Darragh O'Brien (Dublin Fingal, Fianna Fail)
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243. To ask the Minister for Environment, Community and Local Government to ensure that a person's home is remediated under the pyrite remediation scheme (details supplied); and if he will make a statement on the matter. [19278/16]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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244. To ask the Minister for Environment, Community and Local Government to ensure that the home of a person (details supplied) is remediated under the pyrite remediation scheme; and if he will make a statement on the matter. [19336/16]

Damien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 243 and 244 together.

The Pyrite Resolution Board, with the support of the Housing Agency, is responsible for the implementation of the pyrite remediation scheme. In accordance with section 8 of the , the Board is independent in the performance of its functions and I have no role in the operational matters pertaining to the implementation of the scheme.

The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website (). The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. In this regard, it is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2.

My Department understands that, in a number of cases, dwellings which had a Damage Condition Rating of 1 when their Building Condition Assessments were first completed have now progressed to a Damage Condition Rating of 2; these dwellings have now been included in the pyrite remediation scheme.

While dwellings with Damage Condition Ratings of 1 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. Section 17 provides that exceptional circumstances may apply where:

- failure to include a dwelling with a Damage Condition 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 Condition Rating of 1.

Where a dwelling with a Damage Condition Rating of 1 adjoins a dwelling with a Damage Condition Rating of 2, the Housing Agency will be notified and will consider if exceptional circumstances apply when the Remedial Works Plan is being drawn up; the Board will be informed of any recommendation for a decision in the matter.