Written Answers Nos. 601-620
601. Deputy Pat Buckley asked the Minister for Housing, Local Government and Heritage whether his Department has assessed the impact of enhanced security of tenure provisions on properties that may be required to be sold within a short timeframe due to obligations under the nursing home support scheme or estate administration; and if he will publish any such assessment. [5433/26]
View answer602. Deputy Pat Buckley asked the Minister for Housing, Local Government and Heritage whether he accepts that the requirement to sell properties with tenants in situ may significantly diminish the value of estate assets, thereby placing executors in breach of their fiduciary duty to protect the value of estates; and whether this issue will be addressed in the context of tenancy law reform. [5434/26]
View answer603. Deputy Pat Buckley asked the Minister for Housing, Local Government and Heritage whether his Department will issue clear guidance for families and executors managing properties subject to nursing home support scheme loans, to ensure that compliance with tenancy legislation does not prevent compliance with legal obligations to repay State loans or distribute estates; and if he will make a statement on the matter. [5435/26]
View answer604. Deputy Pat Buckley asked the Minister for Housing, Local Government and Heritage whether he will commit to a review of residential tenancy legislation as it applies to properties tied to nursing home support scheme loans and estate administration, with a view to introducing targeted exemptions or safeguards for affected families; and the timeline for such a review. [5436/26]
View answer646. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to concerns related to the new rental legislation that is coming into effect on 1 March 2026 in relation homes that are rented out to support the care of the owner in a nursing home (details supplied); the actions he will take to ensure that this matter is addressed prior to the regulations coming into effect; and if he will make a statement on the matter. [6030/26]
View answerI propose to take Questions Nos. 601 to 604, inclusive, and 646 together.
I refer the Deputy to the reply to Question No. 99 of 14 January 2026. The position remains unchanged.
605. Deputy Conor Sheehan asked the Minister for Housing, Local Government and Heritage if he will expand the scope of the septic tank grants from local authorities to cover larger geographical areas in order for more rural homeowners to avail of it; and if he will make a statement on the matter. [5466/26]
View answer606. Deputy Conor Sheehan asked the Minister for Housing, Local Government and Heritage if a homeowner can request an inspection of their septic tank by local authorities if they believe it to be non-compliant; and if he will make a statement on the matter. [5467/26]
View answerI propose to take Questions Nos. 605 and 606 together.
Grant assistance is available in specific circumstances where defective Domestic Waste Water Treatment Systems, including septic tanks, pose a significant risk to the environment or public health.
Grants are targeted at priority areas, such as where a system has failed an inspection under the National Inspection Plan and an Advisory Notice has been issued, or where a dwelling is located in a designated area particularly vulnerable to the impacts of defective systems.
A review of the grant scheme has been conducted, including consideration of additional areas identified as priority areas, and I will consider the recommendations and make a decision on any changes shortly.
Property owners remain responsible for ensuring their septic tank functions safely and does not pose a risk to human health or the environment.
608. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage his views on whether the Rental Tenancy Board has sufficient powers to support landlords that are seeking to recoup rent arrears from tenants that have vacated their property; and if he will make a statement on the matter. [5494/26]
View answer609. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage the position regarding any review of existing powers of the Rental Tenancy Board that would seek to give the organisation greater powers to enforce rental regulations; and if he will make a statement on the matter. [5495/26]
View answer610. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage his views on whether it is appropriate for the Rental Tenancy Board to support a landlord with an attempt to recoup rent arrears from tenants that have vacated their property; and if he will make a statement on the matter. [5496/26]
View answerI propose to take Questions Nos. 608, 609 and 610 together.
The Residential Tenancies Acts 2004 to 2025 (RTA) regulates the landlord-tenant relationship in the rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the RTA to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
To lawfully terminate a tenancy on grounds of rent arrears, the RTA requires that a landlord must first serve the tenant with a written warning notice, and copy it to the RTB, seeking payment of the amount of rent arrears within 28 days of receipt of the notice. Where the rent arrears are not so paid, the landlord may serve a 28 day Notice of Termination (NoT) on the tenant on the grounds of rent arrears and copy it to the RTB; if not so copied, the NoT is invalid.
Upon receipt of a rent arrears warning notice, the RTA requires the RTB to provide information to enable the tenant to get advice from the Money and Budgeting Advice Service (MABS), and to help the tenant to get such advice, if the tenant so wishes. The RTB is also required to provide tenancy information to both the tenant and the landlord upon receipt of a notice of termination grounded on rent arrears. The objective is to ensure that early action is taken to address rent arrears, to the benefit of both the tenant and the landlord.
The RTB prioritises cases involving rent arrears and over-holding. Enforcement is an important function of the RTB.
When landlords, tenants and third parties bring disputes to the RTB through mediation, adjudication or tribunal, they receive a legally binding Determination Order, which, if not complied with, can be enforced through the District Court through two enforcement options.
With the first option, a landlord or tenant can request Legal Assistance from the RTB through its Legal Assistance Programme. This is a programme whereby the RTB assists parties to enforce Determination Orders through a panel of solicitors local to each District Court.
Further information on the programme and how to make an application can be found at: https://rtb.ie/resources/category/disputes/.
Requests for Legal Assistance in urgent cases are prioritised, this includes cases concerning over-holding, serious rent arrears, the non-return of deposits and unlawful termination.
The second option allows a landlord or tenant to take their own enforcement proceedings in the District Court. In order to support parties who wish to take their own enforcement proceedings, the RTB have developed a step-by-step guide to the new process in the District Court which can be downloaded at: https://rtb.ie/wp-content/uploads/2025/05/RTB_Guide_to_taking_Enforcement_Proceedings_A5_FINAL_VERSION.pdf.
Prior the RTB was established in 2004, any residential tenancy dispute between a landlord and a tenant was resolved through court proceedings. The courts process was costly and time consuming for the parties involved.
Under Delivering Homes, Building Communities 2025-2030, the Government will provide increased levels of funding to the RTB for dispute resolution and enforcement activities to minimise dispute resolution timelines and to ensure effective outcomes for both landlords and tenants. My Department and the RTB keep the operation of the RTA and the residential rental sector under constant review with a view making any necessary legal change.
611. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the amount his Department has spent on legal fees for each of the years 2020-2025, in tabular form. [5540/26]
View answerThe below table sets out the cost of external legal services provided directly to my Department by legal firms from 2020 to 2025.
The Department seeks to minimise legal costs and generally avails of the services of the Chief State Solicitor's Office, the Attorney General's Office and the State Claims Agency in the provision of legal advice and representation.
The table does not include costs associated with the Planning Tribunal.
Legal Fees 2020-2025
|
Year |
Total (€) |
|
2025 |
€5,864,717 |
|
2024 |
€1,218,282 |
|
2023 |
€1,101,286 |
|
2022 |
€11,847 |
|
2021 |
€91,262 |
|
2020 |
€546,789 |
612. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage the role local authorities will have in conducting or contributing to technical reviews of applications under the Defective Concrete Blocks Scheme; to specify the nature of that role; the expertise to be applied; whether local authorities will be acting independently or on behalf of the Housing Agency; and if he will make a statement on the matter. [5571/26]
View answer613. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage the way in which independence will be ensured in the technical review process for homeowners dissatisfied with determinations under the Defective Concrete Blocks Scheme, particularly where a review may be carried out by the same body, or an associated body, involved in the original determination; and if he will make a statement on the matter. [5572/26]
View answer614. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage to outline the difference in function, authority and outcome between the statutory independent appeals process, and the proposed technical review process; to confirm whether a technical review constitutes a new determination, a re-assessment, or an advisory exercise only; and if he will make a statement on the matter. [5573/26]
View answer615. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage whether details of the technical review process, including who conducts it, governance arrangements, and decision-making criteria, will be published in advance of homeowners being invited to participate; and if he will make a statement on the matter. [5574/26]
View answer616. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage the anticipated completion date for the review of IS,465; the expected timeline for the commencement of the technical review application process following its completion; and if he will make a statement on the matter. [5575/26]
View answerI propose to take Questions Nos. 612 to 616, inclusive, together.
The Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (the Act) commenced on 22 June 2023 which contains the grant scheme and the related Regulations were adopted on 29 June 2023.
The Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Bill 2025 was initiated in Dáil Eireann on 2 December 2025, passed both Houses of the Oireachtas and was subsequently signed into law by the President, thereby becoming an Act, on the 23 December 2025.
Local authorities have responsibility for the administration of the Scheme including administering the application process for reviews of approved remediation options. The 2025 amendments make provision for an application for review of approved remediation option, along with a number of other amendments to ensure equity and efficient administration of the Scheme. The related Regulations will be adopted as soon as possible and provide for all matters within the Act which require to be prescribed and will provide the finer detail around how the amendments will operate in the scheme. A date for commencement of the new provisions of the amended Act will also be set as soon as possible.
An Appeals Panel has been established to assess appeals made under the Remediation of Dwellings Damaged by the use of Defective Concrete (DCB) Blocks Grant Scheme. The Panel offers those affected by decisions made by the Housing Agency and Local Authorities an opportunity to have their cases assessed by an independent group of industry experts. The points of appeal that are available to a DCB applicant include the validation stage by the local authority, the damage threshold determination made by the Housing Agency, the remediation option, and the grant amount approved and where a local authority refuse to make a grant payment pursuant to grant approval. An applicant can also appeal any decision made by a local authority and/or the Housing Agency under the review process inserted by the DCB Amendment Act.
As set down in the 2025 Act, the technical review process offers certain homeowners who have been given a non-demolition option (options 2 to 5) the choice of continuing with the work on their dwelling under the option determined or the option of a full technical review of their application by the Housing Agency. This review will be informed by the current research once the full review of the national standard (I.S. 465:2018) is complete. This process provides for a review of a previous remediation option and grant amount determination and the issue of a new determination if required.
Applications for technical reviews must be made within six months of the coming into operation of section 17 of the DCB Amendment Act 2025. Applications will be made through the relevant designated local authority and the reviews will be carried out by the Housing Agency who shall arrange for an authorised officer who is a competent engineer to assess the relevant dwelling having regard to the revised I.S. 465:2018.
As Ireland’s official Standards Body, the National Standards Authority Ireland (NSAI) has been tasked with the review of I.S. 465. In July 2025, the public consultation undertaken by the NSAI on the draft concluded and resulted in just over 640 public comments relating to the draft.
On 20 November 2025, the NSAI provided an update on the status of this review on its website, which confirms the NSAI expect the revision of I.S.465 to conclude in Q1 2026 following approval from the NSAI board.
Updated Ministerial Guidelines and other necessary supporting information material is currently being finalised within my Department and will be published and available to all stakeholders in advance of the revised I.S. 465:2018 coming into force so as to facilitate the smooth functioning of the technical review process.
617. Deputy Conor Sheehan asked the Minister for Housing, Local Government and Heritage when Limerick City and County Council will receive clarification from his Department on their tenant-in-situ funding for 2026; and if he will make a statement on the matter. [5592/26]
View answerI expect the parameters of the 2026 Second Hand Acquisitions Programme to be notified to local authorities in Q1 this year.
Local authorities have been authorised to enter into commitments for 2026 up to a value of 30% of their original 2025 acquisitions budget. This flexibility effectively provides for a multi-annual approach to programme delivery, facilitating local authorities to plan and progress acquisitions between annual programmes, and from one year to the next, with a higher level of certainty vis-à-vis future funding availability.
In the meantime, my Department continues to engage with individual local authorities as needed regarding the 2025 programme, to inform learnings for the 2026 programme, and to ensure local authorities can continue progressing acquisitions pending rollout of the full details of the 2026 Second Hand Acquisitions Programme.
618. Deputy Gary Gannon asked the Minister for Housing, Local Government and Heritage if he has obtained legal advice on whether the proposed regulations under section 294 of the Planning and Development Act 2024, which would cap recoverable costs even for successful applicants in environmental proceedings, are compatible with Ireland’s obligations under EU law and the Aarhus Convention; whether any assessment has been carried out of the impact of the proposed scale of fees on access to justice, equality of arms and public participation in environmental decision-making; whether the Supreme Court judgment of 2022 affirming the existing cost-protection regime was considered in developing the proposal; if he will publish the evidential basis for proceeding with the draft regulations; and if he will make a statement on the matter. [5598/26]
View answerOne of the most important areas of reform in the Planning and Development Act 2024 (Act of 2024) is Part 9, which updates the processes and procedures for judicial review (JR) of decision making in planning cases. Part 9 of the Act also facilitates the introduction of cost mechanisms to help ensure that the costs associated with a Planning JR are not prohibitively expensive, whilst maintaining compliance with Ireland’s commitments under the Aarhus Convention.
These reforms were subject to detailed review and advice of the Office of the Attorney General as well as extensive engagement with stakeholders and other relevant Government Departments. They were approved by the Oireachtas in October 2024.
The Minister for Climate, Energy and the Environment is responsible for drafting the regulations necessary to underpin the cost mechanisms enabled by the Act of 2024. Public consultation on the matter was undertaken between December 2025 and January 2026 and submissions received are currently being considered.
Judicial Review plays an important role in ensuring accountability, fairness and access to justice with regard to decision making. The reforms contained in the Act of 2024 maintain access and participative rights while seeking to lower the cost barriers associated with judicial review at present.
Overall improvements to the alignment of policy throughout the planning system and the subsequent enhancement of consistency of policy application further to the 2024 Act are intended to result in a reduction in the need for recourse to the Courts. In addition, the legislation re-orientates the planning system towards the plan making phase – encouraging participating at the outset in the long term strategic planning of local communities.
For those who do wish proceed to judicial review, the reforms contained in Part 9 of the Planning and Development Act 2024 are aimed at improving efficiency, speeding up decision making and lowering costs for all parties in what is acknowledged to be a high cost legal environment.
These changes will, in combination assist in enhanced consistency of decision making and policy implementation and that JR cases are adjudicated efficiently and at lower cost. Access to judicial review, when required, is protected and available at a non-prohibitively expensive manner. As demonstrated in other European jurisdictions, this can be achieved without the very high legal costs experienced in Ireland. Such costs are ultimately are borne by all citizens, adding to the cost of housing and can serve to delay the delivery of critical infrastructure, in many cases related to the delivery of better public transport and increased generation of cleaner renewable energy.
619. Deputy Ann Graves asked the Minister for Housing, Local Government and Heritage his views on the fact that Fingal County Council (FCC) has not applied the derelict sites levy for the last published year and have not collected any levies, which is a legal requirement of the council; to confirm whether there are 15 sites in total, subject to the derelict sites levy in the FCC area; whether sites (details supplied) are included; the reason the levies are not being collected; whether there are enough resources in FCC to apply and collect these levies; and if FCC have a plan in place for 2026 to ensure that this does not happen again. [5602/26]
View answerLocal authorities have been provided with a number of statutory powers and other measures to address the issue of derelict properties in their administrative areas. 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. The Act also imposes a duty on local authorities to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site.
Local authorities are empowered to require owners or occupiers of identified derelict sites to take appropriate remedial measures and to apply a Derelict Sites Levy on these derelict sites with a view to influencing property owners to bring their properties back into productive use or to put them on the market. It is a matter for local authorities to determine the most appropriate use of the legislation within their respective functional areas.
Each local authority maintains a Derelict Sites Register under section 8 of the Act for sites which they consider are derelict under the Act. Sites entered on the Derelict Sites Register are subject to an annual derelict sites levy of 7% of market value which will continue to apply until the site is rendered non-derelict.
Local Authorities are required to submit an annual return to my Department providing certain information on the operation of the Derelict Sites Act 1990 in their functional areas. The derelict sites returns are collected in Quarter 2 of the following year and the most recent returns for 2024 are available here: https://www.gov.ie/en/department-of-housing-local-government-and-heritage/publications/annual-returns-for-2024-received-from-local-authorities-under-the-derelict-sites-act-1990/. The collection of the Derelict Site Levy from the relevant property owner is the responsibility of each local authority and the Deputy may wish to contact Fingal County Council to seek detailed information on the implementation of the legislation. It should be noted that local authorities are independent in their functions under the Local Government Acts.
The placing of sites on the Register and the collecting of levies on those sites is part of the overall process that Local Authorities undertake with the owners of derelict sites they identify. Local Authorities will engage directly with site owners in the early stages of the use of the Derelict Sites Act before the site is formally listed on the Register. This direct engagement can often lead to resolution of the dereliction issues by agreement between the Local Authority and the landowner involved, which can lead to significant variation in the number of sites being formally placed on the Register across local authorities.
As announced within Budget 2026 and confirmed in Government’s Housing Action Plan, Delivering Homes, Building Communities, the existing Derelict Sites Levy is to be replaced with a new Derelict Property Tax, to be collected by the Revenue Commissioners. The new Derelict Property Tax is a necessary step in tackling dereliction and will actively incentivise property owners to bring neglected and derelict buildings and sites back into use, and in doing so, increase our national housing supply.
A wide package of support measures have been brought forward by Government to address dereliction in recent years. These measures include the provision of Vacant Homes Officers and Town Regeneration Officers in local authorities, the implementation of the Vacant Homes Action Plan and related resourcing and funding supports. This funding includes Call 3 of the Urban Regeneration and Development Fund which provides a €150 million revolving fund for local authorities to acquire vacant or derelict properties and sites for re-use or sale. The Fund is replenished from the proceeds received from the sale or reuse of properties, allowing a rolling fund for each local authority to tackle vacancy and dereliction.
Resources to ensure a focus on tackling dereliction within local authorities have been provided by the Government through the funding of dedicated Vacant Homes Officers (VHOs) and Town Regeneration Officers (TROs) who are working in the relevant dereliction and regeneration teams to ensure a planned and proactive approach is taken.
620. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage if he is aware of an Inland Fisheries Ireland (IFI) survey conducted in 2025 which notes that salmon stocks on the Boyne and Kells Blackwater rivers has seen a catastrophic collapse, down to 10% of the conservation limit for the catchments; if he will consider whether it appropriate at this time to publish an SAC management plan to aid the recovery of the Boyne/Kells Blackwater salmon to favourable status given that salmon are a qualifying interest in the Boyne/Kells Blackwater SAC; and if he will make a statement on the matter. [5616/26]
View answerWhile the National Parks and Wildlife Service (NPWS) has obligations under the European Communities (Birds and Natural Habitats) Regulations in relation to the Qualifying Interests (QIs) for protected sites, the responsibility for finfish species (as set out in the Fourth Schedule of the Regulations and in Annex II and V of the Habitats Directive) is held by the Ministers of Government whose Departments are responsible for marine fisheries and freshwater fisheries, or public authorities under the aegis of those Departments. Inland Fisheries Ireland (IFI) is the state agency responsible for the conservation, protection and management of our inland fisheries resources. IFI manages salmon stocks on an individual river basis, including in rivers that occur in Special Areas of Conservation. NPWS has no current plans to prepare a management plan for the SAC in question.
