Mr. Kevin Kelly:

I thank the Cathaoirleach. I was a little bit flaithiúileach in the opening statement that I had submitted, so I will not read out every paragraph of it.

I am the chief executive of Mayo County Council and chair of the County and City Management Association, CCMA, committee on housing, building and land use. I am accompanied today by Liam Ward, director of services at Donegal County Council. On behalf of the CCMA, I thank the committee for its invitation to contribute to the discussions regarding the defective concrete block scheme and the review of IS 465.

The distress that defective concrete blocks have caused to property owners, primarily in counties Donegal and Mayo to date, is widespread and palpable. This long-standing issue has impacted thousands of homes, consequently affecting families and entire communities.

The defective concrete blocks grant scheme, enacted on January 31, 2020 was exclusively aimed at mitigating the problem in counties Donegal and Mayo but the complexities inherent in the situation and the untested aspects of the scheme resulted in slower than anticipated progress. Appendix 1 in my accompanying statement sets out the position in respect of applications in both Donegal and Mayo. In response to this issue, Donegal County Council and Mayo County Council established local committees comprising councillors, action group members, homeowners and council executive members. These committees have been engaged in extensive discussions to facilitate greater understanding and to address the multifaceted complexities associated with this issue and its resolution.

As we advance the implementation of the new regulations, it is crucial that the functions of local authorities and the Housing Agency are streamlined as much as possible. While the frequently asked questions and ministerial guidelines set out the steps in some detail, issues will undoubtedly emerge during implementation and we must collectively work to resolve these issues quickly. In this regard, the establishment of an implementation steering group made up of officials from the relevant local authorities, the Department, the Housing Agency and the homeowner’s liaison officer to ensure the successful roll-out of the enhanced scheme, will be beneficial. The Minister has acknowledged that the scheme will evolve and that given the complex nature of the scheme, it will be important to keep the operation of the regulations and guidelines under review. The implementation steering group will be tasked with working through issues as they arise and to make recommendations to the Minister if further changes to the regulations or guidelines are needed.

The setting up of an engineering team within the Housing Agency, supported by consultants, to focus and deal with engineering aspects of the enhanced scheme is a positive step to address some of the challenges within the existing scheme and is welcomed. This provides for a single engineering decision-maker for each application, on the eligibility of the dwelling, the appropriate remediation option and the grant amount. It remains to be seen if further recourse to the Housing Agency will be required at later stages of the process such as if there is any deviation by the homeowner from the agreed remediation plan.

Obtaining the Government grant and the payment of the actual moneys must be streamlined and timely in order to build confidence and to get through the workload. The quick turnaround of moneys to builders and suppliers will help maintain essential cash flow and retain those builders and suppliers in the marketplace. However, the spending of this level of funds must also stand up to audit and normal public scrutiny and the required oversight and certifications will be required at the necessary intervals by the responsible and accountable professionals. The professional engineering services for the enhanced scheme will be provided by the Housing Agency and its consultant engineering firms on behalf of the State. The professional engineering and architectural services for the homeowner will be provided by the homeowner's private engineer. It has been outlined that the Act requires designated local authorities to carry out a series of administrative checks only and at no stage does a local authority have to make any adjudication in relation to already certified engineering decisions, and therefore the role of the local authority is clear in this regard and it is important that all understand the reliance that will be placed on the engineers' certifications.

It is noted that there is a provision for the extension of the period for carrying out the works by up to 24 weeks due to exceptional circumstances beyond the control of the applicant.

It is important there is a clear and consistent approach across local authorities in this regard.

The homeowner is required to have their building construction professional provide a certificate of compliance with the planning permission for the existing dwelling. While is it clear that local authorities are entitled and expected to rely on such certification, the provision of same may be difficult for agents given that many developments may contain some modifications and queries may arise in respect of compliance or substantial compliance.

The funding for both storage and temporary accommodation, as part of the enhanced scheme is positive for homeowners but significant challenges may remain in securing temporary accommodation within a limited rental market. Given the level of funds that may be administered under the scheme a streamlined and efficient process for local authorities to receive reimbursement for any financial outlay without delay is essential and the CCMA supports any digitalisation of the application and processing systems to ensure speedy processing and communications thereby reducing confusion and delays.

The Act suggests that development consisting of the completion of an approved remediation option shall be exempted where, on its completion, it is not inconsistent with, or materially different from, the appearance and character of the relevant dwelling in respect of which the approved remediation option is to be or has been completed. This planning exemption is described as like for like and the guidance deals with issues around planning, building control, foundations, etc. This is an area that the implementation steering group may need to examine to ensure that the limits of the flexibility that appears to be intended by the scheme are correctly understood by homeowners and their agents in the context of planning law generally and in particular what deviations from the current building will attract the requirement for a planning application.

It was of concern that until now the scheme did not include social houses impacted by defective concrete blocks but it is noted that the Department have signalled the introduction of a scheme to Exchequer-fund local authority and approved housing body-owned social homes which have been damaged by defective concrete blocks and this is welcomed. The CCMA supports the initiative by Government in tasking the NSAI with a crucial role of reviewing the current IS 465 standards, supported by the inter-agency defective concrete blocks - technical matters steering group.

In conclusion, the remediation of property damage due to defective concrete blocks is a significant task. It necessitates a concerted effort across Government, local authorities, the Housing Agency and homeowners. With the right steps, including streamlining processes and clearly defined responsibilities, we can address this issue efficiently. The CCMA’s objective remains to deliver prompt and beneficial outcomes for the homeowners affected by this crisis.