme (EERP) aims to retrofit the home to a BER of B2/Cost Optimal BER. It is expected that 36,500 local authority owned homes will be retrofitted under this programme out to 2030. A budget of €85m has been made available for EERP 2022. Allocations for each local authority are currently under consideration and will be released shortly.
In choosing the properties to be retrofitted, local authorities are urged to choose a mix of properties, requiring varying levels of retrofit, when setting out their works programme. With regard to the properties which are selected to be remediated either through funding available from the Voids programme or the EERP, this would be a matter for each individual local authority, which would be Cork City Council in this case.
My Department and local authorities are working to transition from a largely response based approach to housing stock management and maintenance to a planned maintenance approach. This will require the completion of stock condition surveys by all local authorities and the subsequent development of strategic and informed work programmes in response. My Department will support these work programmes by ensuring that the funding available under the various stock improvement programmes are aligned with this approach.
43. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he has plans to regulate the renting out of garden sheds as accommodation at market rents; and if he will make a statement on the matter. [16896/22]
Amharc ar fhreagraThe Residential Tenancies Acts 2004-2021 regulates the landlord-tenant relationship in the rented residential sector and sets out the rights and obligations of landlords and tenants. Part 3 of the Acts provides for rent and rent reviews.
Section 3 of the Acts applies the Acts to every dwelling the subject of a tenancy, subject to certain exemptions which include situations where the landlord also resides in the building or part of the building concerned.
The Acts define a dwelling as, subject to certain conditions, a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not).
Landlords are legally obliged to ensure that their rented dwellings comply with the minimum standards set out in the Housing (Standards for Rented Houses) Regulations 2019. These standards apply to all properties let or available to let. The Regulations focus on tenant safety and include measures covering heating appliances, carbon monoxide, ventilation and window safety. Local authorities are responsible for enforcing these minimum standards. This includes inspection of properties.
Failure to comply with the minimum standards can result in penalties and prosecution. Local authorities can issue Improvement Notices and Prohibition Notices to landlords who breach the minimum standards regulations. An Improvement Notice sets out the works that the landlord must carry out to remedy a breach of the regulations. Local Authorities may be contacted to request an inspection of the property to assess whether it meets these minimum requirements.
The Residential Tenancies Board (RTB) was established under the Act as an independent statutory body to operate a national tenancy registration system and to facilitate the resolution of tenancy disputes between landlords and tenants.
I have no plans to amend the definition of dwelling in the Residential Tenancies Acts at this time. My Department and the RTB keep the operation of the Acts under constant review, with a view to introducing any necessary legal change.
