Written answers

Thursday, 29 September 2016

Department of Housing, Planning, Community and Local Government

Rental Accommodation Standards

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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130. To ask the Minister for Housing, Planning, Community and Local Government to outline the steps he is taking to combat the serious dangers from carbon monoxide for families who live in rented accommodation; his plans to ensure that all landlords carry out an annual service and safety check on all residential heating systems including gas boilers, oil boilers and solid fuel; his views on the compliance with this legal obligation; the steps his Department has taken to ensure that each local authority and each housing association funded by the Exchequer is fully compliant with this legal obligation; and if he will make a statement on the matter. [27814/16]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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135. To ask the Minister for Housing, Planning, Community and Local Government if he is aware of the legal requirement upon landlords to ensure that an annual service of home heating boilers is carried out; the number of local authority homes by each local authority in which boiler services have been carried out in each of the years 2011 to 2015; the engagement he and his Department have had on this matter with the Sustainable Energy Authority of Ireland and the Department of Communications, Climate Action and Environment; if local authorities have sought additional resources to meet these legal requirements as landlords; and if he will make a statement on the matter. [27816/16]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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136. To ask the Minister for Housing, Planning, Community and Local Government if any enforcement proceedings have been taken against any landlords in the past five years for their failure to meet their legal requirement to ensure that an annual service is carried out on home heating boilers; the number of offences detected for each of the years 2011 to 2015 inclusive; the steps to be taken to increase compliance and improve the safety and comfort for tenants; if he has discussed this issue with the local authorities; and if he will make a statement on the matter. [27817/16]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 130, 135 and 136 together.

I am committed to developing a real and meaningful strategy for the rental sector to enable it to develop to its full potential. Ensuring quality accommodation standards in the sector is an integral part of this process.

Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. The Regulations specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply. With very limited exemptions, these regulations apply to local authority and voluntary housing units as well as private rented residential accommodation. All landlords have a legal obligation to ensure that their rented properties comply with these regulations.

Article 7 of the regulations states that each habitable room must contain a permanently fixed appliance or appliances capable of providing effective heating and that there are suitable and adequate facilities for the safe and effective removal of fumes and other products of combustion to the external air.

Article 13 provides that installations for the supply of gas shall be maintained in good repair and safe working order. There is no requirement under the Housing (Standards for Rented Houses) Regulations 2008, as amended, for landlords to carry out an annual service of home heating boilers.

Responsibility for the enforcement of the regulations rests with the relevant local authority supported by a dedicated stream of funding provided from part of the proceeds of tenancy registration fees collected by the Residential Tenancies Board (RTB). Since the establishment of the RTB, over €32 million has been paid to local authorities to assist them in the performance of their functions under the Housing Acts, including the inspection of rented accommodation. Over 185,000 inspections have been carried out in this period.

Following the enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened legislative framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations. Fines for non-compliance with the regulations were also increased; the maximum fine increased from €3,000 to €5,000 and the fine for each day of a continuing offence increased from €250 to €400.

Statistics in relation to the number of inspections carried out by local authorities, the number of dwellings not meeting regulatory requirements, as well as the number of legal actions initiated can be found on my Department’s website at the following link: .

My Department does not collate statistics in relation to the reason for enforcement procedures being taken by the relevant local authority.

To ensure that the standards reflect the requirements of a modern rental market, a review of the Housing (Standards for Rented Houses) Regulations 2008, as amended, has been initiated. The dangers of carbon monoxide are among the issues being considered as part of the review, which will be concluded later in Autumn 2016.

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