Bernard Durkan (Kildare North, Fine Gael)
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213. To ask the Minister for Environment, Community and Local Government if further consideration will be given to payment of some portion of the cost in respect of pyrite damage remediation undertaken by a person (details supplied) in County Kildare, who carried out the works at their own expense but who has the necessary professional documentation certifying the existence of pyrite; if such cases might be reviewed again with a view to acknowledgement of a portion of the cost; and if he will make a statement on the matter. [19096/15]

Paudie Coffey (Waterford, Fine Gael)
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The provides the statutory framework within which the pyrite remediation scheme must operate. It is not a compensation scheme and section 14(8) of the Act explicitly provides that homeowners cannot seek the recoupment of costs associated with the remediation of a dwelling undertaken outside of the pyrite remediation scheme. I have no plans to amend the legislation in this regard.

The is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress. Inclusion in the scheme is predicated, inter alia, on the dwelling being subject to significant damage attributable to pyritic heave, and where this can be verified having regard to I.S. 398 -1:2013 Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation, as published by the National Standards Authority of Ireland, prior to works commencing. This is in line with how similar Government schemes operate or have operated in the past, where prior approval is a key eligibility requirement for inclusion in a scheme.

In general, building defects are matters for resolution between the contracting parties, i.e. the homeowner, the builder, the supplier and/or their respective insurers. In the event that the parties cannot reach a settlement by negotiation, the option of seeking redress in the Courts is available.