Dáil Éireann Debate, Tuesday - 14 May 2024
383. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if he will clarify the rules regarding the building defects scheme as they pertain to rental properties (details supplied); and if he will make a statement on the matter. [21733/24]
View answerMy Department is currently preparing legislation to put in place a statutory remediation scheme for owners of certain apartments affected by fire safety, water ingress and structural defects. This legislation will establish supports for the remediation of these defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013. It is expected the draft legislation will be published in 2024 and that, subject to the legislative process, the statutory scheme will be in place shortly thereafter.
Pending the introduction of the statutory scheme, an Interim Remediation Scheme (Scheme) for the funding of emergency fire safety defect works in apartments and duplexes has been in place since December 2023. Apartments and duplexes built between 1991 and 2013 qualify for this Scheme, where the fire safety defects were caused by defective design, workmanship or materials that breached the Building Regulations that applied when the property was built.
The Scheme does not cover defects arising from the building not being adequately maintained, sinking funds not being adequately funded to replace building and safety systems when they expired nor later building work not being managed correctly, leading to defects. It is also intended that a whole building approach will be taken to remediate relevant defects and to improve the safety of all occupants in the building. This means that all parts of the building (e.g. the common areas, the individual apartments etc.) must be considered together when addressing defects.
The Interim Remediation Scheme operates as follows: OMCs submitting a valid application to The Housing Agency will receive funding to carry out the necessary remedial works. Only applications from authorised representatives of OMCs will be considered. Funding will not, under any circumstances, be directly allocated to any individual homeowner through this Scheme. Further information is available on the Housing Agency’s website: www.housingagency.ie/interim-remediation-scheme-fire-safety-defects-eligible-apartments-and-duplexes-2023.
At present, it is envisaged that both schemes will be tenure blind and there will be no specific provisions in relation to individually owned rental properties. As stated above, the scheme(s) will be accessed through apartment OMCs only (not by individual owners) and remediation works will be carried out on a whole of building basis.
