Dáil Questions: Pyrite remediation

Home Page // Dáil Issues // Dáil Questions: Pyrite remediation

Dáil Issues, Environment, Oral Questions

I submitted two questions on pyrite and the Pyrite Remediation Scheme to the Minister for the Environment, Community and Local Government. Yet again, the Minister fudged and dragged his heels on Pyrite Remediation for those with a damage condition rating of 1, and failed to bring in changes that he has acknowledged are necessary to allow homeowners with pyrite avail of their legal entitlement to an exemption for property tax.

QUESTION

To ask the Minister for the Environment, Community and Local Government the discussions or contact his officials have had with the Department of Finance in 2015, in relation to overcoming the difficulties of the criteria outlined in the Statutory Instrument, to enable homeowners with significant damage as a result of pyrite, to avail of their legitimate local property tax exemption.

– Clare Daly.

For ORAL answer on Thursday, 23rd April, 2015. 
 
Ref No: 15676/15

REPLY

Minister of State for the Environment, Community and Local Government (Deputy Paudie Coffey):

Section 10A of the Finance (Local Property Tax) Act 2012 (as amended) provides for a temporary exemption of at least three consecutive years from the charge to Local Property Tax (LPT) for residential properties that have been certified as having “significant pyritic damage”. T he requirements   needed to demonstrate “significant pyritic damage” are set out in the  Finance (Local Property Tax) (Pyrite Exemption) Regulations 2013  and are consistent with the recommendation set out in the Report of the Pyrite Panel  (July 2012) which recommended that an exemption from the LPT should be provided for dwellings where damage from pyritic heave has been proven by testing.

Nevertheless, having regard to the costs associated with testing, my Department is engag ing with the Department of Finance in order to explore possible alternatives to the requirement for testing. In this context, I understand that my colleague, the Minister for Finance, has initiated a review of the operation of the LPT. I understand that the review will primarily have regard to recent residential property price developments, the overall yield from LPT and the desirability of achieving relative stability in LPT payments. The review will also address a number of issues which have arisen in relation to the efficient and effective administration of the LPT, among which is likely to be the matter of the operation of the pyrite exemption provisions. Further discussions in this matter will take place in due course between my Department and the Department of Finance.


QUESTION

To ask the Minister for the Environment, Community and Local Government if he has provided guidance to the Pyrite Remediation Board in relation to the manner in which they are dealing with cases of homeowners whose property has a damage condition rating of 1, particularly where it is adjoining a dwelling which has been approved for remediation.

– Clare Daly.

For ORAL answer on Thursday, 23rd April, 2015.

Ref No: 15675/15

REPLY

Minister of State for the Environment, Community and Local Government (Deputy Paudie Coffey):

The pyrite remediation scheme, which was first published by the Pyrite Resolution Board in February of 2014, was developed having regard to , inter alia, the recommendations set out in the Report of the Pyrite Panel (July 2012).   The full conditions for eligibility are set out in the scheme , which is available on the Board’s website ( www.pyriteboard.ie). It is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment, carried out by a competent person in accordance with I.S. 398-1:2013 Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol , with a Damage Condition Rating of 2 .   There are no proposals to amend this eligibility criterion.

My Department understands that, in a number of cases, dwellings which had a Damage Condition Rating of 1 when their Building Condition Assessment s were first completed have now progressed to a Damage Condition Rating of 2; these dwellings have now been included in the pyrite remediation scheme.

While dwelling s with Damage Condition Rating s of 1 do not qualify under the scheme, some may be considered in accordance with the exceptional circumstance provisions set out in section 17 of the Pyrite Resolution Act 2013. Section 17 provides that exceptional circumstances may apply where –

–   failure to include a dwelling with a damage rating of 1 in the scheme may result in damage to a dwelling which is being remediated under the scheme, or

–   pyrite remediation work is causing or may cause damage to the dwelli ng with the damage rating of 1.

Where a dwelling with a Damage Condition Rating of 1 adjoins a dwelling with a Damage Condition Rating of 2, the Housing Agency will be notified and will consider if exceptional circumstances apply when the Remedi al Works Plan is being drawn up; the Board will be inform ed of any recommendation for a decision in the matter.