Paschal Donohoe (Dublin Central, Fine Gael)
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Question 305: To ask the Minister for the Environment, Community and Local Government if he will review the regulatory framework for the privately rented accommodation sector; if he will consider the introduction of a certificate or rating system to be operated by local authorities; if he will also consider amendments to this framework relating to thermal insulation, sound insulation, energy efficiency, insect infestation, increasing the responsibility on tenants; and if he will make a statement on the matter. [32412/11]

Willie Penrose (Longford-Westmeath, Labour)
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The Residential Tenancies Act, 2004 sets out the rights and obligations of landlords and tenants in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established under the Residential Tenancies Act in September 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants in the private rented residential sector.

My Department conducted a review of the Residential Tenancies Act in 2009 with a specific emphasis on whether the Act best supports the PRTB's key functions and on whether legislative amendments would support either the achievement of additional operational efficiencies by the PRTB in the delivery of those functions or the broader good working of the private rented sector. The outcomes of the review were announced by my predecessor in April 2010. Consideration of the introduction of a certification or rating system to be operated by local authorities did not feature in any of the recommendations arising from the review. The Government approved the preparation of the Heads of a Bill to deliver on the review's recommendations. Full details in relation to the background to the review, the associated terms of reference and the outcomes of the review are available on my Department's website at www.environ.ie .

The drafting of the Residential Tenancies (Amendment) Bill 2011 was approved by Government in July 2011. The Bill is currently in preparation by the Office of the Parliamentary Counsel in collaboration with my Department

An EU Directive on the Energy Performance of Buildings, which was transposed into Irish law by the European Communities (Energy Performance of Buildings) Regulations 2006 - 2008, introduced a requirement for a Building Energy Rating (BER) system.

In the case of buildings offered for letting, the Regulations require a landlord to produce a copy of the BER certificate and advisory report in relation to the building to any person who expresses an interest in availing of the letting.

Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. These Regulations were further amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, which specify a number of requirements in relation to a range of matters including sanitary facilities, refuse facilities, heating, lighting and ventilation. All landlords have a legal obligation to ensure that their rented properties comply with the Regulations. Responsibility for enforcement rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department.

The standards are kept under review by my Department and there are no proposals under consideration at present to make amendments to them.

Paschal Donohoe (Dublin Central, Fine Gael)
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Question 306: To ask the Minister for the Environment, Community and Local Government if he will consider amending the Private Residential Tenancies Act 2004 so that landlords would have to register a property rather than a tenancy; and if he will make a statement on the matter. [32413/11]

Willie Penrose (Longford-Westmeath, Labour)
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The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. My Department conducted a review of the Act in 2009 with a specific emphasis on whether the Act best supports the PRTB's key functions and on whether legislative amendments would support either the achievement of additional operational efficiencies by the PRTB in the delivery of those functions or the broader good working of the private rented sector. The outcomes of the review were announced by my predecessor in April 2010. The drafting of the Residential Tenancies (Amendment) Bill 2011 was approved by Government in July 2011 and the Bill is currently in preparation by the Office of the Parliamentary Counsel in collaboration with my Department.

The Act provides that a landlord must apply to register the tenancy of a dwelling with the Private Residential Tenancies Board (PRTB). Such registration must be accompanied by a fee, the level of which is dependent on whether the tenancy is registered within one month of its commencement or later than one month after the commencement of the tenancy. There is also a specific fee for the registration of several tenancies within the same property within one month of the commencement of the tenancies. The maximum duration of a tenancy under the Act is four years, after which a new tenancy must be registered with the Board. In the case of a dwelling subject to several different tenancies in a 12 month period, no more than two registration fees are payable.

The issue as to whether dwellings or tenancies should be the focus of registration was considered by the Commission on the Private Rented Sector, on whose report and recommendations the Act was modelled. The Commission recommended, in July 2000, the registration of tenancies and I do not propose to revisit this fundamental aspect of the Act at present.