Cian O'Callaghan (Dublin Bay North, Social Democrats)
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725. To ask the Minister for Housing, Planning, and Local Government if refunds through the multi-unit development defects remediation scheme will be made available to residents who are unable to pay upfront for works; and if he will make a statement on the matter. [46654/24]

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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726. To ask the Minister for Housing, Planning, and Local Government if additional support will be provided to those who are unable to meet the multi-unit development remediation costs; and if he will make a statement on the matter. [46655/24]

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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Work on providing supports for Owners’ Management Companies (OMCs) who are unable to meet eligible remediation costs in relevant multi-unit developments or may seek refunds for eligible works completed is being advanced.

Legislation is currently being drafted to establish the Apartment and Duplex Defects Remediation Scheme on a statutory basis, which, subject to the legislative process, is expected will be in place shortly thereafter.

The Scheme will provide supports for the remediation of relevant fire safety, structural safety and water ingress defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013. It is envisaged that 100% of eligible remediation costs will be funded under the Scheme.

Only defects that are attributable to defective design, defective or faulty workmanship, defective materials (or any combination of these) and were in contravention of the relevant Parts of the Building Regulations applicable at the time of construction will be eligible for inclusion in the Scheme. Any defects that originate from inadequate maintenance, poor management etc., will not be included within the scope of the Scheme.

The Scheme will support the remediation of relevant defects, where practicable, to the standard that applied at the time of their original construction. Where this is not practicable, alternative approaches and options will be considered that provide a reasonable level of life safety protection.

An Interim Remediation Scheme has been in place since December 2023, to provide an acceptable level of fire safety in buildings pending introduction of the Statutory Scheme and completion of the full remedial works. The Interim Remediation Scheme is for the funding of emergency fire safety defect works in apartments and duplexes constructed between 1991 and 2013. OMCs will receive funding to carry out the necessary remedial works. Four pathfinder projects within this Scheme are progressing and are facilitating the mapping of the application and remediation process into simple steps, to identify pinch points and their solutions and to provide consistency across submissions by applicants. This pathfinder exercise will also inform the drafting of the Statutory Scheme.

The Government has approved the principle of allowing remediation costs already incurred or levied to be covered under the Statutory Scheme once such costs fall within the scope and defined parameters of the latter. The details and mechanics of this are being addressed as the legislation is drafted. To this end, a pathfinder exercise from a representative sample of multi-unit developments has been established to identify and develop a potential appropriate process to address retrospective issues, based on fire safety remedial works completed. The exercise should identify a process that provides a streamlined approach, ease of engagement by applicants and ensures good governance regarding Exchequer funding.

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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727. To ask the Minister for Housing, Planning, and Local Government to provide further details on multi-unit development remediation (details supplied); and if he will make a statement on the matter. [46656/24]

Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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On 18 January 2023 Government approved the principle of allowing remediation costs already incurred or levied to be covered under a Legacy Defects Scheme.

On 18 September 2024 the Minister received government approval for the priority drafting of the Apartment and Duplex Defects Remediation Bill 2024. This legislation will underpin the forthcoming statutory scheme which will establish supports for the remediation of relevant fire safety, structural safety and water ingress defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013.

Head 17 of this Bill provides for retrospection, meaning the provision of financial support where a remediation project has been initiated but not completed, or where a remediation project has been completed.

However, devising a process and associated safeguards specific to grant retrospection will be challenging. In order to identify a potential appropriate process to address retrospective issues, the Government agreed on 22 October 2024 to establish a Retrospective Costs Pathfinder Exercise. This will inform design of the retrospective element of the scheme and will support development of a robust process around:

• Alignment with existing Interim Remediation Scheme processes;
• Supporting Documentation and Timeframes;
• Certification and Standardisation of Evidence;
• Verification and Payment processes.