Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

Amendment No. 7 is required to clarify in a new section 14(2)(e)(C) that the pyrite resolution board has flexibility in applying the limits for expenses to be recouped to home owners in respect of alternative accommodation, that is, €3,000 and the removal and storage of furniture, that is, €2,500 during remediation works. These limits can apply individually or to a combination of both, subject to an overall limit of €5,500 remaining unchanged. Figures quoted are inclusive of VAT.

Amendment No. 8 is required to provide in a new section 14(2)(i) for arrangements to be made between the pyrite resolution board and an applicant under the pyrite remediation scheme for the giving of consent by an applicant to the board to enable the board to institute civil proceedings against any person, for example, the builder or developer responsible for the construction of the dwelling affected by pyritic damage. The pyrite resolution board may seek to recover damages or costs from any person responsible for pyritic damage to the dwelling of the applicant on foot of any arrangements agreed between the board and the applicant with regard to the institution of civil proceedings. This provision could be used in a case where a builder or developer has received compensation and where the board has undertaken or has commenced pyrite remediation works unaware that the builder or developer was engaged in litigation for compensation.

Amendment No. 9 is required to delete section 14(2)(l). While it is intended that the pyrite resolution the board will establish priorities for the remediation of dwellings based on certain criteria, the prioritisation will not be determined within classes of dwellings. The inclusion, therefore, of classes of dwelling is considered superfluous and does not add any value to the section and accordingly is not required.

Amendment No. 10 is required to delete within section 14(2)(m) the establishment of priorities by the pyrite resolution board. The remediation of dwellings will apply across all dwellings and will not differentiate between or within classes of dwellings. The inclusion, therefore, of "classes of dwellings and within such classes of" is considered superfluous, does not add any value to the section and accordingly is not required.

Amendment No. 11 is required to clarify the position under section 14(3)(c) of the pyrite resolution board in dealing with the options available to home owners who seek to have remediation works carried out other than under the pyrite remediation scheme. The board is required to consider what practical options the home owner has to seek redress. Typically, the board will seek information on whether an applicant is covered by a structural warranty, a guarantee, insurance cover or has commenced legal proceedings against a builder, developer or insurance company to secure remediation works to his or her dwelling.

Amendment No. 12 is required to clarify section 14(3)(c). For the avoidance of doubt this amendment clarifies that the financial resources of the applicant will not be considered by the pyrite resolution board in determining the practical options available to the applicant.

Amendment No. 13 is required to insert a new section 14(4) to clarify that the scheme will provide for the remediation of dwellings with significant pyritic damage. While the definition of "significant damage" includes a damage condition rating of 1 with progression and a damage condition rating of 2 initially, the pyrite resolution board will prioritise dwellings with a damage condition rating of 2. For the avoidance of doubt, it is considered necessary to include a new subsection to make it clear that the board may exclude dwellings with a damage condition rating of 1 with progression. Clearly, if a dwelling with a damage condition rating of 1 continues to deteriorate, then it is likely it will fall into the damage condition 2 rating category.

Amendment No. 14 is consequential to amendment No. 8 and provides for the insertion of new section 14(5) to provide that in any proceedings taken by the pyrite resolution board against a person responsible for pyritic damage to the dwelling of the applicant, it shall not be a defence of a person responsible for pyritic damage to the dwelling of the applicant to state that the affected dwelling has been remediated under the pyrite remediation scheme.

The board may take action on its own behalf or on behalf of the applicant.