Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I thank Senator Byrne for raising this very important matter. There was a significant debate in the Dáil on pyrite. The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite Resolution Board for certain dwellings affected by pyrite damage. The full conditions for eligibility under the scheme are set down in the scheme which is available on the board’s website at www.pyriteboard.ie. One of the eligibility criteria requires an application to be accompanied by a building condition assessment carried out by a competent person in accordance with I.S. 398-1:2013 reactive pyrite in sub-floor hardcore material - Part 1: testing and categorisation protocol, with a damage condition rating of 2. There are no proposals to amend this eligibility criterion.

In broad terms, the report of the pyrite panel in July 2012 recommended that only dwellings with substantial damage which is confirmed by testing to be pyrite related should be remediated. Pyrite remediation is invasive and expensive. In this regard, the report recommended that properties which have minor damage should be monitored and only remediated if substantial damage develops in due course. In this context, it should be noted that there is no sunset provision in the Act. Nevertheless, while dwellings with damage condition ratings of 1, or 1 with progression, do not qualify under the scheme, some may be considered in accordance with the exceptional circumstance provisions set out in section 17 of the Act. In broad terms, section 17 provides that exceptional circumstances may apply where failure to include a dwelling with a damage rating of 1 in the scheme may result in damage to a dwelling which is being remediated under the scheme or pyrite remediation work is causing or may cause damage to the dwelling with the damage rating of 1.

I understand that in a number of cases the board has signalled that dwellings that have had a damaged condition rating of 1 when their building condition assessments were first completed have now progressed to a damaged condition rating of 2. These dwellings have now been included in the pyrite remediation scheme. I confirm that an allocation of €10 million has been provided in my Department's Vote to fund the operation of the scheme this year. I am satisfied that the board will have the resources required to meet the level of activity anticipated for the year. The post-2015 funding requirement will be considered in the context of the 2016 Estimates later this year and will have regard to developments under the scheme in the next few months, as well as the level of activity anticipated by the board in 2016.

As matters stand, more than 700 applications have been received under the pyrite remediation scheme, the vast majority of which have a damage condition rating of two. Of the 700 applications, 342 dwellings have been accepted into the scheme, with technical expertise assigned to them and the necessary preparatory work, tendering or remediation either under way or imminent. It is anticipated that approximately 200 homes will be remediated under the scheme in 2015.