Clare Daly (Dublin Fingal, Independent)
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32. To ask the Minister for Housing, Planning, Community and Local Government if he will bring forward legislation to amend the exceptional circumstances clause in section 17 of the Pyrite Resolution Act 2013, in view of the fact that no properties have been remediated under this clause since the enactment of the legislation. [33380/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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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 Resolution Board, with the support of the Housing Agency, is responsible for the implementation of the pyrite remediation 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, 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 - 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. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. This ensures that, having regard to available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave.

Where a dwelling, otherwise not eligible for inclusion in the scheme, adjoins a dwelling already included in the scheme, such a dwelling 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 in the scheme may result in damage to that dwelling or damage to the dwelling being remediated under the scheme, or

- pyrite remediation work is causing or may cause damage to a dwelling.

The Housing Agency 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. I have no proposals to amend section 17 of the Act.

With regard to the issue of properties with a Damage Condition Rating of 1, the Board is aware that 11 dwellings, which had a Damage Condition Rating of 1 when their building condition assessments were first completed, and which were refused under the scheme, have now progressed to a Damage Condition Rating of 2; these dwellings have now been included in the pyrite remediation scheme following the submission of new applications.

Ultimately, the Board, together with the Housing Agency, will arrange for all eligible dwellings to be remediated to a high standard and at no additional cost to the affected homeowners. Remediation works will continue to be carried out at the earliest possible opportunity having regard to the existing demands of the scheme and the optimum use of available resources.

Clare Daly (Dublin Fingal, Independent)
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33. To ask the Minister for Housing, Planning, Community and Local Government if there has been a change in the approach being taken by the pyrite remediation board and Housing Agency in relation to the number of properties being tested in areas in which the presence of pyrite is already well established and properties are displaying significant damage; the number of such properties that have been retested; the number of applications subsequently refused; if this is being undertaken as a result of pressure that there will be insufficient funds available under the scheme; and if he will make a statement on the matter. [33102/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency. 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. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. This ensures that, having regard to the available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave. I have no proposals to amend this eligibility criterion.

A sum of €22 million was announced under Budget 2017 to fund the operation of the pyrite remediation scheme in 2017. This allocation will facilitate the remediation of some 400 additional dwellings this year and is a clear signal of the continuing importance attached by Government to addressing the issue of significant pyritic damage in private dwellings.

The latest figures available indicate that a total of 1,798 applications have been received under the pyrite remediation scheme. Of the 1,798 applications received so far, 1,309 dwellings have been included in the pyrite remediation scheme and the applicants notified accordingly. A further 191 applications have been validated and referred to the Housing Agency for the Assessment and Verification Process, while another 197 applications are at the initial Application and Validation Process. 101 applications under the scheme were not successful. The process by which each application received by the Board is examined and processed remains unchanged.

Of the 1,309 dwellings that have been included in the pyrite remediation scheme:

- 339 are at remedial works planning stage,

- 1 is at tender / tender analysis,

- 47 are at tender decision,

- 127 are under remediation, and

- 795 are complete.

My Department keeps the funding situation under review and in the event of additional funding being required in 2017, the potential for re-allocation of savings arising elsewhere within my Department's budget is open to consideration.