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

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.