Róisín Shortall (Dublin North West, Social Democrats)
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286. To ask the Minister for Housing, Planning, and Local Government further to Parliamentary Question No. 636 of 3 November 2020, if the current tenant (incremental) purchase scheme 2016 permits council tenants in homes classed as a duplex to avail of tenant purchase; and if he will make a statement on the matter. [39678/20]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. Guidance was provided to local authorities in November 2015 regarding the operation of the Scheme.

Under the 2016 Scheme, maisonettes and duplex units provided in blocks that require arrangements between accommodation owners for regular upkeep and maintenance of common structures, works and services are excluded from sale under the 2016 Scheme. Maisonettes in blocks of 4 or less may not be sold except where individual maisonettes or duplex units have the same degree of independence from adjoining accommodation as semi-detached or terraced houses and can be sold in fee simple without conditions additional to the prescribed sale conditions.

In respect of maisonettes or duplex units that are located in blocks of 5 units or more, provision has been made to allow tenants to potentially purchase these under the Tenant Purchase of Apartments Scheme. Part 4 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Housing (Tenant Purchase of Apartments) Regulations 2011 provided for the commencement of that scheme and the terms and conditions of the scheme, which came into operation on 1 January 2012.

It is a matter for the housing authority to determine on a case-by-case basis which set of circumstances applies to a particular maisonette or duplex unit.