Cian O'Callaghan (Dublin Bay North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

426. To ask the Minister for Housing, Planning, and Local Government the action being taken to ensure that owner management companies are fulfilling their duty with regard to their responsibility to have fire safety defects addressed (details supplied); and if he will make a statement on the matter. [36991/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Responsibilities of Owners’ Management Companies (OMC) to their members are set out in the Multi-Unit Developments (MUDS) Act 2011.

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 and 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 most often the OMC. Consequently, the OMC has responsibility to be transparent and active about any fire safety concerns or defects.

The Interim Remediation Scheme for the funding of eligible emergency fire safety defect works in apartments and duplexes has been in place since December 2023. The Scheme, which is being administered by the Housing Agency on a nationwide basis, is open to applications from apartment OMCs via the Housing Agency’s website. In the period since the Scheme’s launch, up to and including 31 August 2024, applications from 171 OMCs have been received and validated, representing a total of 17,206 residential units spread across 27 local authority areas.

The Interim Remediation Scheme is the result of a significant period of consultation with homeowners' representatives. I have engaged with them regularly on this issue throughout the last 18 months.

This week I am seeking government approval for the priority drafting of the Apartment and Duplex Defects Remediation Bill 2024 to support the remediation of apartments and duplexes with relevant fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. The legislation will provide a statutory basis for the establishment of a remediation scheme aimed at protecting the safety and welfare of those living in apartments or duplexes with such defects that occurred during construction.

This will complement the interim measures that the Government has already put in place.

The way in which the interim and future statutory schemes for construction defects in apartments and duplexes have, and are being designed, takes account of the evolving nature of the MUD sector and of the challenges being faced by OMCs. I am satisfied that the schemes are and will continue to be practicable within the provisions of the MUDS Act 2011.