Remediation of Dwellings Damaged By the Use of Defective Concrete Blocks Act 2022

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint, 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. (1) In this Act—

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2001” means the Local Government Act 2001;

“Act of 2004” means the Residential Tenancies Act 2004;

“administrative area” has the same meaning as it has in the Act of 2001;

“ancillary grant” has the meaning given to it by section 10(2);

“Appeal Board” means an Appeal Board constituted under section 38(1);

“Appeals Panel” has the meaning given to it by section 37(1);

“approved remediation option” has the meaning given to it by section 16;

“building condition assessment” has the meaning given to it by section 12(1)(a);

“building condition assessment report” has the meaning given to it by section 12(1)(b);

“certificate of remediation” shall be construed in accordance with section 20;

“defective concrete blocks” means concrete blocks that contain excessive amounts of free or unbound muscovite mica or reactive pyrite or a combination of both, or excessive amounts of such other deleterious material or combination of materials as may be prescribed under section 41;

“designated local authority” means a local authority designated by order under section 5;

“designated local authority area” has the meaning given to it by section 5;

“dwelling” means a house and does not include an apartment, maisonette or duplex;

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

F1[“increased grant” has the meaning given to it bysection 17A(6)(a);]

“I.S. 465:2018” means Irish Standard 465:2018 Assessment, testing and categorisation of damaged buildings incorporating concrete blocks containing certain deleterious materials and Amendment 1:2020, published by the National Standards Authority of Ireland;

“landlord” means the person entitled to receive (otherwise than as agent for another person) the rent in respect of a dwelling from the tenant;

“letter of assurance” shall be construed in accordance with section 21;

“local authority” has the same meaning as it has in the Act of 2001;

“Minister” means the Minister for Housing, Local Government and Heritage;

“owns” means an individual who has a freehold estate or a leasehold estate, with more than 70 years remaining on the term of the lease, in the relevant dwelling;

“prescribed” means prescribed by regulations made by the Minister;

“relevant dwelling” means relevant dwelling under section 8;

“relevant owner”, other than in Chapter 2 of Part 3, means relevant owner under section 9(1);

“remediation option” has the meaning given to it by section 12(1)(c);

“remediation option grant” has the meaning given to it by section 10(1);

“residential tenancies register” means the register established and maintained by the Residential Tenancies Board under section 127 of the Act of 2004;

“second grant” has the meaning given to it by section 25;

“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied;

“tenant” means a person entitled to the occupation of a dwelling under a tenancy.

(2) A notification or notice that is required to be given or issued to a person under this Act shall be in writing.

3. Regulations

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

(2) Regulations made under this Act may include 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 it is passed by either House within the next 21 days on which that House sits after it is laid before the House, it shall be annulled accordingly, but without prejudice to the validity of anything previously done by or under it.

4. Expenses

4. 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 monies provided by the Oireachtas.

5. Designated local authority

5. (1) The Government may by order designate a local authority to be a designated local authority for the purposes of this Act.

(2) A local authority may be designated under subsection (1) in respect of the whole of, or part of, its administrative area (in this Act referred to as a “designated local authority area”).

(3) The following local authorities are each deemed to be a designated local authority in respect of the whole of its administrative area:

(a) Clare County Council;

(b) Donegal County Council;

(c) Limerick City and County Council;

(d) Mayo County Council.

(4) Where an order designates part only of the administrative area of the designated local authority the order shall have scheduled to it a map of that part and a copy of the map shall—

(a) be deposited and made available for inspection by the public at the offices of the local authority designated by the order, and

(b) be made available on a website maintained by or on behalf of the designated local authority.

(5) A designated local authority shall be responsible for the performance, in its designated local authority area, of the functions assigned to it by or under this Act.

(6) An order may only be made by the Government where the Housing Agency has made a recommendation under subsection (9).

(7) A local authority, in respect of its administrative area, or the Minister, in respect of the administrative area of a local authority, may request the Housing Agency to assess whether there are dwellings located in the administrative area, or part of that area—

(a) in the construction of which defective concrete blocks were used, and

(b) to which damage has been caused by the use of such blocks.

(8) Where a request is made under subsection (7), the Housing Agency may direct an authorised officer of the Housing Agency to carry out testing of dwellings located in the administrative area, or part of the administrative area, the subject of the request.

(9) The Housing Agency shall, as soon as practicable after the completion of any testing, and having regard to the results of any testing, report the results of its assessment under subsection (7) to the Minister and—

(a) make a recommendation to the Minister that an order be made designating the local authority in respect of the whole of, or part of, its administrative area, or

(b) make a recommendation to the Minister that an order not be made.

(10) A recommendation shall—

(a) include the reasons for the recommendation, and

(b) where the recommendation is that the local authority should be designated in respect of part of its administrative area, include a map of that part.

(11) For the purposes of making a recommendation, the Housing Agency may consult with—

(a) the local authority which made the request, or

(b) such other persons as it considers appropriate.

(12) For the purposes of considering a recommendation the Minister may—

(a) consult with such persons as he or she considers appropriate, or

(b) request any information he or she considers necessary from the local authority which made the request, or the Housing Agency.

(13) The Government may, where it considers it appropriate to do so and notwithstanding the recommendation made, make an order in respect of the whole of, or part of, the administrative area of the local authority, including a part different from the part in respect of which the recommendation is made.

(14) The Minister may prescribe—

(a) the form and manner in which a request by a local authority under subsection (7) may be made,

(b) the standards of, and procedures for carrying out, testing referred to in subsection (8), or

(c) the form and manner in which a recommendation under subsection (9) shall be made.

(15) The Minister shall have regard to I.S. 465:2018, or any amendment or replacement of it, in making regulations referred to in subsection (14)(b).

(16) Where an order is proposed to be made under subsection (1), a draft of the order shall be laid before each House of the Oireachtas and it shall not be made until a resolution approving the draft has been passed by each such House.

6. Advances to and expenditure of designated local authority and Housing Agency

6. (1) In each financial year the Minister may advance such amount of money as he or she considers appropriate to each of the following for the purposes of the performance by them of their respective functions under this Act:

(a) a designated local authority;

(b) the Housing Agency.

(2) The advance shall be made by the Minister out of monies provided by the Oireachtas for the purpose of implementing this Act.

(3) The Minister may impose such terms and conditions on the advance as he or she considers appropriate.

(4) Each of the following shall submit a budget of its proposed expenditure in the performance of its functions under this Act in each financial year to the Minister:

(a) the Housing Agency;

(b) a designated local authority.

(5) A budget referred to in subsection (4) shall be submitted—

(a) before the date of the start of the financial year to which it relates, but not more than one year prior to that date, and

(b) in accordance with regulations made under subsection (9).

(6) The Minister may approve the budget without modifications or approve the budget with such modifications as he or she considers appropriate.

(7) The Minister may consult with the designated local authority or the Housing Agency, as the case may be, for the purposes of subsection (6).

(8) Each of the following shall submit a report of its expenditure incurred in the performance of its functions under this Act in each financial year to the Minister:

(a) the Housing Agency;

(b) a designated local authority.

(9) The Minister may prescribe:

(a) the form and content of a budget referred to in subsection (4) and a report referred to in subsection (8);

(b) the intervals at which, and the periods in relation to which, a budget referred to in subsection (4) or a report referred to in subsection (8) shall be submitted.

PART 2 Grants

7. Definitions for Part 2

7. In this Part—

“additional works” has the meaning given to it by section 10(9);

“company” means a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act;

“competent architect” means a person whose name is entered in the register for architects established under Part 3 of the Building Control Act 2007, and who has completed such training in relation to damage caused to dwellings by the use of defective concrete blocks in their construction as may be prescribed;

“competent building professional” means a competent building surveyor, competent engineer or competent architect;

“competent building surveyor” means a person whose name is entered in the register for building surveyors established under Part 5 of the Building Control Act 2007, and who has completed such training in relation to damage caused to dwellings by the use of defective concrete blocks in their construction as may be prescribed;

“competent engineer” means a person whose name is entered in the register kept by The Institute of Engineers of Ireland under section 7 of The Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969, and who has completed such training in relation to damage caused to dwellings by the use of defective concrete blocks in their construction as may be prescribed;

“contractor” means an individual, sole trader, partnership or company who or that carries out, or who or that it is proposed will carry out, some or all of the works to a relevant dwelling pursuant to a remedial works plan;

“immediate repairs” means works relating to the structural stability of any part of a dwelling damaged by defective concrete blocks that require necessary immediate action;

“post works remedial works plan” means the plan required to accompany an application for final payment under F3[section 18or18A, as the case may be];

“principal private residence” means a dwelling a relevant owner of which occupies it as his or her only or main residence;

F4[“qualifying expenditure” has the meaning given to it bysection 17A;]

“remedial works plan” means the plan required to be provided to the designated local authority under section 17;

F4[“revised I.S. 465:2018” has the meaning given to it bysection 23A(1);]

“unauthorised structure” has the same meaning as it has in the Act of F3[2000;]

F4[“updated remediation option” has the meaning given to it bysection 23A(1)(b);]

F4[“updated remediation option grant” has the meaning given to it bysection 23A(1)(b).]

8. Relevant dwelling

8. (1) Subject to subsection (2), for the purposes of this Act, a dwelling is a relevant dwelling if—

(a) it is located in a designated local authority area,

(b) the construction of the dwelling was completed before 31 January 2020,

(c) defective concrete blocks were used in its construction, and damage was caused to the dwelling as a result of the use of those blocks, and

(d) it is not an unauthorised structure.

(2) A relevant dwelling shall not include—

(a) any structure on land appurtenant to the dwelling in the construction of which defective concrete blocks were used, unless the Housing Agency is satisfied on considering the application under section 16(4) that damage may be caused to the dwelling, after the completion of a remediation option, by the failure to include the structure, or

(b) a building that provides multi-occupancy accommodation under conditions specified by the provider of the accommodation, including a nursing home, boarding school, hotel or hostel.

9. Relevant owner

9. (1) For the purposes of this Act, other than in Chapter 2 of Part 3, “relevant owner” shall be construed in accordance with this section.

(2) A relevant owner is an individual who owns, whether jointly or not, a relevant dwelling and—

(a) became an owner of the dwelling prior to 31 January 2020,

(b) inherited the dwelling on or after 31 January 2020, or

(c) subject to subsection (4), purchased the dwelling on or after 31 January 2020.

(3) In order to be a relevant owner under subsection (2), the individual referred to in that subsection—

(a) subject to subsections (5) and (6), uses the dwelling as his or her principal private residence, or

(b) was the landlord of a tenancy of the dwelling which stood registered in the residential tenancies register on or before 1 November 2021.

(4) An individual who purchased a relevant dwelling on or after 31 January 2020, other than a dwelling in respect of which a letter of assurance has been issued, shall not be a relevant owner where he or she knew or ought to have known that defective concrete blocks were used in the construction of the dwelling.

(5) An individual shall be deemed to use a dwelling as his or her principal private residence where he or she so used the dwelling but ceased to do so due to damage to the dwelling caused by the use of defective concrete blocks in its construction.

(6) Where more than one individual owns a relevant dwelling, and at least one of the individuals use the dwelling as his or her private residence for the purposes of subsection (3)(a), any other of the individuals who do not use the dwelling as his or her principal private residence shall be deemed to have complied with subsection (3)(a) for the purposes of this Act.

(7) An individual deemed under subsection (6) to have complied with subsection (3)(a) in relation to a relevant dwelling shall not be precluded on that basis from being a relevant owner of a different relevant dwelling.

10. Grants

10. (1) A grant approved under section 16(4)(a)(ii) (in this Act referred to as a “remediation option grant”) to enable a relevant owner of a relevant dwelling to complete an approved remediation option in respect of the relevant dwelling shall be calculated in accordance with this section.

(2) A grant approved under section 22 (in this Act referred to as an “ancillary grant”), for any or all of the following, shall be calculated in accordance with this section:

(a) to enable, subject to section 22(4)(a), a relevant owner to pay for accommodation alternative to the relevant dwelling where—

(i) the relevant dwelling is no longer habitable due to damage caused by the use of defective concrete blocks in its construction, or

(ii) the alternative accommodation is necessary during the carrying out of the remediation option;

(b) to enable a relevant owner to pay for the storage of contents of a relevant dwelling;

(c) to enable a relevant owner to complete immediate repairs to the relevant dwelling.

(3) A remediation option grant referred to in subsection (1) or, where applicable, the total amount of a remediation option grant and an ancillary grant referred to in subsection (1) and (2), shall not exceed the amount of €420,000.

(4) A grant—

(a) referred to in subsection (2)(a), shall be of an amount not exceeding €15,000,

(b) referred to in subsection (2)(b), shall be of an amount not exceeding €5,000, and

(c) referred to in subsection (2)(c), shall be of an amount not exceeding €5,000.

F6[(4A) The total amount which may be paid to a relevant owner undersections 18,18Aand22shall not exceed the amount referred to insubsection (3).]