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

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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)

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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: