Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Wednesday, 11 May 2022

Written Answers Nos. 94-111

Financial Services

Ceisteanna (94)

Neasa Hourigan

Ceist:

94. Deputy Neasa Hourigan asked the Minister for Finance if his attention has been drawn to the recent purchase of a large number of ATMs by a company (details supplied) from pillar banks; if the companies that operate ATMs but are not operating as a licensed bank are regulated by the Central Bank; and if he will make a statement on the matter. [23847/22]

Amharc ar fhreagra

Freagraí scríofa

My Department is aware that the number of bank operated ATMs across the country has been declining in recent years. This is mainly because banks have sold, mostly offsite, ATMs to independent ATM deployers (IADs).

The latest data from the BPFI shows that in December 2021 there were 1,787 ATMs operated by banks in Ireland. This figure is down from 2,353 in December 2020.

IADs are not regulated by the Central Bank of Ireland. IADs are regarded as Professional Cash Handlers. The Central Bank monitors all Professional Cash Handlers involved in the recirculation of euro banknotes for compliance with the Decision of the European Central Bank (ECB/2010/14) on the authenticity and fitness checking and recirculation of euro banknotes. Professional Cash Handlers must ensure compliance with Decision ECB/2010/14 prior to distribution of euro banknotes via ATMs, etc.

The revised Payment Services Directive (PSD2) regulates payment service providers across Europe. When it was transposed in 2018, PSD2 extended transparency rules relating to withdrawal charges to IADs. Under PSD2 IADs are required to clearly display charges to their user’s both before withdrawal of cash and upon receipt of cash.

It is also worth noting that a review of PSD2 is currently being carried out by the European Commission. It is likely that the provision relating to independent ATM deployers will be examined as part of that review.

Financial Services

Ceisteanna (95)

Neasa Hourigan

Ceist:

95. Deputy Neasa Hourigan asked the Minister for Finance the number of ATMs in the State, by county. [23848/22]

Amharc ar fhreagra

Freagraí scríofa

The level of data requested is not available on ATMs operating in Ireland.

The Banking and Payments Federation of Ireland (BPFI) collects data on the total number of bank operated ATMs cross the country. This has been declining in recent years mainly because banks have sold, mainly offsite, ATMs to Independent ATM Deployers (IADs) and more recently also due to branch closures.

The latest data from the BPFI shows that in December 2021 there were 1,787 ATMs operated by banks in Ireland. This figure is down from 2,353 in December 2020.

The BPFI do not have sight of whether the IADs maintained or closed ATMs after the recent purchases. However it estimates that the total number of ATMs (operated by banks and IADs) was approximately 2,900 in December 2021.

Wildlife Conservation

Ceisteanna (96)

Holly Cairns

Ceist:

96. Deputy Holly Cairns asked the Minister for Finance if his Department and public bodies and agencies that operate under his remit have policies in place to install artificial structures that provide shelter and habitat space for wild species such as, but not limited to, insect hotels, bat boxes, nesting towers and beehives; and if he will make a statement on the matter. [23855/22]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that my Department, currently, has no policy in place to install structures - artificial or otherwise - which may provide shelter and habitat space for wild species.

I am advised that the bodies under the aegis of my Department do not currently have such policies in place. However one of these bodies, the Central Bank of Ireland, has an overarching integrated policy demonstrating a commitment to improving environmental performance, although it does not have any specific policies in place to install artificial structures that provide shelter and habitat space for wild species. In line with its environmental policy, the Central Bank operates to a Biodiversity Action Plan and has been progressing a number of initiatives to improve the natural environment and biodiversity, including:

- Signed up to the All-Ireland Pollinator Plan;

- Commenced the “Don’t mow, let it grow” rewilding campaign between May and September giving slower growing wildflowers the chance to flower amongst the grass; and

- Introduced 10,000 bees to the roof of its North Wall Quay building.

State Claims Agency

Ceisteanna (97)

Cormac Devlin

Ceist:

97. Deputy Cormac Devlin asked the Minister for Finance if he will provide an update from the State Claims Agency on the number of claims outstanding for more than five years; the value and volume of cases concluded on a settled or contested basis by year and sector in each of the years 2016 to 2021, in tabular form; and if he will make a statement on the matter. [23867/22]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that it was not possible to collate all of the information sought in the time available and, therefore, I will make arrangements to provide the information to the Deputy as soon as possible and in line with Standing Order 42A.

Departmental Data

Ceisteanna (98)

Cormac Devlin

Ceist:

98. Deputy Cormac Devlin asked the Minister for Finance the number of lifetime loans that have been issued to older persons over the past five years in tabular form; and if he will make a statement on the matter. [23868/22]

Amharc ar fhreagra

Freagraí scríofa

Lifetime loans are regarded as a niche product, provided by regulated entities, usually to those aged 60 years and over. The Central Bank has advised me that it does not publish figures on lifetime loans.

However, the Deputy may wish to note that, if a regulated entity wishes to engage in the provision of lifetime mortgages or home reversion schemes then, in addition to the requirements of the consumer protection framework that apply to the provision of mortgages generally, the Consumer Protection Code 2012 also sets out a number of specific requirements relating to lifetime mortgages and home reversion agreements.

In particular it requires that, prior to providing a lifetime mortgage or a home reversion agreement to a personal consumer, a regulated entity must ensure that the personal consumer is made aware of the importance of seeking independent legal advice regarding the proposed transaction.

Wildlife Conservation

Ceisteanna (99)

Holly Cairns

Ceist:

99. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform if his Department and public bodies and agencies that operate under his remit have policies in place to install artificial structures that provide shelter and habitat space for wild species such as, but not limited to, insect hotels, bat boxes, nesting towers and beehives; and if he will make a statement on the matter. [23861/22]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that there is currently no such policy in place in my Department, including the Office of Government Procurement. With the exception of the Office of Public Works (OPW), this is also the position for the bodies under the aegis of my Department. The OPW have advised that they will respond directly to the Deputy on this matter.

Wildlife Conservation

Ceisteanna (100)

Holly Cairns

Ceist:

100. Deputy Holly Cairns asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her Department and public bodies and agencies that operate under her remit have policies in place to install artificial structures that provide shelter and habitat space for wild species such as, but not limited to, insect hotels, bat boxes, nesting towers and beehives; and if she will make a statement on the matter. [23865/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the provision of office accommodation for my Department, and for many of those bodies under the remit of the Department such as the national cultural institutions, falls within the remit of the Office of Public Works. A number of these buildings are protected structures.

Within that context I am pleased to advise that my Department's office at New Road Killarney has a roof garden that has been planted with wild flower seeds.

The operation of such policies in those bodies under the aegis of my department is a day-to-day matter for the body concerned.

International Agreements

Ceisteanna (101)

Patricia Ryan

Ceist:

101. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if Ireland will opt in to article 31 of the European Social Charter on the right to housing [23638/22]

Amharc ar fhreagra

Freagraí scríofa

In line with Programme for Government commitments, Government established a Commission on Housing to examine issues such as tenure, standards, sustainability, and quality-of-life issues in the provision of housing. The Commission has also been tasked with bringing forward proposals on a Referendum on Housing. While not a commitment to a referendum on a 'right to housing', this is not precluded.

The Commission is currently examining the complex constitutional questions arising and the various proposals made regarding potential wording for an amendment to the Constitution. It will provide independent and objective advice to the Government regarding the critical factors for consideration and will make recommendations as to the appropriate wording to be put to the people.

A decision on these matters will be made following consideration of the Commission's recommendations.

Departmental Funding

Ceisteanna (102, 131)

Cian O'Callaghan

Ceist:

102. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if a regulatory impact assessment was carried out on the Croí Cónaithe Cities Fund; if an assessment of its impact was carried out; if so, the findings of same; and if he will make a statement on the matter. [23895/22]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

131. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he undertook a cost-benefit analysis or a cost evaluation analysis of the Croí Cónaithe Cities Fund; if so, the findings of same; and if he will make a statement on the matter. [23781/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 102 and 131 together.

Housing for All set out four pathways to achieve its vision of a sustainable housing system, ensuring that everyone in the State has access to a home to purchase or rent at an affordable price, built to a high standard and in the right place, offering a good quality of life.

Addressing the current housing shortage requires short, medium and long-term action to stimulate housing supply. The Croí Cónaithe (Cities) Scheme is one measure within Housing for All that will help to kick-start developments that might not otherwise be developed.

We know from our research that there is a sizeable proportion of inactivated planning permissions in urban areas that are capable of being brought forward in the shorter term. These include numerous permissions for apartments in our urban cores, that meet important compact growth objectives. In many cases, the cost of constructing new apartments is more than the price achievable in the sales market, leading to a clear viability gap as set out in a number of reports.

To tackle this issue, Housing for All announced a new Croí Cónaithe (Cities) scheme to bridge that viability gap. Following extensive development work, I launched the scheme yesterday (10th May).

My Department, together with the Housing Agency, developed the Croí Cónaithe (Cities) Scheme drawing on:

- a stakeholder engagement workshop on December 10th last, to gain feedback on the proposed scheme from industry experts;

- consultations with the Department of Public Expenditure and Reform, the Department of Enterprise, Trade and Employment, the Revenue Commissioners and legal advice in relation to the operational basis for the Scheme;

- Housing Agency, internal Department, published and commissioned research; and

- Housing Agency analysis and assessment modelling.

The scheme will, over the next 5 years, seek to deliver apartment developments in cities for sale to owner occupiers. It will be managed by the Housing Agency on behalf of my Department. Over the next six weeks the Housing Agency will be accepting Expressions of Interest from developers for eligible schemes.

Each proposal will be assessed by the Housing Agency, first to determine its eligibility under the terms of the scheme and then ranked in accordance with a number of criteria to ensure that schemes providing, inter alia, the best value for money are prioritised for support. Details of the assessment process are set out in the Expressions of Interest document linked here: Expression of Interest (EOI) Call Croí Cónaithe Cities_.pdf (housingagency.ie)

Heritage Sites

Ceisteanna (103)

Paul Kehoe

Ceist:

103. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage if his Department has taken further steps to protect the archaeological history of the entirety of Vinegar Hill, County Wexford; if he will consider designating the entire hill as a protected national heritage site; and if he will make a statement on the matter. [23562/22]

Amharc ar fhreagra

Freagraí scríofa

The National Monuments Service of my Department has commissioned a wide ranging and detailed study of historic battlefields up to and including those of the 1798 Rebellion, known as the Irish Battlefields Project. I am pleased to be able to advise the Deputy that over the last year substantial progress has been made towards formal publication of the detailed results of that project. In the interim, location points for a range of battlefields have been included on my Department’s online Historic Environment Viewer, and included in this is the Vinegar Hill Battlefield. While this does not of itself confer statutory protection on such battlefields, I am satisfied that a range of information is available to planning authorities so as to ensure that historic battlefields receive appropriate consideration in the statutory planning process, though it is of course a matter for each planning authority to adopt appropriate objectives in that regard under its statutory development plan.

Any formal designation having statutory effect under the existing National Monuments Acts could only be done if the applicable criteria under those Acts are met, in particular that the site met the relevant statutory definitions of “monument” and “national monument”. As the Deputy will be aware, the Revised General Scheme for the Monuments and Archaeological Heritage Bill is currently receiving Pre-Legislative Scrutiny. I believe that enactment and implementation in the near future of this comprehensively modernised and strengthened legislation, combined with the detailed publication of the results of the Irish Battlefields Project, will present the best opportunity to consider the question of designation of historic battlefields additional to the protection that may be afforded them through the planning process. My Department will also be reviewing, in the light of that publication, what further measures may be appropriate to further strengthen the recognition of historic battlefields in the planning process, in particular the question of provision of guidance on this to planning authorities.

Commissions of Investigation

Ceisteanna (104)

Peadar Tóibín

Ceist:

104. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage the number of commissions of investigation under the remit of his Department currently ongoing in the State; the cost of each commission to date; and the projected costs of each in tabular form. [23592/22]

Amharc ar fhreagra

Freagraí scríofa

There are no Commissions of Investigation currently underway concerning my Department.

Energy Infrastructure

Ceisteanna (105)

Eoin Ó Broin

Ceist:

105. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide an update on the interim guidelines for the installation of rooftop solar panels. [23603/22]

Amharc ar fhreagra

Freagraí scríofa

Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations. Included in the planning exemptions set out in the Regulations are those applying to the installation of solar infrastructure on a variety of building types, including houses, businesses, industrial and agricultural to which specific conditions are attached.

My Department, in the context of the Climate Action Plan and in consultation with the Department of Environment, Climate and Communications, has undertaken a review of the solar panel planning exemptions set out in the Regulations, with a particular focus on facilitating increased self-generation of electricity. This review is now complete. Substantial changes to the current planning exemption thresholds for solar panels are proposed, as well as the introduction of new classes of solar panel planning exemptions for apartments and educational/community/religious buildings.

In light of the need to appropriately address aviation safety concerns arising from the “glint and glare” impacts of solar panels and the easing of the solar panel planning exemption thresholds, the regulations will cover the vast majority of the land area of the country, with limited restriction zones around airports.

The draft regulations have been reviewed under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC and it has been determined that they are likely to have significant effects on the environment, necessitating the undertaking of a full SEA on the draft proposals. The formal SEA process commenced on 28 April 2022 with consultation with the statutory environmental authorities to inform the content of the Environmental Report. Following this statutory process, the SEA Environmental Report will be published alongside the draft regulations for a period of public consultation of not less than 4 weeks. This public consultation is expected to commence in the coming weeks. A copy of the draft regulations and the Environmental Report will be made available for inspection over this period. Written submissions or observations will be taken into consideration before finalisation of the draft regulation.

As required under planning legislation, the proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made and the SEA process concluded. Accordingly, the process for finalising the solar panel planning exemptions will be completed in the coming months.

While these regulations are being advanced, my Department is concurrently examining the scope to draft supplementary regulations to further expand the exemptions by way of reducing the proposed restriction zones around airports.

Local Authorities

Ceisteanna (106)

Patricia Ryan

Ceist:

106. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the action he will take on the Moorhead Report recommendation on devolution of more powers to local authorities; and if he will make a statement on the matter. [23624/22]

Amharc ar fhreagra

Freagraí scríofa

While Ms Sara Moorhead SC acknowledged in the foreword to her report 'Independent Review of the Role and Remuneration of Local Authority Elected Members', published in June 2020, that "there needs to be some structural reform to assist Councillors in the carrying out of their duty and perhaps more devolution to Local Government", there were in fact no recommendations made in relation to the devolution of functions to local authorities. Nor was this part of the terms of reference for her review.

Nonetheless, with regard to the devolution of further powers, it is logical to maximise local government potential as a vehicle of governance and public service. This strong local government role has been most recently demonstrated in the response to the Covid-19 pandemic and the current massive undertaking in relation to providing humanitarian support to those fleeing conflict in Ukraine.

The Programme for Government - Our Shared Future includes a commitment to making local government stronger, more accountable and more responsive to the communities it serves. Achieving this commitment will require an examination of the local government sector as both a local governance model and a public service delivery model.

In this regard, work is currently underway on the Review of Putting People First - Action Programme for Effective Local Government (2012) to assess the implementation of the 2014 reforms across the local government sector and to consider the potential for further devolved powers and other modernisations of the local government system. To this end, the Department has recently undertaken surveys to obtain the views of all local authority elected members and local authority chief executives.

Alongside this Review, an assessment of municipal districts to determine the supports and improvements required to enhance their operation is progressing.

An Interdepartmental Working Group to consider the implementation of the 2014 reforms across the local government sector will also be established this year.

The establishment of a directly elected mayor with executive functions for Limerick City and County Council will be a very significant reform of local government. Drafting of an appropriate Bill is at an advanced stage with a view to its publication in the current Dáil session.

Housing Schemes

Ceisteanna (107)

Patricia Ryan

Ceist:

107. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the average length of time spent on the social housing list in Kildare County Council; his plans to reduce these times; the number on the social housing list for each of the past 12 months and each month to date in 2022; and if he will make a statement on the matter. [23625/22]

Amharc ar fhreagra

Freagraí scríofa

Details on the number of households qualified for social housing support in each local authority administrative area and the length of time on waiting lists are provided in the annual statutory Summary of Social Housing Assessments (SSHA).

Below is the link to the summary report for 2021:

www.gov.ie/en/publication/f6119-summary-of-social-housing-assessments-2021-key-findings/

The SSHA exercise for 2022 will take place later in the year and the summary published in 2023.

The Housing for All strategy is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade, including an average of 10,000 social homes per annum from 2022-2030. It is anticipated that the new supply will further reduce the wait times for those on the social housing list.

Housing Schemes

Ceisteanna (108)

Patricia Ryan

Ceist:

108. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the number of applicants for Rebuilding Ireland home loans from County Kildare; the number that have been successful; the number that have been refused; and if he will make a statement on the matter. [23626/22]

Amharc ar fhreagra

Freagraí scríofa

The Local Authority Home Loan has only been available nationwide from local authorities since 4 January 2022. Prior to that, the Rebuilding Ireland Home Loan was the mortgage available from local authorities. As of 4 January 2022, no new Rebuilding Ireland Home Loan applications will be accepted, although applications/approvals already in process will be honoured. Therefore, information on both loan schemes is set out below.

The Housing Agency provides a central support service that assesses applications for the Rebuilding Ireland Home Loan, and its successor the Local Authority Home Loan scheme, on behalf of local authorities and makes recommendations to the authorities to approve or refuse applications. Data is collected separately for the Rebuilding Ireland Home Loan and the Local Authority Home Loan schemes.

Each local authority must have in place a credit committee and it is a matter for the committee to make the decision on applications for loans, in accordance with the Regulations establishing the scheme and the Credit Policy that under pins the scheme, having regard to the recommendations made by the Housing Agency.

The most recent figures provided by the Agency on the number of Rebuilding Ireland Home Loan and Local Authority Home Loan applications that it has underwritten for Kildare County Council from 2018 up to the end of February 2022 are set out in the below tables:

Rebuilding Ireland Home Loan

Year

Applications Underwritten

Applications Recommended for Approval

Applications Recommended for Decline

2018

173

87

86

2019

33

23

10

2020

126

53

73

2021

155

78

77

2022 (to 30/04/2022)

13

5

8

Local Authority Home Loan

Year

Applications Underwritten

Applications Recommended for Approval

Applications Recommended for Decline

2022 (to 30/04/2022)

30

12

18

My Department regularly publishes information on the number and value of (i) local authority loan approvals and (ii) local authority loan drawdowns. Local authority approval means that an official letter of offer has been sent to a borrower (and therefore relates to a specific property and loan amount).

Information on Local Authority drawdowns, approvals, average drawdowns, and average approvals to Q4 2021 is available at the following link, under the folder name 'Rebuilding Ireland Home Loan 2018 to date' which will be updated, as updated figures are available:

www.gov.ie/en/collection/42d2f-local-authority-loan-activity/#local-authority-loans-approvedpaid

As the Local Authority Home Loan is only for applications since 4 January, data on drawdowns is not yet available for this loan type. This link will be updated when information on the Local Authority Home Loan becomes available.

Local Authorities

Ceisteanna (109)

Patricia Ryan

Ceist:

109. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to chronic staff shortages at Kildare County Council; his plans to address same; and if he will make a statement on the matter. [23634/22]

Amharc ar fhreagra

Freagraí scríofa

While my Department has a role in strategic workforce planning with the local government sector, Section 159 of the Local Government Act 2001 provides that each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.

Accordingly, the staffing resources of Kildare County Council is a matter for the Chief Executive of that local authority.

However, Housing for All commits to strengthen the capacity of local authorities to initiate, design, plan, develop and manage housing projects and recognises that it requires the resourcing of housing services of local authorities. In this context, I approved funding for 250 posts for local authority housing teams to support the delivery of social housing. This includes 13 new posts for Kildare County Council.

Housing Policy

Ceisteanna (110)

Patricia Ryan

Ceist:

110. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if he will lift the cap on the ability of local authorities to purchase homes in cases in which there is a housing assistance payment or rental accommodation scheme supported tenant in situ; and if he will make a statement on the matter. [23635/22]

Amharc ar fhreagra

Freagraí scríofa

Housing for All, is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade. This includes the delivery of 90,000 social homes by 2030. Housing for All is supported by an investment package of over €4bn per annum, through an overall combination of €12bn in direct Exchequer funding, €3.5bn in funding through the Land Development Agency and €5bn funding through the Housing Finance Agency.

Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHB) and, with this, to reduce the numbers of social homes delivered through acquisition programmes. On 19 January my Department issued a circular letter to local authorities advising that social housing acquisitions by local authorities and AHB CALF acquisitions in 2022 would be focussed on a number of priority areas, as follows:

- One-bedroom units to deliver on Housing First and meet the short supply in this category;

- Other properties that allow persons/families to exit homelessness; and

- Specific housing required for/suitable for individuals with a disability or other particular priority needs;

Local authorities were also advised that limited acquisitions through the Capital Assistance Scheme will also be approved, subject to the available budget for specific vulnerable cohorts, such as housing for older people, accommodation for individuals and families who are homeless and for people with a disability.

On 20 April, a further circular letter issued to local authorities in relation to social housing acquisitions. The key purpose of this circular was to advise local authorities that I had reinstated the delegated sanction to local authorities in respect of social housing acquisitions which are: (i) in one of the priority categories set out in the January circular letter; (ii) are in line with acquisition cost guidelines; and (iii) can be completed during 2022. The reinstatement of delegated sanction will allow local authorities to respond more flexibility to secure acquisitions which support a household to exit or to prevent homelessness. It is a matter for individual local authorities to identify suitable acquisitions in line with local circumstances and their social housing allocations policy.

Departmental Funding

Ceisteanna (111)

Patricia Ryan

Ceist:

111. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if he will resource the Residential Tenancies Board to properly enforce the Government's rent regulations; and if he will make a statement on the matter. [23636/22]

Amharc ar fhreagra

Freagraí scríofa

The Residential Tenancies Board (RTB) was established as a quasi-judicial independent statutory body under the Residential Tenancies Acts 2004-2021 (RTA), to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. Registered landlords and all tenants can apply to the RTB for dispute resolution.

Section 134 of the RTA requires a landlord to apply to the RTB to register a tenancy of a dwelling within one month of its commencement. All private landlords, Approved Housing Bodies and providers of Student Specific Accommodation are required to register their tenancies with the RTB. This allows the RTB to collect and provide definitive data on the rental sector and for transparency across the rental sector through the public register of tenancies; thus, enabling a better understanding of the sector.

The RTB has registration enforcement powers to pursue landlords who have not complied with their obligation to register their tenancies. Failure to register is an offence which may result in a criminal conviction, a fine of up to €4,000 and/or up to six months imprisonment. The RTB, receives information from different sources regarding whether a tenancy is registered or not, including local authorities, members of the public, RTB checks and follow-ups and the Department of Social Protection.

The RTB has a dedicated Investigations and Sanctions unit to investigate certain potential breaches of rental law by a landlord referred to as improper conduct under Schedule 2 to the RTA, one of which is a failure to register a tenancy with the RTB within one month of the tenancy commencing. The Investigations and Sanctions Unit can initiate an investigation either as a result of information received from members of the public or as a result of information gathered from records that the RTB has access to under the RTA. If a landlord is found to have engaged in improper conduct, a sanction may be imposed on them by an independent decision maker which may comprise one or all of the following - a written caution, a financial penalty of up to €15,000 and a payment of up to €15,000 in respect of related RTB investigation costs.

In order to ensure that the RTB is fully resourced to deliver on its ever increasing mandate, I secured €11 million current funding for the RTB’s operational costs in 2022.

The RTB received sanction for an additional 41 staff since 2019 to ensure that its enhanced powers and the new legislative provisions are fully implemented and enforced. The authorised staff complement for the RTB is now 106.4 Whole Time Equivalents.

Under Housing for All, The Government will also facilitate increased enforcement of registration of tenancy requirements. Enforcement will be generally enhanced through measures such as the expansion of data-sharing arrangements between the Revenue Commissioners and the Residential Tenancies Board (RTB) to assist in enforcement of residential tenancy obligations.

My Department continues to engage with the RTB to guarantee that it has the funds and staffing that is required to carry out its role as a regulator of the rental sector.

Barr
Roinn