Pyrite Resolution Act 2013

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Pyrite Resolution Act 2013.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2. Interpretation

2. In this Act—

“appeals officer” means a person appointed under section 26(1);

“applicant” means the owner or joint owner of a dwelling to which this Act applies who applies to the Board under section 15(1);

“Board” means the board established under section 8(2);

“builder” means a person who has constructed a new dwelling and includes a person who is connected, within the meaning of section 10 of the Taxes Consolidation Act 1997, with the first-mentioned person as part of an arrangement in connection with the construction or disposal of the dwelling;

“building condition assessment” means a study of relevant information and a visual non- invasive internal and external inspection of a dwelling carried out by a competent person, under and in accordance with the standard for testing, to establish the presence or absence of visible damage that is consistent with pyritic heave and to quantify the extent and significance of such damage;

“competent person” means a person having sufficient theoretical and practical training, experience and knowledge appropriate to the nature of the work to be undertaken;

“damage condition rating” means the rating assigned to a dwelling following a building condition assessment under and in accordance with the standard for testing;

“decision maker” shall be construed in accordance with section 15(6);

“developer” means a person carrying on a trade which consists, wholly or partly, of the construction or refurbishment of buildings or structures with a view to their sale and includes a person who is connected, within the meaning of section 10 of the Taxes Consolidation Act 1997, with the first-mentioned person as part of an arrangement in connection with the construction or refurbishment of buildings or structures with a view to their sale;

“eligibility criteria” has the meaning given to it by section 14(2)(a);

“emergency” means any event or circumstance or combination of events or circumstances, arising out of or in connection with pyritic heave, that has occurred or may occur which—

(a) adversely affects or may adversely affect the structural integrity of a dwelling or any part thereof,

(b) results or may result in a risk to the safety of any person, and

(c) requires urgent action in order to eliminate or mitigate those adverse effects and that risk;

“establishment day” means the day appointed under section 8(1);

“hardcore” means engineered infill material designed to support a ground floor slab of a dwelling and, as the case may be, an adjoining footpath;

“Housing Agency” means the Housing and Sustainable Communities Agency;

“Minister” means the Minister for the Environment, Community and Local Government;

“pyrite remediation” means works for or ancillary to the remediation of significant pyritic damage to dwellings and includes investigation of the damage and the design, specification and supervision of such works and activities connected with the foregoing;

“pyrite remediation scheme” means the scheme made under section 13;

“pyritic heave” means upward pressure to constructed works (including floor slabs) and lateral pressure to the rising walls in buildings, resulting specifically from swelling of hardcore due to oxidation of reactive pyrite;

“reactive pyrite” means pyrite in a form that is readily oxidised;

“scheme participant” means an applicant whose dwelling has been included in the pyrite remediation scheme;

“significant pyritic damage” has the meaning given to it by section 4;

“standard for remediation” means Irish Standard 398-2:2013 Reactive pyrite in sub-floor hardcore material — Part 2: Methodology for remediation works, published by the National Standards Authority of Ireland and any amendment thereto or replacement thereof as may be prescribed under section 14(9)(b);

“standard for testing” means Irish Standard 398-1:2013 Reactive pyrite in sub-floor hardcore material — Part 1: Testing and categorisation protocol, published by the National Standards Authority of Ireland and any amendment thereto or replacement thereof as may be prescribed under section 14(9)(a);

“verification report” has the meaning given to it by section 16(2).

3. Application of Act

3. (1) This Act shall apply to the following classes of dwellings, which are used or suitable for use by a person as a place to reside:

(a) houses;

(b) apartments;

(c) duplexes;

(d) maisonettes.

(2) This Act shall also apply to a structure, area or service of a building comprising apartments, duplexes or maisonettes (or any combination of such dwellings) common to any two or more of such dwellings (in this section referred to as a “common area”).

(3) This Act shall not apply to a garage, car park, garden, patio or other structure not used for human habitation, unless the Board is satisfied that failure to include the structure concerned in the pyrite remediation scheme may result in damage to a dwelling—

(a) that has been included in the pyrite remediation scheme, or

(b) in relation to which a recommendation has been made by the Housing Agency under section 16(2)(a).

(4) This Act shall not apply to buildings, other than buildings comprising apartments, duplexes or maisonettes (or any combination of such dwellings), that provide multi-occupancy accommodation under specific conditions, including, but not limited to, nursing homes, boarding schools, hotels and hostels.

(5) This Act shall not apply to dwellings or common areas owned by the following:

(a) a Minister of the Government;

(b) the Office of the President;

(c) the Office of the Attorney General;

(d) the Office of the Comptroller and Auditor General;

(e) the Office of the Houses of the Oireachtas;

(f) a local authority;

(g) the Health Service Executive;

(h) a person established—

(i) by or under any enactment (other than the Companies Acts),

(ii) by any scheme administered by the Government, or

(iii) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;

(i) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government;

(j) a builder or developer, other than where the application is made in respect of—

(i) a dwelling that was not built or developed by that builder or developer, or

(ii) a common area and the builder or developer does not own all of the dwellings in the building of which the common area is part.

(6) Where, following consultation with the Board regarding the implementation of the pyrite remediation scheme, the Minister is satisfied that it is necessary for the purpose of pyrite remediation of a class of dwelling to which this section would apply, save that it is not specified in paragraph (a), (b), (c) or (d) of subsection (1), the Minister may prescribe that class of dwelling for that purpose.

4. Significant pyritic damage

4. In this Act “significant pyritic damage” means—

(a) (i) a damage condition rating of 1 (with progression), consistent with pyritic heave, or

(ii) a damage condition rating of 2, consistent with pyritic heave,

in each case established on foot of a building condition assessment carried out by a competent person, and

(b) hardcore classified by a competent person under and in accordance with the standard for testing as susceptible to significant or limited expansion.

5. Regulations

5. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

6. Expenses of Minister

6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

7. Advances to Housing Agency

7. The Minister, in each financial year, after consultation with the Board, may make to the Housing Agency a grant, of such amount as may be sanctioned by the Minister for Public Expenditure and Reform out of moneys provided by the Oireachtas, for the purposes of implementing the pyrite remediation scheme and matters ancillary to its implementation.

PART 2 Pyrite Resolution Board

8. Establishment of Pyrite Resolution Board

8. (1) The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

(2) There shall stand established on the establishment day a body to be known, in the English language, as the Pyrite Resolution Board, or in the Irish language, as An Bord Réitigh um Pirít, (in this Act referred to as the “Board”) to perform the functions conferred on it by this Act.

(3) Subject to this Act, the Board shall be independent in the performance of its functions.

9. Functions of Board

9. (1) The Board shall—

(a) make a scheme of pyrite remediation under section 13,

(b) direct and oversee the implementation of the pyrite remediation scheme, in accordance with the terms of that scheme,

(c) give directions to the Housing Agency in relation to all or any of the following:

(i) the carrying out of testing in accordance with the standard for testing;

(ii) the categorisation of dwellings in accordance with the standard for testing;

(iii) the verification of damage attributable to pyritic heave;

(iv) the procurement of consultants, contractors and services;

(v) the appointment of consultants and contractors for the purpose of carrying out pyrite remediation;

(vi) budgetary matters relating to the pyrite remediation scheme;

(vii) priorities within the pyrite remediation scheme having regard to allocation of expenditure and progress of pyrite remediation;

(viii) the prioritisation of dwellings affected by an emergency;

(ix) progress reports on the implementation of the pyrite remediation scheme;

(x) liaising and making arrangements with scheme participants in relation to the remediation of their dwellings;

(xi) any other matter relating to the pyrite remediation scheme as the Board considers necessary,

(d) provide information in relation to pyrite and significant pyritic damage,

(e) consider and determine applications for inclusion in the pyrite remediation scheme, and

(f) determine appeals under section 27.

(2) The Board shall have all such powers as are necessary or expedient for the performance of its functions.

(3) A direction given under subsection (1)(c) to the Housing Agency shall be in writing, and may be in electronic form.

(4) The Board, not later than 30 June in each year and in addition to the report referred to in subsection (5), shall prepare and submit to the Minister a report on the performance by it of its functions under this Act in the immediately preceding year, or, in the case of the period from the establishment day to the next following 30 June, that period, and the Minister shall, as soon as may be after receiving the report, cause copies of it to be laid before each House of the Oireachtas.

(5) At the end of every 3 month period, the first period ending 3 months after the establishment day, the Board shall provide the Minister with a report on the implementation, during the period of 3 months preceding the provision of the report, of the pyrite remediation scheme including an assessment by the Board of the operation of that scheme and each report shall contain such information as the Board considers relevant and as the Minister may specify from time to time.

10. Staffing

10. (1) The Minister, with the consent of the Board and the Minister for Public Expenditure and Reform, may second or assign to the Board such and so many of his or her officers as he or she may determine and the Housing Agency, with the consent of the Board, the Minister and the Minister for Public Expenditure and Reform, may second or assign to the Board such and so many employees of the Housing Agency as that Agency may determine, to be members of staff of the Board.

(2) The Board may perform its functions as it sees fit through or by a member of staff of the Board and in the performance of those functions that member of staff of the Board shall be subject to the directions of the Board.

(3) Any member of staff of the Board shall attend meetings of the Board when requested to do so by the Board.

11. Membership of Board and related matters

11. (1) The Board shall consist of not fewer than 4 and not more than 7 members.

(2) The members of the Board shall be appointed by the Minister.

(3) The Minister, in appointing the members of the Board, shall ensure that the members are persons who have the necessary knowledge, experience and competence in relation to the functions of the Board.

(4) Each member of the Board shall hold office for such period not exceeding 3 years from the date of his or her appointment, as the Minister shall determine.

(5) Subject to subsection (6), a member of the Board whose term of office expires by the effluxion of time shall be eligible for reappointment to the Board.

(6) A member of the Board who has served 2 terms of office shall not be eligible for reappointment to the Board.

(7) The Minister may, from time to time, nominate one member of the Board to act as its Chairman.

(8) The provisions of the Schedule shall have effect in relation to the Board.

12. Gifts

12. (1) Subject to subsections (2) and (3), the Board may, with the consent of the Minister and the Minister for Public Expenditure and Reform, accept gifts of money, land or other property.

(2) Where the donor of a gift specifies a trust or condition attaching to a gift, the Board may, with the consent of the Minister and the Minister for Public Expenditure and Reform, accept the gift subject to the trust or condition.

(3) The Board shall not accept a gift if the trust or condition attached to it by the donor is, in the opinion of the Board, inconsistent with or likely to prejudice the Board’s operational independence or the effective performance of its functions.

(4) The Board shall, as soon as may be after accepting a gift of moneys in accordance with this section, pay those moneys to the Minister.

(5) The Board shall, in such manner as, with the consent of the Minister and the Minister for Public Expenditure and Reform, it determines, sell or otherwise dispose of any land or other property, a gift of which has been accepted by it under this section and, as soon as may be after such disposal, pay the proceeds of such disposal to the Minister.

(6) The Board shall include details of any gift, the value of which exceeds an amount specified by the Minister with the consent of the Minister for Public Expenditure and Reform, in the next report prepared under section 9(4) after the gift is accepted.

(7) In subsection (6) “details” means—

(a) the name and address of the donor of the gift,

(b) a description of the gift, and

(c) particulars of any trust or condition attached to the gift.

PART 3 Pyrite Remediation Scheme

13. Making of pyrite remediation scheme

13. (1) The Board shall, as soon as may be after the establishment day, prepare a draft scheme for pyrite remediation and shall furnish the draft scheme to the Minister for his or her approval.

(2) The Minister may give notice to the Board that the draft scheme is approved and direct the Board to make the scheme.

(3) On receipt of the notice of the Minister under subsection (2), the Board shall make the scheme for pyrite remediation (in this Act referred to as the “pyrite remediation scheme”).

(4) The Board shall give notice of the making of the pyrite remediation scheme to the Minister who shall cause the scheme to be laid before each House of the Oireachtas as soon as may be after it is made.

(5) The pyrite remediation scheme may be amended or revoked and replaced by a subsequent scheme prepared, furnished and approved under this section.

(6) The Board shall publish the pyrite remediation scheme and any amendment or replacement thereof in such manner, including by electronic means, as it sees fit.

14. Pyrite remediation scheme

14. (1) The pyrite remediation scheme shall include the terms and conditions applicable to that scheme.

(2) Without prejudice to the generality of subsection (1), the pyrite remediation scheme shall provide for all or any of the following matters:

(a) the criteria to be fulfilled by an applicant in order that a dwelling owned by that applicant shall be eligible for inclusion in the pyrite remediation scheme (in this Act referred to as the “eligibility criteria”);

(b) limits on the amounts, in respect of pyrite remediation or any element thereof, that may be expended on any dwelling;

(c) requirement of compliance with the standard for testing to determine presence of significant pyritic damage in any dwelling;

(d) requirement of compliance of pyrite remediation in any dwelling with the standard for remediation;

(e) the limits on the amounts recoverable by a scheme participant in respect of—

(i) vouched costs incurred by that scheme participant, or

(ii) costs that are demonstrated, to the satisfaction of the Board, as to be incurred by that scheme participant,

in relation to the following:

(I) cost of the building condition assessment;