Written answer
Defective Building Materials
The remediation scheme will require applications from owners’ management companies, not individual homeowners; legislation is advanced, and interim emergency fire-safety support is available.
309. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage the way in which a homeowner in an affected apartment or duplex can access the apartment and duplex defects remediation scheme where applications must be made by a management company that does not own the property; whether an individual homeowner can apply directly where the management company is unwilling or unable to apply; and the alternative arrangements are available to ensure homeowners are not denied redress in such circumstances. [75092/26]
Comment on this
Drafting of the Apartment and Duplex Defects Remediation Scheme Bill is at an advanced stage and it is listed for publication this session. The statutory scheme will be in place as soon as possible following its passage through the Dáil.
The scheme will provide supports for the remediation of relevant fire safety, structural safety and water ingress defects in apartment buildings, including duplexes, constructed between 1991 and 2013.
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 statutory scheme.
An interim non-statutory scheme is already in place pending the legislation being finished. It is not necessary for an OMC to demonstrate ownership of common areas in order to apply to the existing Interim Remediation Scheme for emergency fire safety remediation works.
An individual apartment owner may not apply to the scheme. The scheme is based on a whole-of-building approach. Applications will be made by the OMC, as the persons having control of the buildings. OMCs have existing legal responsibilities and obligations to their members under the Multi-Unit Developments Act 2011 which must be met in ensuring the on-going repair, maintenance and management of the buildings.
I would encourage all OMCs with relevant defects to engage with the schemes via the Housing Agency.