Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 28 of 2022 REMEDIATION OF DWELLINGS DAMAGED BY THE USE OF DEFECTIVE CONCRETE BLOCKS ACT 2022 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Regulations 4. Expenses 5. Designated local authority 6. Advances to and expenditure of designated local authority and Housing Agency PART 2 Grants 7. Definitions for Part 2 8. Relevant dwelling 9. Relevant owner 10. Grants 11. Government order to increase or decrease remediation option and ancillary grant 12. Remediation options and building condition assessments 13. Application for remediation option grant 14. Period for making applications for remediation option grant 15. Determination by Housing Agency of damage threshold 16. Consideration by Housing Agency of application for remediation option grant 17. Provisions relating to remediation option grant 18. Payment of remediation option grant 19. Time limits for payment of remediation option grant 20. Certificate of remediation 21. Letter of assurance 22. Ancillary grant applications 23. Application for revised approval 24. Change of relevant owner 25. Application for second grant PART 3 Matters consequent on grant Chapter 1 Certain matters consequent on grant 26. Refund of compensation 27. Recovery of payment under section 18 28. Exempted development 29. Assignment and subrogation of claims to Minister Chapter 2 Charging orders consequent on grant to landlord 30. Definitions for Chapter 2 31. Charging orders 32. Relevant event 33. Failure or cesser of incremental release 34. Provisions consequential on charging order 35. Release of charge PART 4 Designated local authority or approved housing body owned dwellings 36. Designated local authority or approved housing body owned dwellings PART 5 Appeals 37. Appeals Panel 38. Appeal Board 39. Determination of appeals 40. Conduct of appeals PART 6 Miscellaneous, transitional and saving provisions Chapter 1 Miscellaneous provisions 41. Minister may prescribe other deleterious materials 42. Appointment of authorised officers 43. Powers of authorised officers 44. Consultants and advisers 45. Indemnity 46. Data processing 47. Information sharing 48. Disclosure of confidential information 49. Research and training 50. Guidelines 51. Review of operation of Act 52. Offences and penalties 53. Disqualification for providing false or misleading information Chapter 2 Transitional and saving provisions 54. Interpretation for Chapter 2 of Part 6 55. Revocation 56. Confirmation of eligibility 57. Confirmation of grant approval 58. Regulations for purposes of sections 56 and 57 Acts Referred to Building Control Act 2007 (No. 21) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Companies Act 2014 (No. 38) Data Sharing and Governance Act 2019 (No. 5) European Parliament Elections Act 1997 (No. 2) Family Home Protection Act 1976 (No. 27) Finance (Local Property Tax) Act 2012 (No. 52) Housing (Regulation of Approved Housing Bodies) Act 2019 (No. 47) Land and Conveyancing Law Reform Act 2009 (No. 27) Local Government Act 2001 (No. 37) Planning and Development Act 2000 (No. 30) Registration of Title Act 1964 (No. 16) Residential Tenancies Act 2004 (No. 27) The Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969 (No. 1) (Private) Number 28 of 2022 REMEDIATION OF DWELLINGS DAMAGED BY THE USE OF DEFECTIVE CONCRETE BLOCKS ACT 2022 An Act to provide for the payment of grants for the remediation of certain dwellings damaged by the use of defective concrete blocks in their construction; to designate local authorities in whose areas affected dwellings are located; to provide for the amount of grants for remediation, alternative accommodation, storage and immediate repairs that may be paid and for variation of those amounts by Government order; to provide for procedures for application to a designated local authority for a grant and for determination by the Housing Agency of the application; to provide for time limits and conditions to attach to grants; to provide for certain second grants; to provide for refund of compensation received by owners of affected dwellings from third parties; to provide for recovery of grants in certain circumstances; to provide for charging orders for certain grants and their release; to provide for a scheme to enable remediation of designated local authority and approved housing body owned dwellings; to provide for an Appeals Panel and Appeal Board and procedures for appeals; to provide for authorised officers; to provide for revocation of the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020 and necessary transitional arrangements; and to provide for related matters. [23rd July, 2022] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022. (2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or provisions. Interpretation 2. (1) In this Act— “Act of 2000” means the Planning and Development Act 2000 ; “Act of 2001” means the Local Government Act 2001 ; “Act of 2004” means the Residential Tenancies Act 2004 ; “administrative area” has the same meaning as it has in the Act of 2001; “ancillary grant” has the meaning given to it by section 10 (2); “Appeal Board” means an Appeal Board constituted under section 38 (1); “Appeals Panel” has the meaning given to it by section 37 (1); “approved remediation option” has the meaning given to it by section 16 ; “building condition assessment” has the meaning given to it by section 12 (1)(a); “building condition assessment report” has the meaning given to it by section 12 (1)(b); “certificate of remediation” shall be construed in accordance with section 20 ; “defective concrete blocks” means concrete blocks that contain excessive amounts of free or unbound muscovite mica or reactive pyrite or a combination of both, or excessive amounts of such other deleterious material or combination of materials as may be prescribed under section 41 ; “designated local authority” means a local authority designated by order under section 5 ; “designated local authority area” has the meaning given to it by section 5 ; “dwelling” means a house and does not include an apartment, maisonette or duplex; “Housing Agency” means the Housing and Sustainable Communities Agency; “I.S. 465:2018” means Irish Standard 465:2018 Assessment, testing and categorisation of damaged buildings incorporating concrete blocks containing certain deleterious materials and Amendment 1:2020, published by the National Standards Authority of Ireland; “landlord” means the person entitled to receive (otherwise than as agent for another person) the rent in respect of a dwelling from the tenant; “letter of assurance” shall be construed in accordance with section 21 ; “local authority” has the same meaning as it has in the Act of 2001; “Minister” means the Minister for Housing, Local Government and Heritage; “owns” means an individual who has a freehold estate or a leasehold estate, with more than 70 years remaining on the term of the lease, in the relevant dwelling; “prescribed” means prescribed by regulations made by the Minister; “relevant dwelling” means relevant dwelling under section 8 ; “relevant owner”, other than in Chapter 2 of Part 3 , means relevant owner under section 9 (1); “remediation option” has the meaning given to it by section 12 (1)(c); “remediation option grant” has the meaning given to it by section 10 (1); “residential tenancies register” means the register established and maintained by the Residential Tenancies Board under section 127 of the Act of 2004; “second grant” has the meaning given to it by section 25 ; “tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied; “tenant” means a person entitled to the occupation of a dwelling under a tenancy. (2) A notification or notice that is required to be given or issued to a person under this Act shall be in writing. Regulations 3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. (2) Regulations made under this Act may include such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling it is passed by either House within the next 21 days on which that House sits after it is laid before the House, it shall be annulled accordingly, but without prejudice to the validity of anything previously done by or under it. Expenses 4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. Designated local authority 5. (1) The Government may by order designate a local authority to be a designated local authority for the purposes of this Act. (2) A local authority may be designated under subsection (1) in respect of the whole of, or part of, its administrative area (in this Act referred to as a “designated local authority area”). (3) The following local authorities are each deemed to be a designated local authority in respect of the whole of its administrative area: (a) Clare County Council; (b) Donegal County Council; (c) Limerick City and County Council; (d) Mayo County Council. (4) Where an order designates part only of the administrative area of the designated local authority the order shall have scheduled to it a map of that part and a copy of the map shall— (a) be deposited and made available for inspection by the public at the offices of the local authority designated by the order, and (b) be made available on a website maintained by or on behalf of the designated local authority. (5) A designated local authority shall be responsible for the performance, in its designated local authority area, of the functions assigned to it by or under this Act. (6) An order may only be made by the Government where the Housing Agency has made a recommendation under subsection (9). (7) A local authority, in respect of its administrative area, or the Minister, in respect of the administrative area of a local authority, may request the Housing Agency to assess whether there are dwellings located in the administrative area, or part of that area— (a) in the construction of which defective concrete blocks were used, and (b) to which damage has been caused by the use of such blocks. (8) Where a request is made under subsection (7), the Housing Agency may direct an authorised officer of the Housing Agency to carry out testing of dwellings located in the administrative area, or part of the administrative area, the subject of the request. (9) The Housing Agency shall, as soon as practicable after the completion of any testing, and having regard to the results of any testing, report the results of its assessment under subsection (7) to the Minister and— (a) make a recommendation to the Minister that an order be made designating the local authority in respect of the whole of, or part of, its administrative area, or (b) make a recommendation to the Minister that an order not be made. (10) A recommendation shall— (a) include the reasons for the recommendation, and (b) where the recommendation is that the local authority should be designated in respect of part of its administrative area, include a map of that part. (11) For the purposes of making a recommendation, the Housing Agency may consult with— (a) the local authority which made the request, or (b) such other persons as it considers appropriate. (12) For the purposes of considering a recommendation the Minister may— (a) consult with such persons as he or she considers appropriate, or (b) request any information he or she considers necessary from the local authority which made the request, or the Housing Agency. (13) The Government may, where it considers it appropriate to do so and notwithstanding the recommendation made, make an order in respect of the whole of, or part of, the administrative area of the local authority, including a part different from the part in respect of which the recommendation is made. (14) The Minister may prescribe— (a) the form and manner in which a request by a local authority under subsection (7) may be made, (b) the standards of, and procedures for carrying out, testing referred to in subsection (8), or (c) the form and manner in which a recommendation under subsection (9) shall be made. (15) The Minister shall have regard to I.S. 465:2018, or any amendment or replacement of it, in making regulations referred to in subsection (14)(b). (16) Where an order is proposed to be made under subsection (1), a draft of the order shall be laid before each House of the Oireachtas and it shall not be made until a resolution approving the draft has been passed by each such House. Advances to and expenditure of designated local authority and Housing Agency 6. (1) In each financial year the Minister may advance such amount of money as he or she considers appropriate to each of the following for the purposes of the performance by them of their respective functions under this Act: (a) a designated local authority; (b) the Housing Agency. (2) The advance shall be made by the Minister out of monies provided by the Oireachtas for the purpose of implementing this Act. (3) The Minister may impose such terms and conditions on the advance as he or she considers appropriate. (4) Each of the following shall submit a budget of its proposed expenditure in the performance of its functions under this Act in each financial year to the Minister: (a) the Housing Agency; (b) a designated local authority. (5) A budget referred to in subsection (4) shall be submitted— (a) before the date of the start of the financial year to which it relates, but not more than one year prior to that date, and (b) in accordance with regulations made under subsection (9). (6) The Minister may approve the budget without modifications or approve the budget with such modifications as he or she considers appropriate. (7) The Minister may consult with the designated local authority or the Housing Agency, as the case may be, for the purposes of subsection (6). (8) Each of the following shall submit a report of its expenditure incurred in the performance of its functions under this Act in each financial year to the Minister: (a) the Housing Agency; (b) a designated local authority. (9) The Minister may prescribe: (a) the form and content of a budget referred to in subsection (4) and a report referred to in subsection (8); (b) the intervals at which, and the periods in relation to which, a budget referred to in subsection (4) or a report referred to in subsection (8) shall be submitted. PART 2 Grants Definitions for Part 2 7. In this Part— “additional works” has the meaning given to it by section 10 (9); “company” means a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act; “competent architect” means a person whose name is entered in the register for architects established under Part 3 of the Building Control Act 2007 , and who has completed such training in relation to damage caused to dwellings by the use of defective concrete blocks in their construction as may be prescribed; “competent building professional” means a competent building surveyor, competent engineer or competent architect; “competent building surveyor” means a person whose name is entered in the register for building surveyors established under Part 5 of the Building Control Act 2007 , and who has completed such training in relation to damage caused to dwellings by the use of defective concrete blocks in their construction as may be prescribed; “competent engineer” means a person whose name is entered in the register kept by The Institute of Engineers of Ireland under section 7 of The Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969 , and who has completed such training in relation to damage caused to dwellings by the use of defective concrete blocks in their construction as may be prescribed; “contractor” means an individual, sole trader, partnership or company who or that carries out, or who or that it is proposed will carry out, some or all of the works to a relevant dwelling pursuant to a remedial works plan; “immediate repairs” means works relating to the structural stability of any part of a dwelling damaged by defective concrete blocks that require necessary immediate action; “post works remedial works plan” means the plan required to accompany an application for final payment under section 18 ; “principal private residence” means a dwelling a relevant owner of which occupies it as his or her only or main residence; “remedial works plan” means the plan required to be provided to the designated local authority under section 17 ; “unauthorised structure” has the same meaning as it has in the Act of 2000. Relevant dwelling 8. (1) Subject to subsection (2), for the purposes of this Act, a dwelling is a relevant dwelling if— (a) it is located in a designated local authority area, (b) the construction of the dwelling was completed before 31 January 2020, (c) defective concrete blocks were used in its construction, and damage was caused to the dwelling as a result of the use of those blocks, and (d) it is not an unauthorised structure. (2) A relevant dwelling shall not include— (a) any structure on land appurtenant to the dwelling in the construction of which defective concrete blocks were used, unless the Housing Agency is satisfied on considering the application under section 16 (4) that damage may be caused to the dwelling, after the completion of a remediation option, by the failure to include the structure, or (b) a building that provides multi-occupancy accommodation under conditions specified by the provider of the accommodation, including a nursing home, boarding school, hotel or hostel. Relevant owner 9. (1) For the purposes of this Act, other than in Chapter 2 of Part 3 , “relevant owner” shall be construed in accordance with this section. (2) A relevant owner is an individual who owns, whether jointly or not, a relevant dwelling and— (a) became an owner of the dwelling prior to 31 January 2020, (b) inherited the dwelling on or after 31 January 2020, or (c) subject to subsection (4), purchased the dwelling on or after 31 January 2020. (3) In order to be a relevant owner under subsection (2), the individual referred to in that subsection— (a) subject to subsections (5) and (6), uses the dwelling as his or her principal private residence, or (b) was the landlord of a tenancy of the dwelling which stood registered in the residential tenancies register on or before 1 November 2021. (4) An individual who purchased a relevant dwelling on or after 31 January 2020, other than a dwelling in respect of which a letter of assurance has been issued, shall not be a relevant owner where he or she knew or ought to have known that defective concrete blocks were used in the construction of the dwelling. (5) An individual shall be deemed to use a dwelling as his or her principal private residence where he or she so used the dwelling but ceased to do so due to damage to the dwelling caused by the use of defective concrete blocks in its construction. (6) Where more than one individual owns a relevant dwelling, and at least one of the individuals use the dwelling as his or her private residence for the purposes of subsection (3)(a), any other of the individuals who do not use the dwelling as his or her principal private residence shall be deemed to have complied with subsection (3)(a) for the purposes of this Act. (7) An individual deemed under subsection (6) to have complied with subsection (3)(a) in relation to a relevant dwelling shall not be precluded on that basis from being a relevant owner of a different relevant dwelling. Grants 10. (1) A grant approved under section 16 (4)(a)(ii) (in this Act referred to as a “remediation option grant”) to enable a relevant owner of a relevant dwelling to complete an approved remediation option in respect of the relevant dwelling shall be calculated in accordance with this section. (2) A grant approved under section 22 (in this Act referred to as an “ancillary grant”), for any or all of the following, shall be calculated in accordance with this section: (a) to enable, subject to section 22 (4)(a), a relevant owner to pay for accommodation alternative to the relevant dwelling where— (i) the relevant dwelling is no longer habitable due to damage caused by the use of defective concrete blocks in its construction, or (ii) the alternative accommodation is necessary during the carrying out of the remediation option; (b) to enable a relevant owner to pay for the storage of contents of a relevant dwelling; (c) to enable a relevant owner to complete immediate repairs to the relevant dwelling. (3) A remediation option grant referred to in subsection (1) or, where applicable, the total amount of a remediation option grant and an ancillary grant referred to in subsection (1) and (2), shall not exceed the amount of €420,000. (4) A grant— (a) referred to in subsection (2)(a), shall be of an amount not exceeding €15,000, (b) referred to in subsection (2)(b), shall be of an amount not exceeding €5,000, and (c) referred to in subsection (2)(c), shall be of an amount not exceeding €5,000. (5) Subject to subsection (3), a remediation option grant referred to in subsection (1) shall— (a) where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, be calculated by multiplying the internal floor area of the relevant dwelling, measured in square metres, by the cost per square metre, prescribed under section 12 , of completing the remediation option, and (b) where the approved remediation option is other than that referred to in paragraph (a), be calculated by multiplying the number of square metres of defective concrete blocks in the relevant dwelling to be removed and replaced in accordance with the remediation option by the cost per square metre, prescribed under section 12 , of completing the remediation option. (6) Where an approved remediation option is other than that referred to in subsection (5)(a), the remediation option grant shall— (a) where the approved remediation option requires the removal and replacement of blocks in the outer and inner leaf of the external walls down to the foundation level of the relevant dwelling, be not more than 90 per cent of the maximum grant which could be given were the approved remediation option that referred to in subsection (5)(a), and (b) where the approved remediation option requires the removal and replacement of blocks in the outer and inner leaf of the external walls down to the top of the rising walls of the relevant dwelling, be not more than 85 per cent of the maximum grant which could be given were the approved remediation option that referred to in subsection (5)(a). (7) A relevant owner shall only be approved for a grant referred to in subsection (1) or (2) in respect of— (a) one relevant dwelling of which he or she is a relevant owner by virtue of section 9 (3)(a), and (b) one relevant dwelling of which he or she is a relevant owner by virtue of section 9 (3)(b). (8) A relevant owner shall not be given a grant referred to in subsection (1) or (2) in respect of a relevant dwelling of which he or she is a relevant owner— (a) by virtue of section 9 (3)(a), where a member of his or her household has previously, in respect of a different relevant dwelling of which that member is a relevant owner by virtue of section 9 (3)(a), been given such a grant, or (b) by virtue of section 9 (3)(b) where a member of his or her household has previously, in respect of a different relevant dwelling of which that member is a relevant owner by virtue of section 9 (3)(b), been given a grant. (9) A relevant owner may undertake works to a relevant dwelling in addition to the approved remediation option (referred to in this Part as “additional works”), but a grant shall not be approved under section 16 (4) for the purposes of completing the additional works. (10) Subject to this section, the Minister may prescribe the methodology by which the amount of grant referred to in subsection (1) or (2) is to be calculated. (11) In this section, “member of his or her household”, in relation to a relevant owner, means an individual with whom the relevant owner lives in a relevant dwelling and the individual has, in the opinion of the designated local authority, a reasonable requirement to live with the relevant owner. Government order to increase or decrease remediation option and ancillary grant 11. (1) Where it considers it necessary to do so, the Government may by order increase or decrease— (a) the amount referred to in section 10 (3), or (b) the amount referred to in paragraph (a), (b) or (c) of section 10 (4). (2) The Government shall not make an order under paragraph (a) or (b) of subsection (1) earlier than— (a) in the case of the first order under that paragraph, 12 months after the date of the coming into operation of this section, and (b) in the case of subsequent orders, 12 months after the date of the coming into operation of the previous order under that paragraph. (3) Subject to subsections (4) and (5), 3 orders may be made under subsection (1)(a) and 3 orders may be made in respect of each paragraph referred to in subsection (1)(b) from the date of the coming into operation of this section. (4) The number of orders referred to in subsection (3) may be increased where each House of the Oireachtas passes a resolution to that effect, by such further number of orders (not exceeding 3 orders under subsection (1)(a) and 3 orders in respect of each paragraph referred to in subsection (1)(b)) as may be specified in the resolution. (5) The Government shall not by order under subsection (1)— (a) increase the amount referred to in section 10 (3) by more than 10 per cent of that amount, or where that amount has been increased or decreased, to an amount specified by a previous order made under subsection (1)(a), by more than 10 per cent of the amount specified by the last such order, or (b) increase the amount referred to in paragraph (a), (b) or (c) of section 10 (4) by more than 10 per cent of the amount referred to in that paragraph, or where the amount in that paragraph has been increased or decreased, to an amount specified by a previous order made under subsection (1)(b), by more than 10 per cent of the amount specified by the last such order. (6) In making an order under subsection (1)(a), the Government shall have regard to— (a) the cost of construction prevailing in the designated local authority areas at the time of the making of the order, including the cost of— (i) materials necessary to carry out remediation options, and (ii) services and labour necessary to carry out remediation options, and (b) the economic circumstances of the State prevailing at the time of the making of the order, and the demands on the State’s financial resources which may occur during the period the order shall remain in effect. (7) In making an order under subsection (1)(b), the Government shall have regard to the matter referred to in subsection (6)(b) and— (a) in respect of an order in relation to the amount referred to in section 10 (4)(a), to the Rent Index, (b) in respect of an order in relation to the amount referred to in section 10 (4)(b), to the Consumer Price Index, and (c) in respect of an order in relation to the amount referred to in section 10 (4)(c), to the matters referred to in subsection (6)(a), subject to the modification that the references in that subsection to remediation options shall be considered to be references to immediate repairs. (8) The Minister may consult such persons or commission such research as he or she considers appropriate for the purposes of preparing a draft order for consideration by the Government under this section. (9) Where an order is proposed to be made under subsection (1) a draft of the order shall be laid before each House of the Oireachtas and it shall not be made until a resolution approving the draft has been passed by each such House. (10) In this section— “Consumer Price Index” means the Consumer Price Index (All Items) published by the Central Statistics Office or any equivalent index published from time to time by that Office; “Rent Index” has the same meaning as it has in the Act of 2004. Remediation options and building condition assessments 12. (1) The Minister may prescribe— (a) subject to subsection (2), the requirements for the assessment of a dwelling to be carried out by a competent building professional to identify if the dwelling is exhibiting damage consistent with the use of defective concrete blocks in its construction, and to quantify the extent and significance of such damage (in this Act referred to as a “building condition assessment”), (b) the form and content of a report of a building condition assessment (in this Act referred to as a “building condition assessment report”), (c) the classes of works necessary for the remediation of damage caused to relevant dwellings by the use of defective concrete blocks in their construction (in this Act referred to as “remediation options”), (d) subject to section 10 , or any orders made under section 11 , the amount of a remediation option grant which may be approved for the purposes of completing a particular remediation option, and (e) for the purposes of section 10 (5), and subject to the consent of the Minister for Public Expenditure and Reform, the costs per square metre of completing remediation options, including the costs of carrying out works, materials and fees for inspections and reports required under this Act. (2) Building condition assessments shall in particular include— (a) a study of such information or documents as may be prescribed, and (b) a non-invasive visual inspection of the exterior and interior of the dwelling. (3) Without prejudice to the generality of subsection (1)(c), remediation options may include the following: (a) demolition of a relevant dwelling and the reconstruction of the dwelling in the exact position on the land on which the relevant dwelling was situated before it was demolished; (b) removal and replacement of blocks and other material, and the carrying out of all associated works necessary to remedy the damage to the dwelling caused by the use of defective concrete blocks in its construction; (c) where a remediation option referred to in paragraph (a) or (b) is to be carried out, removal and reinstatement of services, fixtures and fittings in the dwelling necessary for the carrying out of the remediation option; (d) remediation techniques other than those referred to in paragraph (a), (b) or (c), as the Minister considers appropriate. (4) In making regulations under subsection (1), the Minister shall have regard to— (a) current best engineering practice for remediation of damage to dwellings caused by the use of defective concrete blocks in their construction, and (b) I.S. 465:2018, or any amendment or replacement of it. (5) For the purpose of making regulations under subsection (1), the Minister may— (a) consult with a designated local authority, the Housing Agency, the National Standards Authority of Ireland, and such other persons as he or she considers appropriate, and (b) commission such research or reports as he or she considers appropriate. Application for remediation option grant 13. (1) An individual or, subject to section 9 (7), more than one individual jointly, (referred to in this section and sections 15 and 16 , as the “applicant”) may apply to a designated local authority for a remediation option grant to enable him or her, or them, to complete a remediation option in respect of a relevant dwelling located in a designated local authority area of the designated local authority. (2) An application under subsection (1)— (a) shall include— (i) proof of the applicant’s identity, (ii) proof that the dwelling complies with subsection (1) of section 8 (other than paragraph (c) of that subsection), (iii) subject to subparagraph (ii), proof that the applicant is a relevant owner of the dwelling, and details of any other person who has a legal or beneficial interest in the dwelling, (iv) where a person other than the applicant has a legal or beneficial interest in the dwelling, a statement that the person consents to the making of the application under this section, (v) a building condition assessment report in relation to the dwelling, (vi) details of any payment which the applicant, or any other person who has a legal or beneficial interest in the dwelling, has received other than under this Act, in respect of damage to the dwelling caused by the use of defective concrete blocks in its construction, (vii) details of every claim which the applicant, or any other person who has a legal or beneficial interest in the dwelling, has made against a person arising from damage to the dwelling caused by the use of defective concrete blocks in its construction, (viii) such information and documents as may be required by the designated local authority concerning the builder, developer, or other person involved in the design, inspection, supervision or certification, of the construction of the dwelling, or part of the dwelling, or the previous owner of the dwelling, (ix) proof that there are no outstanding amounts of local property tax, within the meaning of section 16 of the Finance (Local Property Tax) Act 2012 , payable in respect of the dwelling, (x) such information or documents as may be required by the designated local authority for the purposes of determining whether the dwelling is an unauthorised structure, (xi) a statement that the applicant, and any other person who has a legal or beneficial interest in the dwelling, consents to an authorised officer of the designated local authority or Housing Agency entering the dwelling, and exercising such powers specified in section 43 as he or she considers necessary for the purposes of performing its functions under this Act, (xii) a statement that the applicant, and any other person who has a legal or beneficial interest in the dwelling, consents, where applicable, to the creation of a charge under section 31 and to the registration of the charge in the Land Registry or the Registry of Deeds, (xiii) a copy of any previous application made under this section or under the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020 ( S.I. No. 25 of 2020 ) by the applicant, or any other person who has a legal or beneficial interest in the dwelling, of any correspondence received from the designated local authority or Housing Agency, or relevant local authority in relation to the previous application, and of any notification in relation to the previous application under section 16 (9) or any decision in relation to the previous application under the Regulations, which the applicant or other person has received, (xiv) a statutory declaration made by the applicant that the information provided with the application is true, and (xv) such other documents, information or confirmations as may be prescribed, whether for the purposes of the matters referred to in subparagraphs (i) to (xiv), or otherwise for the purposes of the consideration of the application in accordance with this Act, and (b) shall be made in such form and manner as may be prescribed. (3) For the purpose of considering whether an application is valid, the designated local authority may— (a) require the applicant to provide in writing, within 90 days of the date of the requirement, such further information or documents relating to the application as the designated local authority may consider necessary, and (b) require that the applicant facilitate, within 90 days of the date of the requirement, an inspection of the dwelling by an authorised officer of the designated local authority. (4) A designated local authority may refuse to consider whether an application is valid where the applicant fails to comply with a requirement under subsection (3). (5) The designated local authority shall notify the applicant of its refusal under subsection (4), and the reasons for its refusal, as soon as practicable after the refusal. (6) Where, at any time after making an application, an applicant becomes aware of any change in circumstances that affects his or her application, he or she shall immediately notify the designated local authority of that change, and the designated local authority may, where it considers it appropriate to do so, notify the Housing Agency of the change. (7) The designated local authority shall consider whether an application is valid and shall— (a) where it decides that the application is valid, refer the application to the Housing Agency as soon as practicable after making that decision, or (b) where it considers that the application is not valid, refuse to refer the application to the Housing Agency. (8) In considering whether an application is valid, the designated local authority shall have regard to— (a) the application, (b) any further information, or documents provided to it, or the results of any inspections made by it under subsection (3), and (c) any change of circumstances notified to it under subsection (6). (9) An application is not valid where— (a) the dwelling does not comply with paragraph (a), (b) or (d) of section 8 (1), or is a building referred to in section 8 (2)(b). (b) subject to paragraph (a) and section 9 (7), the applicant, or any other person who has a legal or beneficial interest in the dwelling, is not a relevant owner of the dwelling, (c) the application is not made in accordance with subsection (2) or any regulations made under that subsection, (d) the applicant does not qualify for a grant due to the operation of subsection (7) or (8) of section 10 , or (e) the application does not comply with any further conditions that may be prescribed. (10) The designated local authority shall notify the applicant of the referral or refusal under subsection (7) as soon as practicable after it is made. (11) A notification under subsection (10) shall include— (a) the reasons for the referral or refusal and, (b) where a notification relates to a refusal, a statement that the applicant may appeal the refusal under Part 5 within 28 days of the date of the notification. Period for making applications for remediation option grant 14. (1) Subject to subsection (2), an application for a remediation option grant under section 13 shall not be made more than 15 years after the date of the coming into operation of this section. (2) Subsection (1) shall not apply in relation to an application for a second grant. Determination by Housing Agency of damage threshold 15. (1) The Housing Agency shall consider an application referred to it under section 13 and determine— (a) that the dwelling has the minimum type and amount of damage as may be prescribed for the application to be considered by the Housing Agency under this section (in this section referred to as the “damage threshold”), or (b) that the dwelling does not meet the damage threshold. (2) Where the Housing Agency makes a determination under subsection (1)(a), the Housing Agency shall assess the level of damage to the dwelling and, in so far as is possible, prioritise the assessment and consideration of the application under section 16 in accordance with the criteria prescribed under section 16 (10)(c). (3) For the purposes of making a determination under subsection (1) and an assessment of the level of damage under subsection (2), an authorised officer of the Housing Agency— (a) shall consider the application, and (b) may, where he or she considers it appropriate— (i) conduct a non-invasive visual inspection of the interior or exterior of the dwelling, or (ii) make enquiries of any person, including the designated local authority. (4) The Housing Agency shall notify the designated local authority of its determination under subsection (1) and the reasons for it. (5) The designated local authority shall, as soon as practicable on being notified by the Housing Agency under subsection (4), notify the applicant of the determination under subsection (1) and the reasons for it. (6) Where a determination is made under subsection (1)(b), a notification under subsection (5) shall state that the applicant may appeal the determination under Part 5 within 90 days of the date of the notification. (7) The Minister may prescribe: (a) the type and amount of damage which constitutes the damage threshold; (b) the standard and procedures by which assessments and inspections under this section shall be carried out. (8) The Minister shall have regard to I.S. 465:2018 or any amendment or replacement of it in making regulations under subsection (7). Consideration by Housing Agency of application for remediation option grant 16. (1) Where a determination is made under section 15 (1)(a), the Housing Agency shall arrange for an authorised officer who is a competent engineer to assess the dwelling and submit a report of the assessment to the Housing Agency in accordance with this section. (2) For the purposes of preparing a report under subsection (1), the authorised officer may— (a) exercise such powers referred to in section 43 as he or she considers necessary, and (b) review such information or documents as he or she considers appropriate. (3) The authorised officer shall submit a report to the Housing Agency, which— (a) shall state whether, in his or her opinion, the damage to the dwelling is caused by the use of defective concrete blocks in its construction, and (b) where his or her opinion is that such damage has been caused, shall recommend— (i) the appropriate remediation option, or combination of remediation options, to remedy the damage, and (ii) in accordance with section 10 , or any order made under section 11 , the remediation option grant which may be paid to the relevant owner under section 18 for the purpose of completing that remediation option. (4) The Housing Agency shall consider the application under section 13 and the report of the authorised officer and shall— (a) where it is satisfied that there is damage to the dwelling caused by the use of defective concrete blocks in its construction approve— (i) in accordance with any regulations made under section 12 , the appropriate remediation option, or combination of remediation options, to remedy the damage (in this Act referred to as the “approved remediation option”), and (ii) in accordance with section 10 , or any order made under section 11 , the remediation option grant which may be paid to the relevant owner under section 18 for the purpose of completing the approved remediation option, or (b) where it is not satisfied that there is damage to the dwelling caused by the use of defective concrete blocks in its construction, refuse to approve the grant. (5) For the purposes of considering the application under subsection (4), the Housing Agency may— (a) require the applicant to provide to it, within such period as it may specify, such further information or documents as it may specify, or (b) require further information from the designated local authority. (6) Where an applicant does not comply with a requirement under subsection (5)(a), the application shall be considered to have been withdrawn. (7) The Housing Agency shall notify the designated local authority of its decision under subsection (4) and of the reasons for its decision, as soon as practicable after the decision is made. (8) Where an applicant states in the application under section 13 that he or she, or any other person who has a legal or beneficial interest in the relevant dwelling, received a payment from another person, other than under this Act, in respect of damage to the relevant dwelling caused by the use of defective concrete blocks in its construction, the designated local authority shall reduce the remediation option grant approved under subsection (4)(a)(ii) in respect of the dwelling by the amount of the payment. (9) The designated local authority shall, as soon as practicable on being notified by the Housing Agency under subsection (7), notify the applicant of the decision under subsection (4) and, where applicable, of a reduction under subsection (8), and the reasons for the decision and, where applicable, reduction, and the notification shall— (a) where it relates to a decision under subsection (4)(a), state that the applicant is required to comply with section 17 , and (b) include a statement that the applicant may appeal the decision under subsection (4) in accordance with Part 5 within 90 days of the date of the notification under this subsection. (10) The Minister may prescribe— (a) the standards by reference to which inspections and tests by authorised officers for the purposes of this section are to be carried out, (b) the procedures for the selection by the Housing Agency of competent engineers to be authorised officers for the purposes of this section and the form and manner in which reports of authorised officers are to be provided, (c) for the purposes of section 15 (2), the criteria in accordance with which the Housing Agency may determine the priority in which it may assess applications under this section, (d) the matters to which the Housing Agency is to have regard in approving the remediation option and remediation option grant under subsection (4). (e) the form and manner in which a requirement may be made under subsection (5). (f) the method and procedure by which a remediation option grant may be reduced under subsection (8), and (g) the form and manner in which a notification may be given under subsection (9). (11) In making regulations under paragraph (a), (b), (c) or (d) of subsection (10) the Minister shall have regard to I.S. 465:2018 or any amendment or replacement of it. Provisions relating to remediation option grant 17. (1) Where a relevant owner receives a notification under section 16 (9) which relates to a decision under section 16 (4)(a), the relevant owner shall provide the following to the designated local authority: (a) a remedial works plan; (b) any application the relevant owner wishes to make under section 22 ; and (c) such other documents or information as may be prescribed. (2) A remedial works plan referred to in subsection (1)(a) shall— (a) describe the works the relevant owner proposes to carry out to satisfy the approved remediation option, (b) describe any additional works the relevant owner proposes to carry out, and (c) be provided in such form and manner as may be prescribed. (3) The designated local authority shall refuse to consider an application for a payment under section 18 where— (a) the relevant owner fails to comply with subsection (1), or any regulations made under it, or (b) the remedial works plan indicates that the relevant owner does not propose to carry out the works necessary to satisfy the approved remediation option (whether or not he or she proposes to carry out additional works). (4) The designated local authority shall notify the relevant owner where it considers that subsection (3) applies. (5) Where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, and the remedial works plan provided under subsection (1) indicates that the internal floor area of the dwelling which the relevant owner proposes, subject to subsection (8)(c), to reconstruct is a reduction of the internal floor area of the relevant dwelling demolished, the designated local authority shall reduce the amount of the remediation option grant approved by the Housing Agency under section 16 (4) proportionately. (6) The designated local authority shall notify the relevant owner of the reduction of the remediation option grant under subsection (5) and of the reasons for it. (7) Following receipt of the documents referred to in subsection (1) the designated local authority shall notify the relevant owner that the remediation option grant shall not be paid where the conditions referred to in subsection (8) are not complied with by the relevant owner. (8) The conditions are that the relevant owner shall— (a) comply with sections 18 and 19 and any regulations made under those sections, (b) satisfy the designated local authority that the approved remediation option and any additional works are not unauthorised development within the meaning of the Act of 2000, (c) complete the remediation option on the relevant dwelling, or where the remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, in the exact position on the land on which the relevant dwelling is situated, and (d) comply with such other conditions as may be prescribed. Payment of remediation option grant 18. (1) A relevant owner may apply to the designated local authority for a payment of a remediation option grant approved under section 16 (4)(a) in whole or in parts, subject to any reduction made under section 16 (8) or 17 (5). (2) An application for part payment (other than the final part payment) of a remediation option grant shall be accompanied by— (a) an interim valuation certificate completed in accordance with subsection (5), and (b) evidence of the expenditure incurred by the relevant owner in carrying out the works described in the interim valuation certificate. (3) An application for the final part payment of the remediation option grant or for payment of the whole of the grant shall be accompanied by— (a) a post works remedial works plan completed in accordance with subsection (6). (b) a certificate of remediation completed in accordance with section 20 , and (c) evidence of the expenditure incurred by the relevant owner in completing the works described in the post works remedial works plan. (4) The total amount of payments which may be made to a relevant owner under this section shall not exceed the lesser of— (a) the amount of the remediation option grant approved under section 16 (4), subject to any reduction made under section 16 (8) or 17 (5), or (b) the expenditure incurred and evidenced by the relevant owner in completing the approved remediation option (including the value added tax paid by the relevant owner for that purpose). (5) An interim valuation certificate shall— (a) describe the works completed since the date of commencement of the works notified to the designated local authority under section 19 , or where a previous interim valuation certificate has been provided to the designated local authority, since the date of that previous interim valuation certificate, and (b) be prepared by the competent engineer, or where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the competent building professional, who designed and inspected the works referred to in paragraph (a). (6) A post works remedial works plan shall— (a) describe the works completed since the date of commencement of the works notified to the designated local authority under section 19 , and (b) be prepared by the competent engineer, or where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the competent building professional, who designed and inspected the works referred to in paragraph (a). (7) The designated local authority shall refuse to make a payment applied for under subsection (1)— (a) where the conditions referred to in section 17 (8) have not been complied with, (b) in respect of any additional works, or (c) where an authorised officer is refused entry to the relevant dwelling for the purposes of subsection (10). (8) Without prejudice to subsection (7), the designated local authority shall refuse to make a part payment where— (a) the relevant owner fails to comply with subsection (2), or (b) the works carried out are not in accordance with the remedial works plan. (9) Without prejudice to subsection (7), the designated local authority shall refuse to make the final part payment of the remediation option grant or the payment of the whole of the remediation option grant where— (a) the relevant owner fails to comply with subsection (3), or (b) the works carried out by the relevant owner are not sufficient to satisfy the approved remediation option. (10) For the purposes of determining whether or not to make a payment, or part payment, of a remediation option grant under this section, an authorised officer of the designated local authority may— (a) inspect the works carried out or being carried out to the relevant dwelling, and (b) make enquiries of such persons as he or she considers necessary. (11) Where the designated local authority refuses to make a payment, it shall notify the relevant owner of the refusal and the reasons for the refusal. (12) A notification under subsection (11) shall state that the relevant owner may appeal the refusal in accordance with Part 5 within 90 days of the date of the notification. (13) The Minister may, for the purposes of this section, prescribe: (a) the form and manner in which an application under this section shall be made; (b) the form and content of interim valuation certificates; (c) the form and content of post works remedial works plans; (d) such other documents or information as he or she may consider necessary to accompany an application for the purposes of this section. Time limits for payment of remediation option grant 19. (1) Subject to subsection (3), a payment may only be made to a relevant owner under section 18 — (a) where the works necessary to carry out the approved remediation option have commenced within 78 weeks from— (i) the date of the notification under section 16 (9), or (ii) where the relevant owner has made an appeal under Part 5 in respect of a decision under section 16 (4), and the Appeal Board has under section 39 affirmed the decision or annulled the decision and replaced the decision with such other decision as it considers appropriate, the date of the decision of the Appeal Board to affirm or annul and replace the decision, and (b) where an application is made under section 18 within 65 weeks from the date of commencement of the works notified under subsection (2). (2) The relevant owner shall notify the designated local authority of the date of commencement of the works necessary to carry out the approved remediation option not more than 14 days and not less than 7 days before that date. (3) A relevant owner may request the designated local authority to extend the period referred to in paragraph (a) or (b) of subsection (1) by a further period where, due to exceptional circumstances beyond the control of, and the exercise of all due diligence by, the relevant owner, there is a delay— (a) in the case of the period referred to in that paragraph (a), in commencing the works within that period, or (b) in the case of the period referred to in that paragraph (b), in making an application under section 18 within that period. (4) A request under subsection (3) shall— (a) be made more than 12 weeks before the expiry of the period referred to in paragraph (a) or (b) of subsection (1) in respect of which the request is made, and (b) be accompanied by— (i) a statement of the reasons for the delay, and (ii) evidence of the exercise of due diligence by the relevant owner in seeking to avoid the delay. (5) The designated local authority shall consider a request as soon as practicable after it is made and shall decide— (a) where it is satisfied that exceptional circumstances beyond the control of, and the exercise of all due diligence by, the relevant owner, arise, to grant the extension, or (b) where it is not satisfied that such circumstances arise, to refuse the extension. (6) For the purpose of considering a request, the designated local authority may require the relevant owner to provide further information or documents within a specified period. (7) Where the relevant owner fails to comply with a requirement under subsection (6), the relevant owner shall be deemed to have withdrawn the request under subsection (3). (8) The further period referred to in subsection (3) shall be not more than 24 weeks from the expiry of the period referred to in paragraph (a) or (b) of subsection (1) in respect of which the request is made. (9) The designated local authority shall notify the relevant owner of its decision under subsection (5) and the notification shall— (a) include the reasons for the decision, and (b) state that the relevant owner may request the designated local authority to review a decision under subsection (5)(b) within 14 days from the date of the decision. (10) A relevant owner may request the designated local authority to conduct a review of a decision under subsection (5)(b). (11) The employee of the designated local authority appointed by it to conduct the review referred to in subsection (10) shall not be the employee of the designated local authority who made the decision under subse …