Darragh O'Brien (Dublin Fingal, Fianna Fail)
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797. To ask the Minister for Housing, Planning, Community and Local Government the progress with the review and updating of the building standards and building classifications being carried out by his Department, taking into account the current difficulties with obtaining green certificates for homes with negligible pyrite levels; when the review will be completed; and if he will make a statement on the matter. [32246/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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TheReport of the Pyrite Panel (June 2012) recommended a categorisation system as a means of prioritising pyrite remediation works in recognition of the expensive and intrusive nature of pyrite remediation and the unpredictability of pyritic heave.  The independent Pyrite Panel was clear in its view that only dwellings with significant damage due to pyritic heave (i.e. red category) should be remediated and that it would be unreasonable to expect dwellings not exhibiting such damage to be remediated.  Dwellings which have no significant damage but have reactive pyrite in the hardcore material (i.e. amber category) should be monitored and only remediated if they display significant damage due to pyritic heave.  This remains the position with regard to dwellings which do not display significant pyritic damage.

In response to this recommendation, I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation, was published by the National Standards Authority of Ireland in late January 2013, and provides the means by which dwellings, that may be affected by pyrite can be tested and categorised.  In broad terms, the national standard sets out a two-step process to facilitate the testing and categorisation of dwellings.

The first step requires that a Building Condition Assessment be carried out; this comprises a desktop study and a visual non-invasive internal and external inspection of a dwelling to establish the presence or absence of visible damage that is consistent with pyritic heave and to quantify the extent and significance of such damage in that dwelling.  A Damage Condition Rating of 0, 1 or 2 can be assigned to a dwelling under this process.

The second step involves the sampling and testing of the sub-floor hardcore material and is informed by the assignment of the Damage Condition Rating under the Building Condition Assessment process.  At the conclusion of this two-step process, buildings may be categorised under I.S. 398-1:2013 into four categories which are broadly consistent with the traffic light system that was used by the Pyrite Panel as a means of prioritising pyrite remediation works.

Dwellings which have been tested and the hardcore is shown not to be susceptible to expansion are classified as Category A (known as a “green” certificate).  These dwellings have a negligible risk of pyrite damage given the testing has demonstrated that the hardcore is not susceptible to expansion; any damage that may be visible in such dwellings is likely to be attributable to other causes.  The other classifications under the standard are:

- Category B – these buildings are at risk but have a low potential of future damage from pyritic heave;

- Category C – these buildings are at risk and have a significant potential of future damage from pyritic heave; and

- Category D – these buildings have a Damage Condition Rating of 2 (i.e. significant pyritic damage), or have a Damage Condition Rating of 1 (with progression), and hardcore susceptible to significant or limited expansion.

The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite Resolution Board for certain dwellings affected by significant pyrite damage.  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 (www.pyriteboard.ie).

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.  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.  This ensures that, having regard to available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave.  Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. I have no proposals to amend this eligibility criterion.

In late 2015, the National Standards Authority of Ireland commenced a review of I.S. 398-1:2013 in the light of practical experience since the standard was first introduced in January 2013.  The standard is being updated and revised to reflect the on-site experiences and evidence gathered by technical experts, such as engineers, geologists, professionals providing sampling and testing services and other technical experts, who have been using the standard over the past four years.  A public consultation on the revision of I.S. 398-1:2013, took place in late 2016.  My Department understands that it is anticipated that the revised standard will be published later this year.

With regard to the issue of Category A (known as a “green” certificate), a dwelling is categorised in accordance with I.S. 398-1:2013 on the basis of the findings from the Building Condition Assessment and hardcore classification. 

Annex F of I.S. 398-1:2013, provides for a Certificate of Building Categorisation for Reactive Pyrite in sub-floor hard-core material.  Category A is assigned in respect of dwellings that have been assessed, at the request of the homeowner, in accordance with I.S. 398-1:2013 and are considered have a negligible risk of pyrite damage.  The issuing of such certificates is a matter entirely for the homeowner and the professional they engage and it is not part of the pyrite remediation scheme.

Where a dwelling has been remediated under the scheme, at the end of the remediation works, each dwelling is provided with a Certificate of Remediation for Reactive Pyrite in Sub-floor Hard-core Material, which is completed jointly by the relevant builder and the design professional in accordance with Annex B to I.S. 398-2:2013. The certificate confirms that the dwelling has been remediated to the requirements set out in the national standard and the issue of a green certificate does not arise.