The Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (the Act) was commenced on 22 June 2023 which contains the current grant scheme and adopted the related Regulations on 29 June 2023.
A Ministerial Guidance Note to facilitate, promote and support a consistent approach to the operation and administration of the scheme is available on my Department's website at the following link:
assets.gov.ie/static/documents/enhanced-defective-concrete-blocks-grant-scheme-ministerial-guidelines.pdf
Section 13 of this document provides background on Building Regulations/Planning status matters, which may be of relevance to certain homeowners, depending on their approved remediation option and the subsequent remedial works to be carried out on their dwelling.
In accordance with Building Control legislation, the Building Regulations apply to certain works to existing buildings e.g. all works in connection with the material alteration or extension of an existing building, a repair and renewal that is likely to affect the structural integrity of the building or building element being repaired or renewed etc.
The requirements of the Building Regulations are set out in 12 parts (classified as Parts A to M). Technical Guidance Documents (TGDs) are published to accompany each part of the Building Regulations indicating how the requirements of that part can be achieved in practice.
Where the dwelling house (subject to the remedial works) is rebuilt on its original foundations, then the works constitute a material alteration to an existing dwelling house. Some Technical Guidance Documents provide specific guidance on works to 66 an existing building e.g. Section 2 of TGD L - Conservation of Fuel and Energy. No works shall be carried out to a building which would cause a new or greater contravention in the building of any provision of Building Regulations. As a result, in general, the reinstatement of building elements in a remediation project is on a ‘like for like’ performance basis, with respect to the Building Regulations which were in place when the building, or any addition to it, was constructed.
Where the dwelling house (subject to the remedial works) is reconstructed on new foundations, then the works constitute a new dwelling house. From a Building Control legislation perspective, in this scenario, the works must comply with the latest Building Regulations for new dwelling houses. In other words for new dwelling houses constructed on new foundations, the most up to date Building Regulations must be applied.
Homeowners should engage a competent building professional to design the remediation works approved or being carried out and prepare a remedial works plan in that regard. The homeowner will be required to retain the services of their competent building professional throughout the project. It would be a matter for the competent building professional to advise the homeowner on these matters.
