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Joint Oireachtas Committee on Housing, Planning and Local Government: Social and Affordable Housing: Discussion (22 Mar 2022)

Eoin Ó Broin: The witnesses are at our mercy for the next 60 minutes.

Joint Oireachtas Committee on Housing, Planning and Local Government: Social and Affordable Housing: Discussion (22 Mar 2022)

Eoin Ó Broin: Is this for cities?

Joint Oireachtas Committee on Housing, Planning and Local Government: Social and Affordable Housing: Discussion (22 Mar 2022)

Eoin Ó Broin: Yes. Go ahead.

Written Answers — Department of Housing, Planning, and Local Government: Departmental Data (10 Mar 2022)

Eoin Ó Broin: 219. To ask the Minister for Housing, Planning, and Local Government the capital cost ceilings for each local authority for the Social Housing Investment Programme, part V, turnkey and acquisitions in tabular form; and if these ceilings have been reviewed recently or are in the process of being reviewed. [13678/22]

Written Answers — Department of Housing, Planning, and Local Government: Departmental Data (10 Mar 2022)

Eoin Ó Broin: 220. To ask the Minister for Housing, Planning, and Local Government the number of social housing developments and units currently delayed due to the cost being above the capital cost ceilings in tabular form. [13679/22]

Written Answers — Department of Housing, Planning, and Local Government: Housing Provision (10 Mar 2022)

Eoin Ó Broin: 221. To ask the Minister for Housing, Planning, and Local Government the number of social housing developments and units currently delayed due to issues arising from the application of the availability agreement formulae; if the formulae are being reviewed; and if so, when the review will be concluded. [13680/22]

Written Answers — Department of Housing, Planning, and Local Government: Housing Provision (10 Mar 2022)

Eoin Ó Broin: 222. To ask the Minister for Housing, Planning, and Local Government the number of approved housing body, capital advance leasing facility and capital assistance scheme units delivered in 2021 in each local authority; the average capital advance leasing facility and capital assistance scheme payment in each local authority per unit; the average all-in cost of the social housing units per...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: Alongside the question of who the registration body is, this is probably the single greatest weakness of this legislation. There is nothing in building control regulation or enforcement or in planning law that empowers any agency of the State to prevent someone from building again in the future if he or she has a proven track record of being in breach of building control or planning. I made...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: I am urging the Minister of State to use the technical expertise of his officials to look at the issue. The sanctions in later sanctions distinguish between serious breaches and less serious breaches involving a range of punishments. Being struck off is only one of those. I accept that people sometimes breach building regulations without knowing or understanding them. Sometimes they are...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: My amendment would allow people to make complaints on the basis of any breach. It is then up to the registration body and the relevant panel to decide what level of sanction then applies.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: I am not in any way being flippant with the following comment but I want to stress this. Let us imagine I am a developer and following an enforcement by a local authority, I have been found in significant breach of the building control regulations and I have been fined. Let us imagine some other legal binding documents, such as RTB determinations or planning decisions, reflect that....

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: What the Minister of State is saying is interesting, which is that, on the advice of his officials, section 28 would permit the registration body to remove somebody from the register if, for example, it could be proven in a complaint that he or she was responsible for egregious breaches of building controls. People will look back at this exchange to see whether this provides the relief he...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: To be clear, are we talking about section 28(2)?

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: The Minister of State is saying he believes that, for example, if somebody were to buy a property in a building where there were clear and evidenceable breaches of building control, he or she would be able to make a complaint to the board here and by citing section-----

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: But before they can make the determination, someone has to be able to bring a case.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: They would be able to bring a case on the grounds of section 28(2) where they would use section 28(2) to say to the board that developer X built building Y, there are clear and evidenceable breaches of building control regulations, and, on that basis, they want a complaint to be heard. Is the Minister of State saying that he believes this legislation permits that?

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: I am no longer arguing. I want to tease it out. For example, one could be a concluded enforcement proceedings by a building control authority. If we know a developer has built 48 apartments and has not lodged a single certificate of compliance, even if there is not building control enforcement, it is clear that the developer has breached the law because we know for a fact he or she did not...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: Would there have to be a conviction under the building control regulations?

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: I move amendment No. 37: In page 45, between lines 34 and 35, to insert the following: “(i) failure to comply with planning permissions.”.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Eoin Ó Broin: I move amendment No. 38: In page 46, line 3, to delete “is satisfied” and substitute “can demonstrate”. The amendment relates to section 44, where the registrar can determine if a complaint is not made in good faith or if it is vexatious or frivolous. My concern is about the wording of the Bill as it stands, which is that "the Registrar is satisfied that" a...

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