Oireachtas Joint and Select Committees

Tuesday, 1 December 2020

Joint Oireachtas Committee on Housing, Planning and Local Government

Construction Defects: Discussion with Construction Defects Alliance

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail) | Oireachtas source

I thank the witnesses for joining us. In many ways, it is poignant that they are joining us from their homes, which are the subject of today's meeting. Many of those who have spoken have said they were not in a management company at a particular time. That is partly because the group of people which has been asked to take on many of these issues comprises those who voluntarily contributed to their owner management companies. They are the organisations that ten years ago would have dealt with unfinished estates, the liquidation of developers and issues around the Multi-Unit Development Act. They then discovered issues around defects. It was like a third wave.

All of that has taken a huge toll on people who have voluntarily contributed to the process to, in effect, co-own the developments they live in. We have talked a great deal about co-living, but apartment owners effectively co-own properties. It is important that we acknowledge the work that has been done by homeowners. There has been a significant departure in the programme for Government in the direction relating to this issue. While previously the Government relied on the view that it was a private matter, as Deputy Ó Broin said, there has been an indication that there is a significant State involvement in this and that it is not a purely private matter. I welcome the hope that we can deliver some new scheme in next year's budget and that the working group will help to deliver that at the start of next year.

I know that the witnesses have met with departmental officials and that the relationship with the new Minister is positive. They will want to see the detail of what that will actually mean. It is easy for a new Minister to support them, but that has to be delivered and I hope we will start to see that. I have spoken to the Minister. He has moved quickly to deal with issues such as pyrite and mica. I hope he will also be able to move in this area.

I want to discuss what Ms Holland referred to, namely, accountability. I remember some of the early meetings with Ms Deirdre Fox of the Apartment Owners Network in the atrium in Dublin City Council. The witnesses have been forced into a very difficult position whereby they have had to take a pragmatic approach to try to resolve their issue rather than going down the chain of accountability to which Senator Seery Kearney referred. The problem with that is while we might be able to find a resolution, the people who caused the problem may not face consequences.

Trying to get a resolution for each owner is important and we must focus on that first. However, we also have to let the industry know that it failed and that there must be accountability. If it is not forthcoming in supporting the funding of this problem the Government will have to go further and force it to do so.

I suggest that the legal mechanisms which will be introduced may not be retrospective. That will pose a significant challenge. Ms Holland's contribution was important because the issue of accountability has to be addressed, as well as remediating the financial costs involved.

I refer to multi-unit developments and the legislation relating to them.

This idea of neighbours forcing other neighbours to do certain things is emotionally difficult. There has to be a legal resolution. We need to revisit the multi-unit developments legislation and ensure that it is progressed by the Department.

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