Eoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

I move amendment No. 40:

In page 7, between lines 33 and 34, to insert the following:

“Amendment of Table to section 34 of Act of 2004

5. (1) Section 34 of the Act of 2004 is amended, in paragraph (a), by— (a) the deletion in subparagraph (i), of "and",

(b) the substitution of the following subparagraph for subparagraph (ii):

"(ii) the notice of termination cites as the reason for the termination the ground or grounds concerned and contains or is accompanied—

(I) in the case of paragraph 2, 5 or 6 of that Table, by the statement referred to in that paragraph, and

(II) in the case of paragraph 3 or 4 of that Table, by the statutory declaration referred to in that paragraph, and",

and

(c) the insertion of the following subparagraph:

"(iii) in the case of a notice of termination that cites as the reason for the termination the ground specified in paragraph 5, the notice of termination contains or is accompanied by a certificate in writing of a registered professional (within the meaning of the Building Control Act 2007) stating that—

(I) the proposed refurbishment or renovation works would pose a risk to the health or safety of the occupants of the dwelling concerned and should not proceed while the dwelling is occupied, and

(II) such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks,”.

(2) The Table to section 34 of the Act of 2004 is amended—

(a) in paragraph 3, by the substitution of "9 months" for "3 months",

(b) in clause (i) of subparagraph (b) of paragraph 4, by the substitution of "12 months" for "6 months",

(c) in subparagraph (b) of paragraph 5, by the substitution of the following clause for clause (i):

"(i) the dwelling becomes available for reletting by reason of the completion of the works of refurbishment or renovation, and",

and

(d) in clause (i) of subparagraph (b) of paragraph 6, by the substitution of "12 months” for "6 months".".