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Gnáthamharc

Tuesday, 12 May 2026

Written Answers Nos. 687-708

Business Regulation

Ceisteanna (687)

Barry Heneghan

Ceist:

687. Deputy Barry Heneghan asked the Minister for Housing, Local Government and Heritage the policy framework governing the granting, revocation and review of outdoor seating or street furniture licences by local authorities, including those relating to licensed premises; whether his Department has issued any guidance to local authorities in this regard; and whether he has received any representations concerning the revocation of such a licence for a premises in Dublin 2 (details supplied); and if he will make a statement on the matter. [34309/26]

Amharc ar fhreagra

Freagraí scríofa

The licensing of street furniture and other appliances on public roads and footpaths is governed by section 254 of the Planning and Development Act 2000, as amended (the Act), and associated Regulations. Under Article 201(b) of the Planning and Development Regulations 2001, as amended, this includes the provision of tables and chairs outside a hotel, restaurant, public house, or other establishment where food is sold for consumption on the premises. 

Under section 254(4) of the Act, an application for such a licence shall be made to the relevant planning authority, or the Board on appeal, who, in determining an application or appeal, are required to have regard to -

- the proper planning and sustainable development of the area,

- any relevant provisions of the development plan or local area plan,

- the number and location of existing appliances, apparatuses and structures on the public road or footpath, and

- the convenience and safety of road users including pedestrians. 

Circular Letter PL 06/2021 requested that planning authorities give consideration at a local level to the principles of Universal Design when assessing a section 254 licence application to ensure that the wider area is accessible, useable and convenient to all those who wish to use or pass through it, while also ensuring that any alternative street layout arrangements proposed in order to facilitate further outdoor dining, such as the relocation of designated accessible parking bays on temporarily pedestrianised streets, are appropriate and fit for purpose.

In addition, my Department’s Circular Letter RW 07/2020 & NRPPS 01/2020, issued in collaboration with the Department of Transport, provided updated advice in the form of the Design Manual for Urban Roads and Streets (DMURS) - Interim Advice Note – Covid-19 Pandemic Response. By putting the needs of pedestrians at the forefront of street design, DMURS is intended to meet the needs of the most vulnerable of users, such as children, older people and those who have a visual or mobility-related disability.

Furthermore, the DMURS requests that designers ensure that measures align with the principles of Universal Design and that local authorities consider broader Government policies on accessibility for people with disabilities and encourages local authorities to engage with local stakeholders and communities to monitor and adapt schemes to address any issues that may arise. 

The Interim Advice Note can be downloaded from www.dmurs.ie/supplementary-material.

Implementation of the licensing of street furniture at a local level is a matter primarily for individual local authorities, in this case Dublin City Council.   A licence may be granted by the planning authority for such period and upon such conditions as may be specified, including conditions in relation to location, space taken up by appliances, noise impacts, operating hours, the need to protect protected structures etc. Within the statutory framework, licensing is a matter for each individual local authority and I, as Minister, have no role in the matter.

Vacant Properties

Ceisteanna (688)

Pádraig Mac Lochlainn

Ceist:

688. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the number of vacant or derelict hotel and guesthouse properties in each county; and if he will make a statement on the matter. [34354/26]

Amharc ar fhreagra

Freagraí scríofa

Data on vacant or derelict hotel and guesthouse properties is not available within my Department.

Data in relation to vacancy is available from a number of sources, all of which use different definitions or measures for vacancy. The Central Statistics Office (CSO) has developed a new statistical release on residential vacancy, based on low or zero electricity consumption over one year using data from the Electricity Supply Board. In March 2026, the CSO released data for 2024 which details a national vacancy rate of 3.2% at the end of 2024, down from 3.3% end of 2023. This equates to a figure of 70,149 vacant dwellings at the end of 2024, down from 72,254 at the end of 2023.

GeoDirectory vacancy data, jointly developed by An Post and Tailte Éireann reported that as of December 2025, 79,703 dwellings were vacant, giving a national vacancy rate of 3.7% - the lowest recorded since 2013.

Census 2022 provided a figure of 163,433 vacant homes nationwide, 7.7% of the housing stock. Under the Census, a dwelling is classed as vacant by census enumerators if it is unoccupied on Census Night, is not used as a holiday home and is not usually inhabited by occupants who are temporarily absent at the time of census. The CSO note that Census vacancy data should not be used to measure long-term vacancy or the number of properties potentially available for reuse.

While there are varying indicators of vacancy based on different sources, the overall trend in vacancy levels is downwards.

Electricity Generation

Ceisteanna (689, 690)

Mairéad Farrell

Ceist:

689. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage to provide an update on current guidelines for local authorities installing solar PV on social housing; if local authority tenants are eligible to apply for a grant for these either through their local authority or the SEAI; and if he will make a statement on the matter. [34366/26]

Amharc ar fhreagra

Mairéad Farrell

Ceist:

690. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage if a survey has been done of electricity costs in social housing before and after retrofitting works; and if he will make a statement on the matter. [34367/26]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 689 and 690 together.

My Department's Energy Efficiency Retrofit Programme (EERP) provides grant funding to local authorities for upgrade works to their social housing stock that achieve a post works BER of 125KWh/m²/yr. It is expected that 36,500 local authority owned homes will be retrofitted under this programme out to 2030.

Works eligible under the EERP include attic and cavity wall insulation or external wall insulation where required, windows and doors replacement, heat pump installation and ancillary and associated works. These funded measures achieve the required BER rating.

In limited circumstances, for dwellings with a floor area less than 55m2, and where it is not practical to achieve a Heat Loss Indicator (HLI) specified by the SEAI guidance, the maximum HLI may be increased to 2.6 with additional fabric and air tightness requirements as listed in the EERP Circular 09/2026. Where this approach is adopted, installation of at least 1kWp of solar photovoltaic micro-generators on the dwelling with the heat pump is recommended, and is funded as eligible works under the EERP. More generally, under the Microgeneration Support Scheme led by the Department of Climate, Energy and the Environment (DCEE), Solar PV is available for all domestic premises.

While my Department maintains records of pre and post retrofit kWh usage showing substantial reductions, there has been no formal survey of pre and post-works electricity costs.

The Department of Climate, Energy and Environment and the Sustainable Energy Authority of Ireland  analysis indicates that the scale of savings achievable varies by dwelling type, size, and heating system. Individual measures such as cavity wall, external wall, or attic insulation can reduce household heating costs by between €150 and €230 annually. Greater savings are possible where measures are undertaken as part of combined deeper upgrade packages; a household can save between €750 and €1,120 per year by installing a deep package of measures. Usage is obviously the driver of costs and savings and ultimately this is a matter for individual homeowners so savings will vary from house to house. In addition to direct financial benefits, energy upgrades contribute to warmer, healthier, and more resilient homes.

Question No. 690 answered with Question No. 689.

Land Issues

Ceisteanna (691)

Michael Cahill

Ceist:

691. Deputy Michael Cahill asked the Minister for Housing, Local Government and Heritage the current average processing times for Section 49 cases within Tailte Éireann; the number of such cases currently on hand categorised by length of time awaiting assessment such as zero to six months, six to12 months, 12 to 18 months, 18 plus months; the reason a case (details supplied) lodged on 24 July 2025 remains at 'awaiting attention' stage; whether additional resources or staffing are being allocated to address delays; and if he will make a statement on the matter. [34368/26]

Amharc ar fhreagra

Freagraí scríofa

Tailte Éireann is an independent Government agency under the aegis of my Department. Tailte Éireann provides a property registration system, property valuation service and national mapping and surveying infrastructure for the State. Under Section 8 of the Tailte Éireann Act 2022, Tailte Éireann is independent in the performance of its functions.

Applications under Section 49 of the Registration of Title Act, 1964 are made in Form 6 of the Land Registration Rules 2012 and are applications based on long possession, commonly referred to as squatter’s title.

Where a person is in possession of the lands for the required period, the registered owner’s rights to recover possession becomes statute barred. An application under Section 49 is an application that seeks to dispose a registered owner of their legal title to the lands in favour of the applicant and requires examination of title by Tailte Éireann.

Applications where the property is claimed by adverse possession and where the person in possession of the land has no or insufficient documents of title (deeds) to substantiate their claim, are very complex and necessitate the raising of detailed Rulings on Title and the subsequent service of notices on all interested parties who may appear to the Authority to have an interest in the property.

Tailte Éireann allow a minimum 21 days plus a reasonable time for postage for any objections to be lodged in response to any notice served. However, given the strong constitutional protection afforded to property rights in Ireland, any objections or observations received, even after the time period has expired, must be considered. In many cases, multiple notice periods may be required prior to a registered owner being disposed of their title.

By reason of the foregoing, it is not possible to give an average processing time for completions of Section 49 applications as each application is different and specific to the applicant and the property. The number of Section 49 applications pending by year of lodgement has been provided in tabular form below.

Year of Lodgement

Section 49 Applications pending

2019

1

2021

2

2022

25

2023

45

2024

209

2025

658

2026

234

Total

1,174

Applications for registration on the Land Register are processed in date of lodgement order in accordance with the Land Registration Rules. Tailte Éireann are actively processing the aged cases noted in the table above and continue to engage with the lodging parties in efforts to progress the applications to completion. The application noted in the details supplied is currently awaiting attention in date of lodgement order.

The introduction of a dedicated first registration and Section 49 Validation Unit in the Roscommon Office aims to complete initial validation checks within 15 working days of receipt of an application under Section 49. Applications which meet the minimum requirements for lodgement as outlined on various checklists available on www.tailte.ie will pass through validation and on to processing.

In cases where any delay in registration could have a potential impact, Tailte Éireann make every effort to expedite applications where valid grounds exist, and where doing so does not impose a conflict in regard to priority given to any prior lodged dealing. Lodging parties may contact Tailte Éireann in relation to a specific case by email at info@tailte.ie.

Further information in relation to specific cases may be obtained by Oireachtas members on behalf of constituents by contacting the dedicated e-mail address in respect of Tailte Éireann at oireachtas@tailte.ie.

 As part of Tailte Éireann’s resourcing strategy, the Accelerated Recruitment Programme was launched in early 2024 to address the high volume of vacancies and strengthen operational capacity in response to increasing service demands. Since the establishment of the programme, recruitment activity has been sustained and extensive. Key roles and vacancies have been filled through a combination of new appointments, internal promotions and mobility placements.

In a number of areas, recruitment campaigns are complete or ongoing, with successful candidates awaiting confirmed start dates. Tailte Éireann are continuing to fill vacancies at a rapid rate with the expectation that total vacancies across Tailte Éireann will be between 3-4% by the end of Q2 2026.

I am confident that as the required complement of Registration staff have now been onboarded, and with process improvement measures taking effect, Tailte Éireann will be in a position to achieve its goal of reducing waiting times across all registration services.

Disability Services

Ceisteanna (692)

Louise O'Reilly

Ceist:

692. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he is aware that there can be a significant gap between grants awarded by the local authority and the actual cost of adaptation; if he can outline the supports that are in place for persons who cannot make up the shortfall specifically in the case where an occupational therapist has recommended significant alterations to ensure the safety and dignity of a disabled person; and if he will make a statement on the matter. [34389/26]

Amharc ar fhreagra

Freagraí scríofa

My Department provides Exchequer funding to local authorities under the Housing Adaptation Grants for Older People and Disabled People scheme, to assist people in private houses to make their accommodation more suitable for their needs. The suite of grants, which include the Housing Adaptation Grant for Disabled People, the Mobility Aids Grant and the Housing Aid for Older People Grant, are funded by my Department with a contribution from the local authority.  The detailed administration of the scheme including assessment, approval, prioritisation and budgetary apportionment is the responsibility of local authorities.

The Exchequer funding available for these grants in 2026 has been increased substantially by €30 million to almost €130 million, or over €152 million when accounting for the local authority contribution, continuing the year on year increases since 2014. 

My Department carried out a review of the Housing the Housing Adaptation Grants for Older People and Disabled People scheme including a review of the Means Test, and the Report on the Review is available on my Department’s website at the following link: www.gov.ie/en/department-of-housing-local-government-and-heritage/publications/report-on-the-review-of-the-housing-adaptation-grants-for-older-people-and-people-with-a-disability/.

The Housing (Adaptation Grants for Older People and Disabled People) Regulations 2024 (S.I. No. 612 of 2024), which came into effect on 1 December 2024, provide the legal basis for the introduction of the recommendations set out in the review. The key changes include an increase in the grant limits of over 30% and the income thresholds by 25% whilst also revising the means test. The legislation also adjusts the burden sharing for local authorities by reducing the local authority funding contribution to 15% (from the previous 20%).

The grants available operate on a sliding scale with the highest percentage grants available to those with the lowest incomes and vice versa.  The schemes are means tested and grant assistance is available to applicants whose assessed household income, after disregards and deductions, is up to €75,000 per annum. The household income approach is intended to spread the benefits of the grant scheme as widely as possible and to ensure fairness and value for money in operation of the scheme towards those with the greatest needs. Local authorities, in administering the scheme, work with qualifying applicants to secure the most beneficial outcome possible in line with the applicants' financial circumstances and within the parameters of the Grant Scheme.

Civil Service

Ceisteanna (693)

Barry Ward

Ceist:

693. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage the position regarding any mechanism in place within his Department that allows for civil servants to transfer on secondment to an equivalent role within the European Union, without negatively impacting their pension and other employment rights; his views on the merits of such a scheme; and if he will make a statement on the matter. [34426/26]

Amharc ar fhreagra

Freagraí scríofa

Staff in my Department can avail of the Seconded National Experts (SNE) scheme or the National Expert Professional (NEPT) which provides for staff to be seconded to the EU Institutions. Such placements have no impact on their pension or employment rights. These schemes provide a useful opportunity for staff to gain valuable experience in the EU institutions that they can then bring back to roles with my Department.

Protected Disclosures

Ceisteanna (694)

Peadar Tóibín

Ceist:

694. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage when will there be a decision made on the protected disclosure that was submitted by a person (details supplied). [34498/26]

Amharc ar fhreagra

Freagraí scríofa

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

The following deferred reply was received under Standing Orders.
My Department does not comment on individual Protected Disclosure cases.
However, I can confirm that since my appointment, that I am fully aware of my obligations under the Protected Disclosure (Amendment) Act 2022 and I have fulfilled my requirements in that regard. My Department has the appropriate channels and policies in place to deal with reports of wrongdoing.

National Parks and Wildlife Service

Ceisteanna (695)

Roderic O'Gorman

Ceist:

695. Deputy Roderic O'Gorman asked the Minister for Housing, Local Government and Heritage if the National Parks and Wildlife Service have given consideration to acquiring the 1,500-acre land parcel for sale in Aghavannagh, County Wicklow; and if he will make a statement on the matter. [34565/26]

Amharc ar fhreagra

Freagraí scríofa

As set out in the Programme for Government, this Government recognises the importance of continuing to support the ongoing expansion and resourcing of our National Parks.  

To this end, the National Parks and Wildlife Service (NPWS) of my Department, the executive agency with responsibility to Protect Nature, occasionally purchases land for strategic and conservation purposes. Such acquisitions are always carefully considered on a case by case basis and in line with public procurement requirements. In light of the commercial sensitivity of these considerations and the strategic implications of bringing these considerations into the public domain, I am not in a position to comment on any individual site that is offered for sale.

Water Quality

Ceisteanna (696)

Roderic O'Gorman

Ceist:

696. Deputy Roderic O'Gorman asked the Minister for Housing, Local Government and Heritage for an update on measures taken by his Department to improve water quality in Ireland, specifically, actions relating to Lady's Lake in Wexford, the Blackwater River and Lough Carra; and if he will make a statement on the matter. [34569/26]

Amharc ar fhreagra

Freagraí scríofa

A new revised and strengthened national River Basin Management Plan, called the Water Action Plan 2024, was launched by my Department in September 2024.  The plan is a requirement of the EU Water Framework Directive (WFD).  The Water Action Plan is a strategic plan that outlines the national policies and high level goals that will protect and restore our natural waters up to 2027, and advances Ireland’s commitment to the implementation of the WFD.

The aim of the plan is the identification and implementation of the “right measure in the right place”. The Plan contains targeted measures to both restore and protect all waterbodies, which will be supported by the integrated catchment approach through the development of Sectoral Action Work Plans and Catchment Management Work Plans.  The Local Authority Waters Programme (LAWPRO), which is funded by my Department, coordinates efforts among Local Authorities to achieve good or high water quality in our water bodies.

In relation to Lady’s Island Lake, my colleague, Minister of State, Christopher O’Sullivan has met with the Department of Agriculture, Food and the Marine (DAFM), Wexford County Council and LAWPRO along with the National Parks and Wildlife (NPWS) and the Water Division within my Department.  From this engagement an oversight group for Lady’s Island has been established. This group has met on multiple occasions and is being led and chaired by Wexford County Council.

My Department announced funding to Wexford County Council for their coordination role in restoring the ecological condition of the lake. Wexford County Councils action plan to deal with the pollution at the lake, will follow the framework and mechanisms established within the Water Action Plan.  Lady’s Island Lake is a Priority Area for Action (PAA) under the existing Water Action Plan and therefore all mechanisms for undertaking scientific and compliance investigations, delivery of advice and implementing regulatory and supplementary measures under the Water Action Plan will be harnessed. A holistic approach to dealing with the sources of nutrients entering the lake, from agriculture, domestic waste water treatment plants (septic tanks) and urban waste water treatment plant(s), by all implementing bodies is vital. This will involve very close engagement between Wexford County Council, LAWPRO, the Agricultural Sustainability Support and Advisory (ASSAP) and the Farming for Water European Innovation Partnership (EIP) programme.

LAWPRO was also involved in the interagency response to the Blackwater Fish Kill Incident in August 2025. While LAWPRO does not have an enforcement role in such incidents, it provided advice and support in relation to the macroinvertebrate sampling and offered staff resources to assist with this sampling. LAWPRO continues to provide catchment science support to Cork County Council as required.

LAWPRO has led the completion of Local Catchment Assessments (LCAs) in assigned Priority Areas for Action (PAAs) in the Blackwater Catchment, County Cork. In addition, the South West Communities Team has been actively engaging with the public and supporting community capacity-building across the Blackwater Catchment area. In the aftermath of last year’s fish kill, LAWPRO held two well attended public meetings in Mallow. These meetings took place alongside the ongoing community engagement work being carried out by the Cork Community Water Officer, who has continued to work closely with a wide range of groups throughout the Blackwater Catchment Area.

To date, approximately 423 farmers have engaged with the Farming for Water European Innovation Partnership (EIP) within the River Blackwater (Munster Catchment) area, with a strong focus on nitrate reduction measures. Agricultural Sustainability Support and Advisory Programme (ASSAP) advisors are working with farmers to establish baseline nitrogen (N) surplus values and identify opportunities for reduction. Additional nitrogen-focused EIP measures, such as over sowing plantain into grass swards, are also being piloted.

Regarding Lough Carra, County Mayo, the LAWPRO Community team in the Western Region has worked on behalf of Mayo County Council and my Department with voluntary / community groups as well as individuals within the Lough Carra catchment since LAWPRO’s creation in 2016. This includes, but is not limited to, significant support for Lough Carra Catchment Association, with the specific focus of restoration and protection of the Lough Carra catchment and its surrounding environments. Historically this support included the preparation of a successful application to EU LIFE, which has leveraged significant collaboration from both community and statutory stakeholders around Lough Carra.  In recent years LAWPRO has also administered funding, on behalf of my Department, to support various community led efforts and actions around the catchment such as core organisation funding, funding for the implementation of measures mitigating agricultural pressures in the catchment, education booklets, awareness events, podcast series and citizen science training.

Housing Provision

Ceisteanna (697, 698)

Roderic O'Gorman

Ceist:

697. Deputy Roderic O'Gorman asked the Minister for Housing, Local Government and Heritage for an update on his Department's consideration of Fingal County Council's proposals for housing at Tuckett's Lane Park, Howth received in 2025. [34573/26]

Amharc ar fhreagra

Roderic O'Gorman

Ceist:

698. Deputy Roderic O'Gorman asked the Minister for Housing, Local Government and Heritage when in 2025 his Department received updated proposals from Fingal County Council for housing at Tuckett's Lane Park, Howth [34574/26]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 697 and 698 together.

My Department received a revised application from Fingal County Council for the site at Tuckett’s Lane, Howth, County Dublin toward the end of last year, which differed significantly in scope and detail from the proposal that had previously been approved. As a result of these substantial changes, it was necessary to undertake a full reassessment in line with my Department's standard evaluation procedures.

This reassessment process is now nearing completion, and the outcome will be communicated to Fingal County Council in due course.

Question No. 698 answered with Question No. 697.

Housing Policy

Ceisteanna (699, 700)

Roderic O'Gorman

Ceist:

699. Deputy Roderic O'Gorman asked the Minister for Housing, Local Government and Heritage to set out the process whereby Fingal County Council was informed by his Department that it must remove green roofs from housing proposed for Malahide Road, despite the provision of such green infrastructure being an objective of policy at national, regional and local levels, and the reasons for those instructions. [34575/26]

Amharc ar fhreagra

Roderic O'Gorman

Ceist:

700. Deputy Roderic O'Gorman asked the Minister for Housing, Local Government and Heritage whether local authorities, approved housing bodies and the Land Development Agency have been given to understand by his Department that they should not include green roofs in housing proposals. [34576/26]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 699 and 700 together.

My Department did not instruct Fingal County Council to remove green roofs or other green infrastructure measures from the proposed social housing development at Fingerpost, Malahide Road.

In 2025, Fingal County Council submitted a proposal to my Department for the development of four new-build social homes at the site, which also included a biodiversity pilot element incorporating green infrastructure measures. As part of the normal appraisal process for social housing proposals, my Department engaged with the local authority and raised a number of queries in relation to the proposal. These queries related, inter alia, to the appropriateness of the site for a pilot project, the overall cost per unit given that the additional costs associated with the biodiversity measures would be borne across only four homes, and whether the local authority intended to make a financial contribution or avail of alternative funding sources for the pilot element.

My Department indicated willingness to support and fund the construction of the housing units in line with the standard social housing approval process. However, the additional costs associated with the biodiversity pilot proposal were considered a matter for the local authority and any alternative funding streams that may have been available.

Fingal County Council subsequently decided to revise and resubmit the proposal without the biodiversity pilot element included and indicated that it would seek to identify a more suitable project on which to implement the biodiversity initiative at a larger scale.

More generally, my Department remains fully supportive of the incorporation of sustainable and green infrastructure measures in housing developments, consistent with national, regional and local policy objectives relating to climate action, biodiversity and sustainable urban development.

Question No. 700 answered with Question No. 699.

Building Energy Rating

Ceisteanna (701, 702)

Ciarán Ahern

Ceist:

701. Deputy Ciarán Ahern asked the Minister for Housing, Local Government and Heritage the number of BER exempt domestic properties in the State; and if he will make a statement on the matter. [34638/26]

Amharc ar fhreagra

Ciarán Ahern

Ceist:

702. Deputy Ciarán Ahern asked the Minister for Housing, Local Government and Heritage whether there are any mechanisms in place to prevent spurious or incorrect BER exemption claims on domestic properties; if there is any oversight or monitoring of domestic properties which claim BER exemptions; and if he will make a statement on the matter. [34639/26]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 701 and 702 together.

The Sustainable Energy Authority of Ireland (SEAI) is the statutory agency responsible for the operation and management of the Building Energy Rating (BER) system in Ireland as required by the Energy performance of Buildings Directive (Recast 2024).

There are approximately 1.3 million domestic BER’s which have been carried out by Building Energy Rating Assessors whom are registered with SEAI. Assessments are in line with the requirements of the implementing regulation  SI 243 of 2012 available at: www.irishstatutebook.ie/eli/2012/si/243/made/en/pdf.

The SEAI Code of Practice ensures that BER assessors have a clear understanding of their obligations to deliver a high-quality service. In addition, SEAI’s Quality Assurance System & Disciplinary Procedures (QADP) outlines the processes of the Quality Assurance System and Disciplinary Procedure for assessors.

The responsibility for obtaining a BER certificate and compliance with SI 243 of 2012 lies with the landlord or property owner. Where a person has been found guilty of an offence, for failure to comply with the regulations under Section 32 (1), they are liable on summary conviction to a class A fine. Where a person has been found guilty of an offence, for failure to comply with the regulations under Section 32(2), they are liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months or both.

Under the implementing regulation, the categories of buildings listed below are exempted from the requirement to have a BER for the statutory purposes of sale, rental or advertising.

• national monuments.

• protected structures or proposed protected structures.

• places of worship or buildings used for the religious activities of any religion.

• certain temporary buildings.

• industrial buildings not intended for extended human occupancy with a low installed heating capacity (10 W/m2).

• non-residential agricultural buildings with a low installed heating capacity (10 W/m2).

• stand-alone buildings with a small useful floor area (<50m2).

Exempted buildings which have received an SEAI grant, however, still require a pre and post works BER in line with SEAI grant terms and conditions.

Each Local Authority has responsibility for deeming a building to be a protected structure and therefore BER exempt within its area. Each Local Authority is required to compile and maintain a public record of its protected structures and must follow certain procedures if it is proposed to deem a structure to be a protected structure. This involves notifying the owners and occupiers of the structure, Government, and other bodies of the proposal. These buildings are exempt from the requirement to have a BER. There are approximately 50,000 protected structures in Ireland.

Question No. 702 answered with Question No. 701.

Fire Service

Ceisteanna (703, 704, 705)

Naoise Ó Muirí

Ceist:

703. Deputy Naoise Ó Muirí asked the Minister for Housing, Local Government and Heritage if his Department is currently reviewing the mandatory retirement age for members of the Fire Service; the stage that review is at; when he expects further information or recommendations to be available; and if he will make a statement on the matter. [34701/26]

Amharc ar fhreagra

Naoise Ó Muirí

Ceist:

704. Deputy Naoise Ó Muirí asked the Minister for Housing, Local Government and Heritage if his Department is examining the introduction of an extension scheme for firefighters approaching the current retirement age, similar to the system available to members of An Garda Síochána, whereby personnel may apply to continue in service subject to efficiency, maintained fitness levels, and the successful completion of required assessments; and if he will make a statement on the matter. [34702/26]

Amharc ar fhreagra

Naoise Ó Muirí

Ceist:

705. Deputy Naoise Ó Muirí asked the Minister for Housing, Local Government and Heritage if any proposed changes to the retirement age for firefighters would require legislative or regulatory amendment; and if so, the expected timeframe for such changes to be drafted, approved and enacted, should this be proceeded with; and if he will make a statement on the matter. [34703/26]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 703, 704 and 705 together.

In 2024, the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 was enacted.  This Act amended, among other matters, the law in relation to the age at which certain public servants are required to retire.  Part 11 of the Act provided the then Minister for Public Expenditure National Development Plan Delivery and Reform (M/PENDR), to make orders, enabling line ministers – Justice, Defence, Health and Housing – to make regulations regarding the retirement age of uniformed services.  Indeed, these regulations were made in August 2024, with the consent of then M/PENDR, raising the mandatory retirement age to 62.  Similar regulations would be required to further extend the retirement age.

Given that the retirement age of firefighters was addressed less than two years ago in consultation with staff representative bodies, there are no plans to revisit it presently.

Question No. 704 answered with Question No. 703.
Question No. 705 answered with Question No. 703.

Capital Expenditure Programme

Ceisteanna (706)

John Paul O'Shea

Ceist:

706. Deputy John Paul O'Shea asked the Minister for Housing, Local Government and Heritage if he will provide a list of all capital projects including social and affordable housing, water services, heritage and local authority-led projects funded under the remit of his Department which have been completed on time and within budget in Cork North-West in each of the past five years, in tabular form; and if he will make a statement on the matter. [34737/26]

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 Orders.
My Department, through its various business units, enters into contracts for capital projects directly across the country, which are funded under the allocated Voted provision. However, my Department does not collate information on a constituency basis and, therefore, does not hold information in relation to Cork North West specifically.
My Department has provided substantial funding for capital projects which are contracted and administered by state bodies under the aegis of my Department and local authorities over the last 5 years, including projects such as those listed.
My Department is not the contracting authority in these projects and therefore does not maintain the requested information in respect of the State bodies under its aegis. Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost-effective system to address queries directly to the relevant bodies. These bodies may be contacted directly by e-mail by members of the Oireachtas, as set out in Table 1.
Table 1

Bodies under the Aegis of DHLGH

Oireachtas email

An Coimisiún Pleanála

oireachtasqueries@pleanala.ie

An Fóram Uisce

oireachtas@nationalwaterforum.ie

Approved Housing Bodies Regulatory Authority

oireachtasqueries@ahbregulator.ie

Construction Industry Register Ireland

info@ciri.ie

Docklands Oversight and Consultative Forum

infodocklands@dublincity.ie

Gas Networks Ireland

oireachtas@gasnetworks.ie

Heritage Council

oireachtas@heritagecouncil.ie

Housing and Sustainable Communities Agency

Oireachtas@housingagency.ie

Housing Finance Agency

oireachtas.enquiries@hfa.ie

Land Development Agency

oireachtas@lda.ie

Local Government Management Agency

oireachtasmemberqueries@lgma.ie

National Oversight and Audit Commission

oireachtas@noac.ie

National Traveller Accommodation Consultative Committee

ntacc@housing.gov.ie

Office of the Planning Regulator

oireachtas@opr.ie

Property Services Appeal Board

psabsecretary@psab.ie

Property Services Regulatory Authority

pq@psr.ie

Pyrite Resolution Board

oireachtasinfo@pyriteboard.ie

Residential Tenancies Board

OireachtasMembersQueries@rtb.ie

Tailte Éireann

Oireachtas@tailte.ie

Uisce Éireann

oireachtasmembers@water.ie

Valuation Tribunal

oireachtas@valuationtribunal.ie

Waterways Ireland

oireachtas@waterwaysireland.org

Solar Energy Guidelines

Ceisteanna (707)

Malcolm Byrne

Ceist:

707. Deputy Malcolm Byrne asked the Minister for Housing, Local Government and Heritage for an update on the new National Planning Statement on Solar Energy; and to provide a timeline for its publication. [34750/26]

Amharc ar fhreagra

Freagraí scríofa

In line with commitments in the Programme for Government 2025, my Department is working with the Department of Climate, Energy and the Environment (DCEE), which holds policy responsibility for renewable energy matters, in respect of the introduction of a number of National Planning Statements related to Ireland's Climate Action Plan target to increase the share of electricity generated from renewable sources up to 80% in 2030. This includes the preparation of a National Planning Statement in relation to solar energy development.

Further to the commencement of Chapter 3 of Part 3 of the Planning and Development Act 2024 on 2 October 2025, provisions for National Planning Statements have been introduced to replace the provisions for Ministerial guidelines issued under section 28 of the Planning and Development Act 2000. All existing Section 28 guidelines will, over time, be revoked and replaced with new National Planning Statements. Any current section 28 guidelines will however remain in force until revoked or replaced by a corresponding National Planning Statement. The timing of the issuing of National Planning Statements will be based on Government priorities.

In respect of sectoral national planning statements in particular there is also an important role for the relevant policy Department in collaborating with my Department on the development of these National Planning Statements.  In that context, my Department is working closely with the DCEE as the Department with policy responsibility for this area of Government policy in order to identify the component factors relevant to the preparation of this National Planning Statement, including any appropriate environmental reporting and public consultation requirements, European obligations such as the Renewable Energy Directive (RED III), battery storage facilities and the possible timeframe for publication of the National Planning Statement.

In the interim it is the case that, as with the vast majority of development types, there are not specific guidelines for the development of solar energy. I am satisfied that the existing and evolving planning system, supported by Government policy more generally, provides a sufficiently robust policy and legislative framework to facilitate the rollout of solar energy development in a sustainable manner and to assist with meeting our renewable electricity requirements while balancing the perspectives of local communities and allowing for public and stakeholder engagement.

In line with EU Directive requirements, a strategic environmental assessment will be carried out on any draft National Planning Statement regarding solar energy development, with opportunity for consultation by the public and all stakeholders on the draft National Planning Statement.

Local Elections

Ceisteanna (708, 715)

Donna McGettigan

Ceist:

708. Deputy Donna McGettigan asked the Minister for Housing, Local Government and Heritage if there is to be a review of local election boundaries in advance of local government elections in 2029; and a timeline for any such review. [34818/26]

Amharc ar fhreagra

Shane Moynihan

Ceist:

715. Deputy Shane Moynihan asked the Minister for Housing, Local Government and Heritage when a review and redrawing of the local electoral areas for the State's local authorities is expected to take place; whether this will occur in advance of the 2029 local elections; and if he will make a statement on the matter. [34929/26]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 708 and 715 together.

Section 23 of the Local Government Act 2001 empowers the Minister to divide a local authority administrative area into local electoral areas by order. However, in advance of deciding to make an order under section 23 of the 2001 Act, the Minister must, in accordance with section 32(2) of the Local Government Act 1991, request An Coimisiún Toghcháin to prepare a report having regard to such matters as may be specified by the Minister.

Before making a request to An Coimisiún, section 61 of the Electoral Reform Act 2022 provides that the Minister shall lay a draft of the request before each House of the Oireachtas for approval by resolution by each House. Following the completion of a review, the Minister must publish the report of An Coimisiún and must have regard to the report in deciding whether to make an order in relation to any amendment to local electoral area boundaries or municipal districts.

The current configuration of local electoral areas has applied since the 2019 local elections, and followed a review of local electoral area boundaries conducted in two parts, both published in 2018. I will consider the need for future boundary reviews in advance of the 2029 local elections.

Roinn