Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025

Type Act

Publication 2025-12-23

State In force

Source Irish Statute Book

PART 1 Preliminary and General

1. Short title, commencement and collective citation

1. (1) This Act may be cited as the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025.

(2) This Act shall come into operation on such day or days as the Minister for Housing, Local Government and Heritage 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.

(3) The Building Control Acts 1990 to 2020 and Part 3 may be cited together as the Building Control Acts 1990 to 2025.

PART 2 Amendment of Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

2. Interpretation (Part 2)

2. In this Part, “Principal Act” means the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022.

3. Amendment of section 2 of Principal Act

3. Section 2(1) of the Principal Act is amended by the insertion of the following definition:

“ ‘increased grant’ has the meaning given to it by section 17A(6)(a);”.

4. Amendment of section 7 of Principal Act

4. Section 7 of the Principal Act is amended—

(a) by the substitution, in the definition of “post works remedial works plan”, of “section 18 or 18A, as the case may be” for “section 18”,

(b) by the substitution, in the definition of “unauthorised structure” of “2000;” for “2000.”, and

“ ‘qualifying expenditure’ has the meaning given to it by section 17A;

‘revised I.S. 465:2018’ has the meaning given to it by section 23A(1);

‘updated remediation option’ has the meaning given to it by section 23A(1)(b);

‘updated remediation option grant’ has the meaning given to it by section 23A(1)(b).”.

5. Amendment of section 10 of Principal Act

5. Section 10 of the Principal Act is amended—

(a) by the deletion, in subsection (3), of “or, where applicable, the total amount of a remediation option grant and an ancillary grant referred to in subsection (1) and (2),”, and

(b) by the insertion of the following subsections after subsection (4):

“(4A) The total amount which may be paid to a relevant owner under sections 18, 18A and 22 shall not exceed the amount referred to in subsection (3).

(4B) The designated local authority shall, before making a payment to a relevant owner under section 18, 18A or 22, as the case may be, review the total amount of payments made to the relevant owner under sections 18, 18A and 22 and the designated local authority shall, where necessary to comply with subsection (4A), reduce the amount of the remediation option grant, the increased grant or the ancillary grant, as the case may be.”.

6. Amendment of section 13 of Principal Act

6. Section 13(11) of the Principal Act is amended by the substitution, in paragraph (b), of “90 days” for “28 days”.

7. Damage threshold for attached dwellings

7. The Principal Act is amended by the insertion of the following section after section 15:

“15A. (1) Where a determination is made under section 15(1)(b) that a relevant dwelling does not meet the damage threshold, the relevant owner may make a notification under subsection (2) where—

(a) the relevant dwelling is—

(i) terraced or semi-detached, and

(ii) connected to another relevant dwelling,

(in this section the first-mentioned relevant dwelling is referred to as an ‘attached dwelling’), and

(b) the Housing Agency has approved a remediation option and remediation option grant under section 16(4)(a) in relation to the relevant dwelling referred to in paragraph (a)(ii).

(2) The relevant owner referred to in subsection (1) may notify the designated local authority that he or she is seeking a determination under section 15(1)(a) that the attached dwelling meets the damage threshold.

(3) A notification under subsection (2) shall—

(a) be made in such form and manner as may be prescribed, and

(b) be accompanied by—

(i) such evidence as may be prescribed of the matters referred to in paragraphs (a) and (b) of subsection (1), and

(ii) such other documents or information as may be prescribed for the purposes of the notification.

(4) The designated local authority shall, having regard to any matters prescribed under subsection (8), consider the notification under subsection (2) and decide—

(a) where it is satisfied that the notification is made in accordance with subsection (3), that the Housing Agency shall be deemed to have made a determination under section 15(1)(a) that the attached dwelling meets the damage threshold, or

(b) where it is not satisfied that the notification is made in accordance with subsection (3), that the determination of the Housing Agency under section 15(1)(b) in relation to the attached dwelling remains valid.

(5) The designated local authority shall, as soon as practicable, notify the relevant owner of the attached dwelling and the Housing Agency of its decision under subsection (4).

(6) Where a decision is made under subsection (4)(b), a notification under subsection (5) shall state that the relevant owner of the attached dwelling may appeal the decision in accordance with Part 5 within 90 days of the date of the notification.

(7) Where a decision is made under subsection (4)(a), the Housing Agency shall, notwithstanding the criteria prescribed under section 16(10)(c), in so far as is possible, prioritise the assessment and consideration of the application under section 16.

(8) The Minister may prescribe the matters to which a designated local authority is to have regard in considering the notification under subsection (2).

(9) In this section, ‘damage threshold’ has the meaning given to it by section 15.”.

8. Amendment of section 17 of Principal Act

8. Section 17 of the Principal Act is amended—

(a) by the substitution, in subsection (3), of “section 18 or 18A, as the case may be,” for “section 18”, and

(b) by the substitution, in subsection (8)(a), of “with section 18 or 18A, as the case may be, and section 19” for “sections 18 and 19”.

9. Application for increase to remediation option grant

9. The Principal Act is amended by the insertion of the following section after section 17:

“17A. (1) A relevant owner may apply to the designated local authority for an increase to the remediation option grant where the relevant owner—

(a) received, before the coming into operation of the section 11 Order on 23 October 2024, a notification under section 16(9) which relates to a decision under section 16(4)(a), and

(b) has evidence of qualifying expenditure.

(2) A relevant owner who, before the date of the coming into operation of section 9 of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025, has received the final part payment of a remediation option grant or the payment of the whole of the remediation option grant under section 18, may not make an application under subsection (1) unless the relevant owner did not receive payment under section 18 for the total amount of qualifying expenditure.

(3) An application under subsection (1) shall be accompanied by—

(a) evidence of qualifying expenditure, and

(b) details of any payment which the applicant, or any other person who has a legal or beneficial interest in the dwelling, has received other than under this Act, in respect of damage to the dwelling caused by the use of defective concrete blocks in its construction.

(4) For the purposes of considering the application under subsection (1), the designated local authority may require the applicant to provide further information or documents within a specified period.

(5) Where an applicant does not comply with a requirement under subsection (4), the application shall be considered to have been withdrawn.

(6) The designated local authority shall consider an application under subsection (1) and decide—

(a) where it is satisfied that the application is made in accordance with subsections (1) and (3) and any regulations made under subsection (12), to approve an increase to the remediation option grant (in this Act referred to as the ‘increased grant’) which, subject to subsection (11), may be paid to the relevant owner under section 18A for the purpose of qualifying expenditure, or

(b) where it is not satisfied that the application is made in accordance with subsections (1) and (3) and any regulations made under subsection (12), to refuse the application.

(7) The increased grant shall be calculated by the designated local authority—

(a) in accordance with section 10—

(i) as amended by the section 11 Order, and

(ii) subject to the modification that each reference in subsection (5) to ‘prescribed under section 12’ shall be construed as a reference to ‘in accordance with the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Regulations 2023 ( S.I. No. 347 of 2023 ), as amended by the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Regulations 2024 ( S.I. No. 621 of 2024 )’,

and

(b) using the same measurements of the relevant dwelling that were used by the Housing Agency in calculating the remediation option grant.

(8) Where a relevant owner states in the application under subsection (1) that he or she, or any other person who has a legal or beneficial interest in the relevant dwelling, received a payment from another person, other than under this Act, in respect of damage to the relevant dwelling caused by the use of defective concrete blocks in its construction, the designated local authority shall reduce the increased grant by the amount of the payment.

(9) Where the remediation option grant approved under section 16(4) was reduced under section 17(5), the designated local authority shall reduce the amount of the increased grant on the same basis.

(10) The designated local authority shall, as soon as practicable, notify the applicant of its decision under subsection (6) and, where applicable, of a reduction under subsection (8) or (9), as the case may be, and the notification shall—

(a) include the reasons for the decision, and

(b) state that the relevant owner may appeal the decision in accordance with Part 5 within 90 days of the date of the notification.

(11) A relevant owner shall make an application for payment of a remediation option grant in respect of all expenditure incurred, other than qualifying expenditure, under section 18 before he or she makes an application for payment of an increased grant under section 18A.

(12) The Minister may prescribe:

(a) the form and manner in which an application under this section shall be made;

(b) the form and manner in which a requirement may be made under subsection (4);

(d) the method and procedure by which an increased grant may be reduced under subsection (8) or (9);

(e) the form and manner in which a notification may be given under subsection (10).

(13) In this section—

‘section 11 Order’ means the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (Section 11) Order 2024 (S.I. 577 of 2024);

‘qualifying expenditure’ means expenditure, in carrying out works to satisfy the approved remediation option, incurred by the relevant owner after the date of the notification referred to in subsection (1)(a), but not earlier than 29 March 2024.”.

10. Amendment of section 18 of Principal Act

10. Section 18 of the Principal Act is amended—

(a) by the substitution, in subsection (1), of “section 10(4B), 16(8), 17(5) or 23B(9)” for “section 16(8) or 17(5)”, and

(b) by the substitution, in subsection (4)(a), of “section 10(4B), 16(8), 17(5) or 23B(9)” for “section 16(8) or 17(5)”.

11. Payment of increased grant

11. The Principal Act is amended by the insertion of the following section after section 18:

“18A. (1) Subject to subsection (5), a relevant owner may apply to the designated local authority for payment of an increased grant for qualifying expenditure, in whole or in parts, subject to any reduction made under subsection (8), section 10(4B) or subsection (8) or (9) of section 17A.

(2) An application under subsection (1) shall only be made in respect of qualifying expenditure that has not been paid in whole or in part under section 18.

(3) An application for part payment (other than the final part payment) of an increased grant shall be accompanied by—

(a) an interim valuation certificate completed in accordance with subsection (9), and

(b) evidence of the expenditure incurred by the relevant owner on or after 29 March 2024 in carrying out the works described in the interim valuation certificate.

(4) An application for the final part payment of the increased grant or for payment of the whole of the grant shall be accompanied by—

(a) a post works remedial works plan completed in accordance with subsection (10),

(b) a certificate of remediation completed in accordance with section 20, and

(c) evidence of the expenditure incurred by the relevant owner on or after 29 March 2024 in completing the works described in the post works remedial works plan.

(5) Where a relevant owner referred to in section 17A(2) receives a notification under section 17A(10) which relates to a decision under section 17A(6)(a), the relevant owner may make one application for payment of an increased grant under subsection (1).

(6) An application for payment of the increased grant by a relevant owner referred to in subsection (5) shall be accompanied by—

(a) a final valuation certificate completed in accordance with subsection (11), and

(b) evidence of the expenditure incurred by the relevant owner on or after 29 March 2024 in completing the works described in the final valuation certificate.

(7) The total amount of payments which may be made to a relevant owner under this section shall not exceed the lesser of—

(a) the amount of the increased grant, subject to any reduction made under subsection (8), section 10(4B) or subsection (8) or (9) of section 17A, or

(b) the expenditure incurred and evidenced by the relevant owner in an application under this section in completing the approved remediation option (including the value added tax paid by the relevant owner for that purpose).

(8) Where a relevant owner has received payment of a remediation option grant under section 18, the designated local authority shall reduce the amount of the increased grant by the total amount of payments to the relevant owner under section 18.

(9) An interim valuation certificate shall—

(a) describe the works completed since the date of commencement of the works notified to the designated local authority under section 19, or where a previous interim valuation certificate has been provided to the designated local authority under this section or section 18, since the date of that previous interim valuation certificate, and

(b) be prepared by the competent engineer, or where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the competent building professional, who designed and inspected the works referred to in paragraph (a).

(10) A post works remedial works plan shall—

(a) describe the works completed since the date of commencement of the works notified to the designated local authority under section 19, and

(11) A final valuation certificate shall—

(a) describe the works completed for which evidence referred to in subsection (6)(b) has been provided, and

(12) The designated local authority shall refuse to make a payment applied for under subsection (1)—

(a) where the conditions referred to in section 17(8) have not been complied with,

(b) in respect of any additional works, or

(13) Without prejudice to subsection (12), the designated local authority shall refuse to make a part payment where—

(a) the relevant owner fails to comply with subsection (3), or

(b) the works carried out are not in accordance with the remedial works plan.

(14) Without prejudice to subsection (12), the designated local authority shall refuse to make the final part payment of the increased grant or the payment of the whole of the increased grant where—

(a) the relevant owner fails to comply with subsection (4), or

(b) the works carried out are not sufficient to satisfy the approved remediation option.

(15) Without prejudice to subsection (12), the designated local authority shall refuse to make a payment to a relevant owner referred to in subsection (5) where—

(a) the relevant owner fails to comply with subsections (5) and (6), or

(b) the works carried out are not in accordance with the remedial works plan.

(16) For the purposes of determining whether or not to make a payment, or part payment, of an increased grant under this section, an authorised officer of the designated local authority may—

(a) inspect the works carried out, or being carried out, to the relevant dwelling, and

(b) make enquiries of such persons as he or she considers necessary.

(17) Where the designated local authority refuses to make a payment of the increased grant under this section, it shall notify the relevant owner of the refusal and the reasons for the refusal.

(18) A notification under subsection (17) shall state that the relevant owner may appeal the refusal in accordance with Part 5 within 90 days of the date of the notification.

(19) The Minister may, for the purposes of this section, prescribe:

(a) the form and manner in which an application under this section shall be made;

(b) the evidence to be provided in an application under this section relating to prior payments for qualifying expenditure under section 18;

(d) the form and content of post works remedial works plans;

(e) the form and content of final valuation certificates;

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