Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Bill 2025: Second Stage
Seanad Éireann — 2025-12-11
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James Browne (FF), Wexford

I thank the Acting Chairperson. I am pleased to have the opportunity to introduce the Second Stage of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Bill 2025 to the Seanad and I thank the Members for facilitating the debate on this very important Bill.
As outlined previously, this Bill intends to make amendments to the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022. A number of issues have arisen to date that will be addressed by the amendments while also ensuring that everybody is fairly dealt with and supported. The amendments in this legislation are designed to make more improvements to what is already a comprehensive scheme for impacted homeowners.
Moving on to the contents and structure of the Bill, it contains 28 sections, which I will now turn to in some more detail. The primary provisions are contained in a limited number of sections, namely, sections 7, 8, and 14, with the supporting provisions for these arrangements contained in the other sections. Rather than go through each section individually, I will instead highlight the key elements of the provisions for Senators here today.
The most recent increases in the grant scheme cap and rates of up to 10% will now be made available to a wider group of relevant owners and they will be able to apply retrospectively for spending they have incurred. It will allow relevant owners who incurred qualifying expenditure since 29 March 2024 that was unpaid due to them reaching the maximum scheme cap in place at the time of €420,000 to now be able to apply to their designated local authority to have a new remediation option grant amount determined in line with the increased scheme cap and rates. Upon receipt of this new grant amount, relevant owners will then be able to submit unpaid invoices for consideration and payment to their designated local authority in line with their new grant amount.
In recognition of the evolving scientific standard underpinning the scheme, relevant owners who were previously given a non-demolition option, namely, options 2 to 5, and who are yet to commence works or ceased works on site as of 6 November 2024, will now be able to apply for a technical review of their determined remediation option and grant amount in line with an expected new IS 465 national standard, which is due for publication, as I understand it, early in 2026.
Under the 2022 Act, relevant owners who have reached the maximum scheme grant cap cannot apply for ancillary grants. The amendment contained in the Bill will allow this cohort to apply for ancillary grants while still ensuring the overall total payment to the homeowner remains within the grant scheme allowable amounts. The 2022 Act does not allow a person who does not satisfy the definition of a “relevant owner” to become a relevant owner where he or she is or was in a relationship with a relevant owner. It was brought to my attention that this was unfair to certain applicants. The amendment will facilitate this for married couples, those in a civil partnership or cohabiting.
The time within which homeowners will be allowed to complete their works is being doubled from 65 weeks to 130 weeks. This is an acknowledgement of the practical challenges many were facing in complying with the existing timeframes. I feel sure that all key stakeholders will welcome it as a practical and helpful measure.
The Act allows the sharing of certain information with the Sustainable Energy Authority of Ireland by designated local authorities where it is necessary and proportionate. Following a request my Department received from the Sustainable Energy Authority of Ireland, the Bill contains an amendment that will allow it to share information with designated local authorities in order to ensure it does not double-fund payments it makes under its energy retrofit scheme to defective concrete blocks, DCB, scheme applicants.
Finally, the retrospective element of the Bill may result in certain applicants receiving additional funding where a designated local authority has created a charging order over their rental property, upon completion of remediation works. The amendment will allow for the creation of a second charge, if required.
Two specific issues around how the DCB scheme operates have come to my attention in recent months, and I included these as additional amendments on Committee Stage. The first relates to allowing an exemption from the general principle of the scheme, that is, that houses be remediated in more or less the exact location as they are now. Noting the difficulties that certain vulnerable relevant owners and family members may face in finding suitable alternative accommodation, this amendment allows the construction of adjacent dwellings in limited circumstances. I think this change will make a real difference to families, for example, whose current homes have been modified to take care of the medical needs of family members.
The second relates to facilitating owners of certain conjoined homes, for example, semi-detached or terraced homes, to enter the scheme at an earlier time, thus potentially facilitating joint building work. In a number of conjoined dwellings, one dwelling may meet the damage threshold of the grant scheme and the other, although displaying visible signs, may not meet the damage threshold at the time. The amendment allows, in certain situations, for the requirement of a dwelling to meet the damage threshold to be waived in order to facilitate an early grant option and determination by the Housing Agency.
On Second Stage of the Bill in the Dáil on 2 December, I signalled my intention to bring forward a number of amendments to the Building Control Acts 1990 to 2020. Following Committee and Remaining Stages in Dáil Éireann on 10 December, these are now included in the Bill. The Building Control Acts provide for the regulation of the design and construction of buildings in order to ensure the safety, health and welfare of people, within the built environment. In addition, they provide for the making of building regulations and building control regulations and set out the legislative basis for the system of enforcement.
The amendments provide explicit powers for the Minister to prevent a building being used until such a time as the particulars of the relevant certificate of compliance on completion have been entered on the register maintained by the building control authority. This underpins the strengthening of building control regulations introduced in 2014 in response to the then emerging defects in construction.
The amendments also provide a legal remedy for the uncommon situation whereby works which have commenced or been completed in respect of a building without submitting, by either act or omission, an appropriate valid notice to the building control authorities may be regularised. In addition, the amendments provide for the strengthening of enforcement of the building regulations. In this respect, the amendments provide the building control authority with the power to require the owner or occupier of a building, or any person responsible for the construction of a building, to open up construction works, as may be reasonable in certain circumstances, to be able to ascertain that the relevant requirements of the building regulations in respect of the works have been complied with.
The amendments provide for the withdrawal of an enforcement notice and regulation-making powers relating to enforcement notices.
The amendments also provide authorised officers of building control authorities with the power to issue a warning letter in respect of compliance with the building regulations or building control regulations, or both, following an inspection they had carried out.
In respect of building regulations, the amendments introduce an additional power under which the Minister for Housing, Local Government and Heritage may make building regulations.
Finally, the amendments also change the names of certain building control certificates issued under the Building Control Acts 1990 to 2020 to better reflect their purpose.
I place on record my appreciation for the collaboration we have had with members of the Oireachtas housing committee in assisting us in progressing this Bill to this point. It is clear these proposed changes will bring about an improved regulatory environment for the benefit of all stakeholders.
More than €235 million has been spent on the DCB scheme to date as more than 3,000 homeowners are at various stages of the scheme. The rate of spending and works completed is accelerating. To reflect this a record amount is being allocated to fund the scheme in 2026. I will conclude by pointing out that the fundamental and important legislative measures contained in this Bill will continue to deliver help and assistance for the many homeowners in the counties affected by the scourge of defective concrete in their homes. I look forward to the contributions from Senators in discussing and debating this Bill. I commend the Bill to the House.

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Retrieved: 2026-08-14T04:54:27+00:00
Sitting date: 2025-12-11