Written Answers Nos. 188-202
188. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage for an update on the progress of the implementation of recommendations for the Housing Adaptation Grant review in consultation with the Department of Housing; when will the review be published; and if he will make a statement on the matter. [25967/24]
View answerMy Department provides Exchequer funding to local authorities to administer the suite of Housing Adaptation Grants for Older People and People with a Disability, which support older and disabled people living in private houses to adapt their home to meet their needs. The grants include the Housing Adaptation Grant for People with a Disability, the Mobility Aids Grant and the Housing Aid for Older People Grant, which are 80% funded by my Department, with a 20% contribution from the resources of the local authority. The detailed administration of these schemes, including assessment, approval and prioritisation, is the responsibility of local authorities.
The Exchequer funding provision of €74.5 million for the Housing Adaptation Grants for Older People and People with a Disability scheme has been increased by €8 million for 2024. Local authorities were recently informed of their 2024 allocations with each local authority receiving an increase on the 2023 allocation, continuing the year on year increases since 2014.
My Department works closely with the local authorities to monitor spend and to achieve a full drawdown of available funding. This means that any underspends that arise on the part of any local authority can be redistributed to other authorities which have high levels of grant activity and the Department makes every effort to redistribute such funding throughout the year. My Department encourages all local authorities to ensure all applications on hand are processed to the degree possible for final payment to ensure optimal spend on their annual allocation. Whilst additional Exchequer funding may become available, the Council must provide the 20% match funding from their own resources therefore the Council is also managing the scheme within the resources allocated at the local level.
Housing for All commits to reviewing the Housing Adaptation Grants for Older People and People with a Disability scheme and a report on the review has been prepared by my Department. Among the areas which the review considered are the income thresholds that apply and the grant limits. My Department is engaging with the Department of Public Expenditure, NDP Delivery and Reform on the recommendations in the report with a view to bringing forward amendments to the relevant Regulations governing the schemes as soon as possible with a view to also publishing the final report.
189. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage if he is aware if local authorities in the State are compiling and maintaining registers of vacant properties, as distinct from registers of derelict properties, in their administrative area; if so, if his Department is advised of details of any such registers; and if he will make a statement on the matter. [25989/24]
View answerTackling vacancy is a key priority for this Government and Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock.
The Vacant Homes Action Plan, which I originally published in January 2023, built on Pathway 4 of Housing for All and set out the various actions that were being pursued to return vacant properties back into use as homes. I recently published an update on the Action Plan a year on which shows the significant progress that is being made and it is available on my Department's website.
The Derelict Sites Act 1990 imposes a general duty on every owner and occupier of land to take all reasonable steps to ensure that the land does not become, or continue to be, a derelict site. Under the Act, local authorities are required to maintain a derelict sites register.
A property can be placed on a local authority's derelict site register where it is deemed by a local authority to satisfy the criteria of a derelict site under the terms of section 3 of the Act i.e. (i) it is in a dangerous or ruinous condition; (ii) it is in a neglected or unsightly condition; or (iii) there is a presence of litter, waste or debris on the site. A property cannot be placed on the derelict site register of a local authority simply by being vacant.
While there is no register of vacant properties established in legislation, a Vacancy Survey project, supported by my Department, commenced in December 2022. The survey, which is carried out by local authorities, aims to gather data, granular and high level, on the number of vacant dwellings in each local authority area.
The survey provides local authorities with a database of vacant and derelict properties which can be updated on an ongoing basis. This database can then be used by local authorities to engage with property owners and work with them to bring those properties back into use. The initial survey work has now been completed by almost all local authorities.
Additionally, a CPO Activation Programme was launched by my Department in April 2023. The Programme supports a proactive and systematic approach by local authorities to the activation of vacant properties. It also includes guidance for local authorities to actively use their legislative powers to acquire vacant and derelict properties, where engagement with owners has been unsuccessful. My Department will report on the 2023 CPO Activation Programme targets in Q2 2024.
The CPO Activation Programme is supported by the €150 million Urban Regeneration and Development Fund (URDF). The fund supports local authorities in acquiring vacant and derelict properties for reuse and sale, using compulsory purchase powers where necessary. More than 1,200 vacant and derelict properties have now been identified and approved under Call 3 of the Fund, with an estimated residential yield of 5,406 homes. The fund will be replenished from the proceeds received from the sale or reuse of a site, allowing the local authority to establish a rolling programme to tackle vacancy.
The most efficient home to deliver is one which already exists. I firmly believe that the commitment this Government has made to addressing vacancy and dereliction will continue to play a vital role in delivering homes and revitalising local communities.
190. Deputy Joe McHugh asked the Minister for Housing, Local Government and Heritage the number of houses the Housing Authority has authorised for demolition under the defective blocks scheme; the number of houses the Housing Authority has authorised for outer-leaf replacement; the number of houses the Housing Authority has authorised for both outer- and inner-leaf replacement (not demolition); and if he will make a statement on the matter. [26017/24]
View answerI commenced the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 ('the 2022 Act') on 22 June 2023, which contains the enhanced grant scheme and adopted the related Regulations on 29 June 2023.
The detailed operation of the Scheme is a matter for the designated local authorities and the Housing Agency in the first instance. Their respective roles are set out clearly in the 2022 Act.
The Housing Agency acts as agent on behalf of the local authorities under the Enhanced Grant Scheme. Once a home has met the damage threshold for entry to the scheme, the Housing Agency engage its Framework Chartered Engineers to undertake the assessment, survey, sampling, testing and categorisation of the dwelling thereafter on a priority basis in accordance with the national standard I.S. 465:2018 and thereafter determine the appropriate remediation option and grant amount in accordance with the provision of the Act.
There are five remedial options available, and the table below sets out the position on the three remediation options referenced, under the DCB and the enhanced DCB Schemes as at 31 May, 2024.
|
Option Number |
Remediation Option Description |
Total Number |
|
Approved Remediation Option 1 |
Demolition of the entire relevant dwelling and reconstruction of the dwelling on the exact position on the land on which the relevant dwelling was situated before it was demolished. |
258 |
|
Approved Remediation Option 4 |
Demolish and rebuild external walls (outer leaf only) down to top of rising wall on a phased basis and re-render. |
13 |
|
Approved Remediation Option 2 |
Demolish and rebuild external walls (both outer and inner leafs) down to foundation on a phased basis and re-render. |
52 |
191. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage if his Department will consider measures to provide buy-back options for mortgage-to-rent tenants by way of a discount; and if he will make a statement on the matter. [26045/24]
View answerThe Mortgage to Rent (MTR) scheme was introduced in 2012. It offers households with acute, unsustainable mortgage arrears who have little or no prospect of a significant change in circumstances, the chance to surrender a property to a lender and in turn become a social housing tenant whilst staying in their own home and community.
The MTR scheme is targeted at those households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP), and who have very limited options, if any, to meet their long-term housing needs themselves.
The MARP is a framework that sets out rules for how lenders must deal with borrowers when they fall into mortgage arrears or are in pre-arrears. It forms a major part of the Code of Conduct on Mortgage Arrears (CCMA) which is a statutory code set out by the Central Bank of Ireland. The CCMA and the MARP can be found in full on the Central Bank’s websitecentralbank.ie/consumer-hub/explainers/how-does-the-central-bank-protect-me-if-i-cant-pay-my-mortgage .
Within the MARP framework there are many potential resolutions for borrowers in mortgage arrears, once they are engaging with their lender. The appropriate solution for each borrower will depend on their personal financial circumstances. If it has been determined that a borrower has no other possible resolution to their mortgage arrears situation once they have worked through the MARP process with their lender, they can then turn to the MTR scheme to see if they meet the eligibility criteria.
If an individual who has successfully gone through the MTR scheme can subsequently obtain the finance for the purchase, they can buy the property back after 5 years. The price the individual will pay for the property at this time, will be the open market value at the time the purchase back is being undertaken or the price the buyer paid for the property, including costs with a clawback applied (the value of which relates to time between the buyer purchasing it and the individual buying it back).
There are currently no plans in place to change the existing structure of the buy-back element of the MTR scheme. It is not anticipated that there will be a significant number of individuals availing of the buy back option because, as stated , the MTR scheme is targeted at those borrowers with little or no prospect of a significant change in their financial circumstances.
The two buyback options available for MTR properties are set out in full in the document 'A Guide to the Mortgage to Rent Scheme' which is available at the following link: mortgagetorent.ie/wp-content/uploads/2024/05/MTR-Guide-04_01_2023-PDF-Updated-for-VAT-02.05.24.pdf .
192. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage the funding allocated under the social housing current expenditure programme and other funding programmes to deliver the target of 9,300 new-build social homes in 2024; and if he will make a statement on the matter. [26111/24]
View answerBudget 2024 provides for continued record investment in Housing with €4.25 billion in Exchequer funding for the delivery of housing programmes, comprising capital funding of €2.6 billion and current funding of €1.5 billion. The Capital provision of €2.6 billion will be supplemented by Land Development Agency (LDA) investment and Housing Finance Agency (HFA) lending resulting in an overall capital provision of over €5 billion in 2024.
The funding provision will support over 29,000 additional households in 2024, through meeting the social housing needs of over 23,000 households, including 9,300 new build social homes and supporting a further 6,400 households to buy or rent at an affordable price.
Social housing construction is delivered and funded through a range of Local Authority and Approved Housing Body (AHB) delivery streams, i.e. direct construction, Turnkey developments, Part V, Public Private Partnership and Regeneration programmes.
Details of the 2024 budgetary allocations for all capital and current housing programmes, including for the delivery of new social homes, is set out in the 2024 Revised Estimates Volume (REV) which can be accessed at the following link:
gov.ie - The Revised Estimates Volumes for the Public Service (gov.ie)
Additional details in respect of the funding of Housing programmes in 2024, including allocations and targets, is also available in the Budget 2024 Expenditure Report which can be accessed at the following link:
gov - Budget 2024: Expenditure Reports (gov.ie)
193. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage to provide a breakdown of the fines issued against his Department by the Court of Justice of the European Union for the period 2010 to date; and if he will make a statement on the matter. [26137/24]
View answerMy Department continues to put in place the necessary measures to ensure the full transposition, implementation and enforcement of EU environmental law in Ireland.
For matters that fall within the policy remit of my Department, the table below sets out detail of cases where the Court of Justice of the European Union (CJEU) has handed down judgments and imposed penalties in relation to the transposition or implementation of EU legislation over the period from 2010 to date.
|
Year |
CJEU Case |
Total Paid |
Payment details |
|
2012 |
C-374/11 - Failure to fulfil obligations under Directive 75/442/EEC, as amended. |
€1.5m |
Lump sum fine imposed of €1.5m - paid March 2013. |
|
2012 |
C-279/11 - Incorrect transposition of Directive 85/337/EEC, as amended. |
€2.648m |
Lump sum fine imposed of €2m - paid March 2013. Daily fines totalling €648,000 paid April 2013. |
|
2019 |
C-261/18 - Non-compliance with Directive 85/337/EEC, as amended. (Derrybrien Windfarm). |
€17.225m |
Lump sum fine imposed of €5m – paid January 2020. Daily fines totalling €12.225m paid up to 4 February 2022, when it was confirmed that compliance with the Judgment was met. |
194. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of prosecutions that have taken place for failure to make the necessary improvements in the past ten years in relation to improvement and prohibition notices, broken down by year; the fine that was imposed; if a custodial sentence was given; and if he will make a statement on the matter. [26157/24]
View answer195. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if successful claims for compensation have taken place due to inaction in making necessary repairs as instructed by either an enforcement notice or a prohibition notice in relation to improvement and prohibition notices; if so, the number of claims that have taken place; the average compensation awarded; and if he will make a statement on the matter. [26160/24]
View answerI propose to take Questions Nos. 194 and 195 together.
The standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019. Responsibility for the enforcement of the Regulations in the private rental sector rests with the relevant local authority.
If a property has been found to be non-compliant with the Regulations, it is a matter for the local authority to determine what action is necessary and appropriate. They can issue an Improvement Letter or serve an Improvement Notice. In most cases they opt for the former. Under sections 18A and 18B of the Housing (Miscellaneous Provisions) Act 1992, a housing authority may serve an Improvement Notice or Prohibition Notice, respectively, where a property is found to be non-compliant. Failure to comply with the standards can result in penalties and prosecution.
Where a new tenant moves into a property in respect of which an Improvement Notice had previously been served on the landlord, that Improvement Notice remains in force until non-compliant issue are addressed. Where a landlord fails to comply with an Improvement Notice, the local authority may serve a Prohibition Notice (which directs that a dwelling cannot be re-let until all contraventions are remedied) and may consider instituting legal proceedings. These are very seldom required.
Under Section 34 of that Act, any person who by act or omission contravenes the Regulations, fails to comply with an improvement notice, or re-lets a house in breach of a prohibition notice, will be guilty of an offence and will be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both. If the contravention, failure to comply or re-letting is continued after conviction, the person will be guilty of a further offence on every day on which the contravention, failure to comply or re-letting continues and for each such offence will be liable, on summary conviction, to a fine not exceeding €400 per day.
My Department has no operational role in relation to enforcement matters under these regulations, and it is a matter for each local authority to publish statistical information on enforcement matters, and I have no proposals to change these arrangements at present.
The Government is committed to ensuring that a stock of high quality accommodation is available for those who live in the private rented sector. Housing for All sets a target of 25% for the inspection of all private residential tenancies from 2021. A total of €9 million in Exchequer funding is being made available by my Department to local authorities this year to help them meet their private rental inspection targets.
Local authorities conducted over 49,000 inspections of private rented dwellings in 2022 and an all-time high of over 63,500 in 2023. Annual data in respect of the level of inspection and enforcement activity by each local authority is available on my Department's website at the following link: gov.ie/en/publication/da3fe-private-housing-market-statistics/#private-rented-inspections
The Residential Tenancies Board (RTB) was established as quasi-judicial, independent statutory body under the Residential Tenancies Acts 2004-2022 (RTA) to operate a national tenancy registration system and to resolve disputes between landlords and tenants. Tenants may refer a dispute under Part 6 of the Residential Tenancies Acts 2004 – 2022 to the RTB for resolution where a landlord has failed to adhere to their obligations under section 12.
196. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage the availability of grants for the refurbishment of septic tanks; and if he will make a statement on the matter. [26172/24]
View answerThe policy of providing grant funding to households for work on Domestic Waste Water Treatment Systems (DWWTS), including septic tanks, arises from the need to address damage being done to water quality in sensitive areas in particular.
Three separate grants are available to provide financial assistance to householders to repair or upgrade their defective DWWTS. The grants are focused on the areas of greatest environmental priority and are available only in circumstances relating to risks to water quality and/or human health and the environment, and are not general in application.
Householders can avail of a grant where their DWWTS has been found to be defective following an inspection by the local authority or if located in a designated area of greatest environmental priority. Modifications to the conditions and amount of the grants available came into effect from 1 January 2024 following a review of the scheme.
Further details are available on my Department's website atgov.ie/en/publication/6cc1e-domestic-waste-water-treatment-systems-septic-tanks/
197. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of fire incidents across the State, by county, in tabular form; and if he will make a statement on the matter. [26216/24]
View answer198. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of fire incidents in buildings 11 metres or higher across the State, by county, in tabular form; and if he will make a statement on the matter. [26217/24]
View answer208. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of deaths attributed to fire across the State, by county; and if he will make a statement on the matter. [26227/24]
View answerThe provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Services Act, 1981. My Department supports fire authorities through setting general policy and national standards, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding support for equipment and priority infrastructural projects.
There has been a welcome downward trend in the incidence of fire, with the fire fatality rate per million of population, using a three year average, currently at 3.9 deaths per million of population. While each death is one too many, this figure is a third of what it was twenty years ago when it stood at 12.9 deaths per million of population. That level of fire fatalities positions Ireland among countries with very low fire fatality rates.
The number of fire fatalities recorded in Ireland in 2023 was 17 and the number recorded so far this year is 10.
While data in respect of buildings over 11 metres is not available in my Department, a significant range of fire safety statistics collected by my Department are available at the following link, where 2023 statistics will be made available shortly:
gov - Fire Statistics (www.gov.ie)
199. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if a fire safety audit of all buildings above 11 metres has been conducted; if so, the methodology used in the audit; and if he will make a statement on the matter. [26218/24]
View answer200. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if a fire safety audit of public buildings hospitals, schools, civic buildings, sports stadiums, and so on above 11 metres has been conducted; if so, the methodology used in the audit; and if he will make a statement on the matter. [26219/24]
View answer201. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of buildings 11 metres or above across the State, by county, in tabular form; and if he will make a statement on the matter. [26220/24]
View answerI propose to take Questions Nos. 199, 200 and 201 together.
Under Section 18(2) of the Fire Services Acts, 1981 & 2003, there is a standing obligation on the “person having control” of the premises to ensure appropriate measures for fire safety are in place at all times. In addition, the design and construction of buildings is regulated under the Building Control Acts 1990 to 2020 with the primary responsibility for compliance to all aspects of the Building Regulations, including fire safety, resting with the designers, builders and owners of buildings.
The person having control of a building is legally required to make provision for fire safety on the premises. The person having control should ensure at all times that necessary reasonable fire safety measures and procedures are in place. If the person having control of a building requires advice with respect to fire safety systems, they should engage the relevant competent persons. My Department has published guidance for persons with obligations under Section 18(2) of the Fire Services Act 1981 which is available at: gov.ie/en/publication/c0b05-fire-safety-guide-for-building-owners-and-operators/
The local fire authority may give advice in relation to fire safety to the owner or occupier of any premises or to any person having control over any premises.
Where necessary, a full fire safety assessment of the provisions for fire safety in the premises may be required. Guidance on fire safety assessment and suitable qualifications for those engaged by the person having control to carry out such an assessment is available in the “Code of Practice for fire Safety Assessment of Premises and Buildings” published by this Department – available here: gov.ie/en/publication/354c8-code-of-practice-for-fire-safety-assessment-of-premises-and-buildings/
Inspection and enforcement of the provisions of the Fire Services Act and Building Regulations are functions of the 31 local authorities, who have a suite of enabling and enforcement powers under both legislative codes.
Regarding the request for the number of buildings 11 metres or above, my Department does not hold the requested information, which may be available from individual local authorities.
202. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage his plans to amend the fire safety part B regulations; and if he will make a statement on the matter. [26221/24]
View answer203. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the proportion of buildings 11 metres or above that have utilised any alternative routes to compliance with the part B fire safety regulations (details supplied); and if he will make a statement on the matter. [26222/24]
View answer204. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will remove any alternative routes to compliance with the part B fire safety regulations (details supplied); and if he will make a statement on the matter. [26223/24]
View answer205. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will remove the class 0 classification from the part B fire safety regulations; and if he will make a statement on the matter. [26224/24]
View answer206. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will ban combustible materials on the façade of buildings 11 metres or above; and if he will make a statement on the matter. [26225/24]
View answer207. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will ban combustible materials on the roof of buildings 11 metres or above; and if he will make a statement on the matter. [26226/24]
View answer209. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of buildings 11 metres or above across the State, by county, that are in breach of the fire safety regulations, in tabular form; and if he will make a statement on the matter. [26228/24]
View answerI propose to take Questions Nos. 202, 203, 204, 205, 206, 207 and 209 together.
The Building Regulations set out minimum standards for the design and construction of buildings and works to ensure the health and safety of people in and around buildings. They are subject to ongoing review in the interests of safety and the well-being of persons in the built environment, and to ensure that due regard is taken of changes in construction techniques, technological progress and innovation.
Following the completion of a comprehensive review of Part B of the Building Regulations dealing with fire safety, I signed the Building Regulations (Part B Amendment) Regulations 2024 on 26 March 2024. These Regulations amend Part B (Fire Safety) of the Second Schedule to the Building Regulations 1997 to update fire safety requirements for buildings other than dwelling houses and apply from 1 May 2025 subject to the transitional arrangements cited. To accompany the Regulations, I have published Technical Guidance Document B 2024 – Fire Safety - Volume 1: Buildings other than dwelling houses (TGD B 2024) on my Department’s website.
As part of the Building Regulations (Part B Amendment) Regulations 2024 and the associated TGD B 2024, the provisions relating to fire safety in buildings has been strengthened. In response to the question regarding classifications, the Class 0 fire safety classification has been removed for all new buildings, extensions, and new materials added to buildings. In addition, the provisions relating to external fire spread on façades for buildings greater than 15m to the topmost floor have been strengthened. The façade must be composed throughout of materials that meet a Class A2-s3,d2 material, or have passed a full scale test. Fire classifications for roofs have also been updated, with performance now aligned to the European classification method. Article 7(3) of the Building Regulations permits the application of alternative approaches, provided that the requirements of the Building Regulations (in this case, Part B4) has been met. In this regard, my Department has published an Information Note on Alternative Approaches to Demonstrate Compliance with the Building Regulations, which is available on my Department’s website.
In regard to the number of buildings 11 metres or above across the State that are in breach of the fire safety regulations, enforcement of the Building Regulations is delegated under the Building Control Acts 1990 – 2020 to the local building control authorities (i.e. the 31 local authorities) who are independent in the exercise of their statutory powers.
