Josepha Madigan (Dublin Rathdown, Fine Gael)
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519. To ask the Minister for Housing, Planning, Community and Local Government the current regulations governing overcrowding in residential accommodation; the repercussions which apply for landlords that breach these regulations; if he will provide statistics relating to the enforcement of the regulations; if there are plans for further regulation of this area; and if he will make a statement on the matter. [1561/17]

Simon Coveney (Cork South Central, Fine Gael)
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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.

These 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.

Responsibility for 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). 

Following 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.

It is important to note that overcrowding and unfit houses are legislated for under Part IV of the Housing Act 1966.  The Act defines overcrowding in terms of the numbers of persons sharing rooms and room size. Overcrowding may give rise to concerns in respect of fire safety, and may lead to enforcement action by fire authorities.  Situations of overcrowding should be reported to the relevant local authority.

A report published by the National Oversight and Audit Commission (NOAC) last year indicated low rates of inspection by local authorities of private rental stock, with less than 10% of registered tenancies inspected each year. The Government's Strategy for the Rental Sector, published in December 2016, addresses the findings of this report and prioritises strengthening the inspection capacity of Local Authorities to increase the number and frequency of inspections of rental properties. Updated standards regulations will be introduced with effect from July 2017. Specific ring-fenced funding will be identified from 2018 onwards in order to increase the number of properties inspected, with annual targets for both inspection and compliance to be agreed with local authorities. The objective set in the Strategy is to increase inspection numbers incrementally each year with the aim of achieving a 25% annual inspection coverage rate by 2021.