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Tuesday, 9 May 2023

Written Answers Nos. 318-335

Vacant Properties

Ceisteanna (318)

Michael Healy-Rae

Ceist:

318. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage when funding will be given through the Government scheme to refurbish over 200 vacant local authority homes in County Kerry; and if he will make a statement on the matter. [21059/23]

Amharc ar fhreagra

Freagraí scríofa

The management and maintenance of local authority housing stock, including pre-letting repairs to vacant properties, the implementation of a planned maintenance programme and carrying out of responsive repairs, are matters for each individual local authority under Section 58 of the Housing Act 1966. 

Notwithstanding this, my Department provides annual funding support to local authorities in preparing vacant units for re-let under the Voids Programme. This funding was introduced originally to tackle long term vacant units and is now increasingly targeted to support authorities to ensure minimal turnaround and re-let times for vacant stock. 

From 2014 to 2022, expenditure of some €290 million was recouped to local authorities under the Voids Programme which funded the return to active use of 20,834 properties nationwide. Local authorities also provide significant funding from their own resources to address the level of vacancy within the social housing stock. 

My Department will continue to support local authorities in their work in this area this year and allocations for the Voids Programme in 2023 have issued to all local authorities.  

My Department will provide €31 million in funding to support the return of 2,300 vacant local authority homes this year. Of this, €616,000 has been allocated to Kerry County Council to remediate 56 vacant properties and €155,142 has been allocated for Planned Maintenance. There will be an opportunity following a review mid-year for local authorities to add additional properties to the Programme of Works, subject to available funding. Kerry County Council can also remediate vacant properties through their own resources.  With regard to the properties which are selected to be remediated through the Voids Programme, this is a matter for each individual local authority, which would be Kerry County Council in this case. 

It is important to note that given the very significant investment into the Voids Programme over recent years my Department and local authorities are working to transition from a largely response and voids based approach to housing stock management and maintenance, to a planned maintenance approach in line with Action 17.4 of the Housing for All Action Plan Update (November 2022). 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.

Fire Safety

Ceisteanna (319)

Patrick Costello

Ceist:

319. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage if he will provide an update on the review of the Part B (fire safety) of the building regulations; and if he will make a statement on the matter. [21077/23]

Amharc ar fhreagra
Awaiting reply from Department.

Fire Safety

Ceisteanna (320)

Patrick Costello

Ceist:

320. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage if he will provide an update on the review of the Part B (fire safety) of the building regulations; and if he will make a statement on the matter. [21077/23]

Amharc ar fhreagra

Freagraí scríofa

The public consultation on proposed amendments to Part B of the Building Regulations and the associated Technical Guidance Document relating to fire safety closed on 21 April 2023. 163 submissions were received and these are currently being examined by my Department. In line with Action 21.1 of the Housing for All Action Plan Update, the review of Part B of the Building Regulations (Fire Safety) is due to be completed and published in Q4 2023.

Information and Communications Technology

Ceisteanna (321)

Ciarán Cannon

Ceist:

321. Deputy Ciarán Cannon asked the Minister for Housing, Local Government and Heritage if officials from his Department are using an application (details supplied) to conduct business; if his Department has had official meetings regarding the use of the application by officials; if his Department has assessed the risk of using the application by Department officials and the input of Government-related data into the application; if his Department is using or is considering using other forms of artificial intelligence; if his Department is considering banning the use of the application by Department officials; and if he will make a statement on the matter. [21096/23]

Amharc ar fhreagra

Freagraí scríofa

My Department does not use ChatGPT to conduct business. As with all new technologies, my Department is assessing the potential of Artificial Intelligence (AI) in the delivery of services.

My Department does not comment on operational security matters as it would be inappropriate to disclose information that may in any way assist those with malicious intent. I can say however that my Department has policies in place to cover social media usage.

My Department also continues to work closely with the National Cyber Security Centre (NCSC) which encompasses the State's national/governmental Computer Security Incident Response Team (CSIRT-IE).

National Monuments

Ceisteanna (322)

Cian O'Callaghan

Ceist:

322. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will provide details of the steps that must be taken for a structure or site to gain national monument status; and if he will make a statement on the matter. [21104/23]

Amharc ar fhreagra

Freagraí scríofa

Under section 2 of the National Monuments Act 1930 a “national monument” is defined (in summary) as any monument the preservation of which is a matter of national importance by reason of the historical, architectural, traditional, artistic, or archaeological interest attaching to it, and also includes the site of the monument and the means of access thereto and also such portion of land adjoining such site as may be required to fence, cover in, or otherwise preserve from injury the monument or to preserve the amenities thereof. Where the Minister is satisfied that a monument meets the above definition, he or she may exercise a number of powers under the National Monuments Acts 1930 to 2014 in relation to the national monument, including the making of a Preservation Order in relation to the national monument in a case where the national monument is in danger, taking the national monument into his or her Guardianship and acquiring the national monument.

Departmental Funding

Ceisteanna (323, 324)

Michael Ring

Ceist:

323. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage the amount of funding each local authority gave to an organisation (details supplied) in each of the past five years, in tabular form; and if he will make a statement on the matter. [21105/23]

Amharc ar fhreagra

Michael Ring

Ceist:

324. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage if he will outline the funding provided to an organisation (details supplied) by his Department for each of the past five years, in tabular form; and if he will make a statement on the matter. [21106/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 323 and 324 together.

Under the Local Government Act 2001, as amended, local authorities may make annual contributions to the funds of the Local Authority Members' Association. Such contributions are a matter for each local authority. My Department does not set the amounts of those contributions, and does not hold the information sought. In addition, my Department does not provide funding to the Local Authority Members' Association.

Question No. 324 answered with Question No. 323.

Housing Provision

Ceisteanna (325)

Eoin Ó Broin

Ceist:

325. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will discuss with the Minister for Justice the issue of owner management company contracts and private owner leases in multi-unit developments preventing the sale of private apartments to local authorities for use as social housing, including through the tenant-in-situ scheme; if he will determine whether this may act as a barrier to the tenant-in-situ scheme; and, if so, if he will agree how best to remove this barrier with the Minister for Justice. [21168/23]

Amharc ar fhreagra

Freagraí scríofa

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 (AHBs).

For 2023, the Government has agreed that there will be increased provision for social housing acquisitions and my Department will fund local authorities to acquire up to 1,500 social homes. The additional acquisitions will be focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property. My Department issued a circular letter to all local authorities in March, setting out details of these arrangements and each local authority was provided with a provisional allocation for social housing acquisitions in 2023. This allocation will be kept under review.

There is extensive engagement between my Department and the local authorities on delivering social housing acquisitions. I have also established a Cross-Sectoral Group focused on supporting the acquisition programme and this Group is considering issues that are being encountered by local authorities. The issue of Owner Management Companies and private owner leases preventing the sale of a property to a local authority has not been reported as barrier by any of the local authorities. However, I am aware of media coverage of one specific case any my Department will keep this issue under review.

Housing Provision

Ceisteanna (326)

Eoin Ó Broin

Ceist:

326. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the reason for the delay in granting approval by his Department both for the three Part V units to be purchased by Louth County Council and the 18 turnkey units to be purchased by North and East Housing Association at Clós Émer, Saltown, Dundalk, County Louth; and the reason for the very long delay in granting cost approval for these much-needed social homes. [21171/23]

Amharc ar fhreagra
Awaiting reply from Department.

Legislative Reviews

Ceisteanna (327)

Carol Nolan

Ceist:

327. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if he will list all reviews of Acts carried out by his Department in line with the provisions of the Act in question from 2000 to date; if a summary will be provided of any substantive amendments of the Act in question that occurred on foot of each review and the amending legislation, if any, in each case; and if he will make a statement on the matter. [21187/23]

Amharc ar fhreagra

Freagraí scríofa

The information requested is being compiled and will be forwarded to the Deputy in accordance with Standing Orders.

The following deferred reply was received under Standing Order 51.

Title of the Act

Date of Review

Summary of any Substantive Amendments of the Act

Amending Legislation

Title of the Act

Date of Review

Summary of any Substantive Amendments of the Act

Amending Legislation

Housing Act 1988

2022

Housing (Miscellaneous Provisions) Bill 2023 proposes to amend sections 2 and 10 of the Act in order to better enable local authorities to tackle homelessness

Housing (Miscellaneous Provisions) Bill 2023

Residential Tenancies Act 2004 (as amended by the Residential Tenancies (Amendment) Act 2019)

2022

Part 11 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 amends the Residential Tenancies Act 2004 by providing for an increase to the notice periods for the termination of certain tenancies.

Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Fire Services Act 1981

2003

The Licensing of Indoor Events Act 2003 amends Part III of the Fire Services Act 1981 to encompass,

- Amendments in relation to an updated definition of a building

- Amendments in relation to offences and penalties

- Amendments in relation to general obligations with regard to fire safety, including new provisions of enforcement powers

- New provisions in relation to fire safety guidance and codes of practice

Licensing of Indoor Events Act 2003

Departmental Properties

Ceisteanna (328)

Holly Cairns

Ceist:

328. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage if he will clarify whether his Department owns a site (details supplied). [21241/23]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that my Department does not own the site at Rosscarbery Playground, Rosscarbery Co. Cork 51.57909834945283, -9.028955329525367.

Housing Schemes

Ceisteanna (329)

Aindrias Moynihan

Ceist:

329. Deputy Aindrias Moynihan asked the Minister for Housing, Local Government and Heritage the funding allocation by his Department and by both Cork City Council and Cork County Council under the housing adaptation grant funding for the years 2016 to 2023, inclusive, in tabular form; and if he will make a statement on the matter. [21245/23]

Amharc ar fhreagra

Freagraí scríofa

My Department provides funding under the suite of Housing Adaptation Grants for Older People and People with a Disability, to assist people in private houses to make their accommodation more suitable for their needs. The suite of grants include the Housing Adaptation Grant for People with a Disability (max grant €30,000), the Mobility Aids Grant (max grant €6,000) and the Housing Aid for Older People (max grant €8,000). The detailed administration of the grants including their assessment, approval and prioritisation, is the responsibility of each local authority.

Details of the allocations for 2023, including for both Cork City and County Councils, are available on my Department's website at the following link:

www.gov.ie/en/press-release/685d6-12300-older-and-disabled-people-to-benefit-from-83m-housing-adaptation-grant-funding/

Details of the allocations and drawdown for 2016-2022, including for both Cork City and County Councils are available on my Department's website at the following link:

www.housing.gov.ie/housing/statistics/social-and-affordble/other-local-authority-housing-scheme-statistics

These allocations are matched by a 20% contribution from the resources of the local authority.

Planning Issues

Ceisteanna (330)

Catherine Murphy

Ceist:

330. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will clarify whether there is provision in the planning and development Acts, or in regulations made thereunder, that allow for the change of use of a house that is included in both the planning authority's Register of Protected Structures under section 51 of the Planning and Development Act 2000, and his own Department's National Inventory of Architectural Heritage, where the planning authority has made a determination under section 5 of the Planning and Development Act 2000 that such change of use requires planning permission but no such permission has been obtained. [21254/23]

Amharc ar fhreagra

Freagraí scríofa

Under the Planning and Development Act, 2000, as amended (the Act), all development, including a material change of use, unless specifically exempted under the Act or associated Regulations, requires planning permission. Enforcement of planning control is a matter for the local planning authority concerned.

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.

If a person wishes to establish whether or not planning permission is required for a particular development, or whether it is or is not exempted development, they can seek a declaration in this regard from their local statutory planning authority under Section 5 of the Act. The relevant planning authority is required to make a declaration on the question raised within 4 weeks of receipt of the request which shall be issued to the person who made the request and, where appropriate, to the owner and occupier of the land in question. Where a declaration is so issued by the relevant planning authority, any person issued with such a declaration may, on payment to An Bord Pleanála of such fee as may be prescribed, refer the question for decision to the Board within 4 weeks of the date of issue of the declaration by the local planning authority. Where no such referral is made to the Board, the section 5 declaration by the local planning authority stands.

Under section 57(1) of the Act, the carrying out of works to a protected structure shall be exempted development only if those works would not materially affect the character of the structure or any element of - (a) the structure, or (b) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.

In this regard, section 57(2) of the Act further provides that an owner or occupier of a protected structure may make a written request to the planning authority, within whose functional area the structure is situated, to issue a declaration as to the type of works which it considers would or would not materially affect the structure or of any element of that structure. Section 57(3) of the Act provides that a planning authority is required to issue such a declaration to the person who made the request within 12 weeks of the receipt of any such request.

Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Board is or may be concerned, except in very specific circumstances, which do not apply in this case. This includes any enforcement issue.

Rental Sector

Ceisteanna (331)

Steven Matthews

Ceist:

331. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the report by the Economic and Social Research Institute regarding the split-incentive problem, namely, that incentives to invest in energy efficiency upgrades are misaligned between landlords and tenants in the residential rental market; the expected timeline for completion of this report; and if he will make a statement on the matter. [21257/23]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed under Housing for All to developing a roadmap to implement minimum Building Energy Rating (BER) standards, or ‘Cost Optimal’ equivalent, for the private rental sector beginning in 2025. This action is a key plank of Government policy in regard to both improving the quality of housing stock available to rent and in meeting our overall national climate targets in relation to emissions reduction. It will increase energy efficiency, help to alleviate fuel poverty, help to protect tenants' health and improve comfort levels in rental homes. Work in this area, which will support the objectives set down in the Government’s Climate Action Plan, is ongoing and on schedule. It will be underpinned in the first instance by detailed research currently being undertaken by the ESRI in partnership with my Department. The primary focus of this research is the split-incentive effect with respect to energy upgrades in the rental sector. I expect this research to be completed this year.

Housing Provision

Ceisteanna (332)

Eoin Ó Broin

Ceist:

332. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he is aware of a stalled development of homes, some of which are intended for use as social housing (details supplied); if the council involved has made attempts to engage with the developer regarding a solution; if so, if he will indicate the outcome of that engagement; and if not, what other action is being taken to ensure the properties are completed and used as intended at the earliest opportunity. [21297/23]

Amharc ar fhreagra

Freagraí scríofa

I am aware that the development referred to has been stalled and understand that the developer has a current legal action against the local authority.

Given the current legal action, it would not be appropriate for me to comment further on the matter.

Tax Credits

Ceisteanna (333, 336, 337)

Eoin Ó Broin

Ceist:

333. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the way in which the extension of the €14,000 rent a room tax credit to social housing tenants will interact with their differential rent both in terms of how the income of the licensee will be treated and how the additional income to the social housing tenant will be treated for the purposes of determining their differential rent. [21298/23]

Amharc ar fhreagra

Louise O'Reilly

Ceist:

336. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if the changes announced to the rent-a-room scheme, to allow council tenants to be eligible for the scheme, will also apply to tenants in approved housing body tenancies. [21392/23]

Amharc ar fhreagra

Carol Nolan

Ceist:

337. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if he will provide an update on proposals to permit council tenants to rent out rooms in their houses for up to €14,000 a year, tax-free; and if he will make a statement on the matter. [21402/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 333, 336 and 337 together.

The Government recently agreed to extend the Rent-a-Room Relief scheme disregard to social welfare recipients, extend the disregard into medical card criteria, and permit local authority tenancies access the scheme.

The specific details of the scheme for social housing tenancies are currently being considered by my Department. This includes addressing the range of practical, operational, and legal matters arising, such as managing social housing waiting lists, amending tenancy agreements, reviewing and amending rent schemes, and local authority approval arrangements.

I intend to bring proposals to Government as soon as the full range of matters are adequately addressed and proposals finalised.

Vacant Properties

Ceisteanna (334)

Pádraig O'Sullivan

Ceist:

334. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage when his Department will send details to local authorities on the update for Croí Cónaithe funding levels, up €70,000; when he expects the change to be fully operational; and if he will make a statement on the matter. [21303/23]

Amharc ar fhreagra

Freagraí scríofa

The Vacant Property Refurbishment Grant is being expanded from 1 May to build on the success of the scheme to date and further increase the number of vacant and derelict properties brought back into use. Details of the expansion are as follows:

1. The inclusion of one property which will be made available for rent, by the owner, in addition to one grant for a property which will be a principal private residence of the applicant i.e. a maximum of two applications for a grant will be available;

2. Changing the eligibility date, which is currently 1993 for the build date, to include vacant and derelict properties built up to and including 2007; and

3. Increase of the current maximum grant rates from €30,000 to €50,000 for vacant properties and from €50,000 to €70,000 for derelict properties.

My Department has updated the scheme documentation, which is available on my Department’s website at the following link: www.gov.ie/en/service/f8f1b-vacant-property-refurbishment-grant/#documents. Revised guidance, including a circular, has issued to local authorities.

Hedge Cutting

Ceisteanna (335)

Holly Cairns

Ceist:

335. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on offering greater protection to hedgerows as important habitats, including restrictions on hedgerow removals; and if he will make a statement on the matter. [21344/23]

Amharc ar fhreagra

Freagraí scríofa

My Department is currently conducting a review of wildlife legislation. This is an extensive review and is a multi-year project, taking in every facet of our wildlife laws. It will entail extensive public consultation. It will examine closely the effectiveness of our legislation in protecting wildlife and regulating activities that adversely impact on wildlife and biodiversity. The protection afforded to hedgerows under this legislation is one of the issues that will be closely examined as part of this project.

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