Catherine Murphy (Kildare North, Independent)
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Question 103: To ask the Minister for the Environment, Community and Local Government the guidance he has given to local authorities in respect of retaining or calling in bonds in locations where pyrite is proven; and if he will make a statement on the matter. [27577/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Section 34(4)(g) of the Planning and Development Act, 2000-11 allows a local authority to impose a condition on a planning permission requiring the giving of adequate security for the satisfactory completion of the development. The legislation does not specify the type of security required.

However, guidance issued to planning authorities stresses that, in the case of residential development, planning conditions must require the giving of sufficient security prior to commencement of development, and that the authorities must ensure that they are in a position to draw down the security in cases where a developer fails to satisfactorily complete a residential development, or phase of a development, within the specified period.

Section 34 (4) (g) bonds are to ensure that the infrastructure (including roads, footpaths, water mains, sewers, lighting and open spaces) of a development is completed satisfactorily. Where building defects occur, their remediation is a matter for the parties concerned, namely the building owner, the relevant builder and the builder's insurers, in line with any contractual arrangements agreed between the parties. In order to identify solutions for a resolution to the pyrite problem I set up an Independent Pyrite Panel in September, 2011. I look forward to receiving its report shortly.