Written answers

Wednesday, 17 January 2024

Department of Housing, Planning, and Local Government

Fire Safety

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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769. To ask the Minister for Housing, Planning, and Local Government what action will be taken with respect to the sale of homes with fire safety defects by vulture funds to buyers unaware of these defects (details supplied); and if he will make a statement on the matter. [56973/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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I fully acknowledge the difficulties that homeowners and residents of many apartments and duplexes are facing, and the stress that is caused when defects arise in relation to their buildings. The Government is committed to helping those whose lives have been impacted by this issue.

I received Government approval in January 2023 to draft legislation to establish supports for the remediation of fire safety, structural safety and water ingress defects in eligible apartment complexes, and since then I have been working to advance the steps to prepare the required legislation to put the remediation scheme on a statutory footing as a matter of priority. In advance of that I launched, on 11 December 2023, an Interim Remediation Scheme. The interim scheme funds work to fix emergency fire safety issues in apartments and duplexes that were built between 1991 and 2013. It aims to ensure that there is an acceptable standard of fire safety in buildings before more comprehensive works are completed under the main scheme.

In relation to developments where concerns over fire safety issues arise, when a building is constructed and occupied, statutory responsibility for safety is assigned under section 18(2) of the Fire Services Acts, 1981 & 2003, to the ‘person having control’ of the building. The person having control is required to take reasonable measures to guard against the outbreak of fire and to ensure the safety of persons in the event of fire. In multi-unit developments, the "person having control" is generally the Owners’ Management Company (OMC). Consequently, the OMC has responsibility to be transparent about any fire safety concerns or defects.

However, as with all purchase of property, significant responsibilities lie with the purchaser and their representatives in the completion of the conveyance process.

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