The definition of excemptional circumstances when accesing an appeal by a person to the pyrite remediation scheme

QUESTION

To ask the Minister for Housing; Planning and Local Government the definition of exceptional circumstances when accessing an appeal by a person to the pyrite remediation scheme; and if he will make a statement on the matter.

REPLY

The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency. The pyrite remediation scheme is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website, www.pyriteboard.ie.
The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established, in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol.  In this regard, it is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2.  Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme.  This ensures that, having regard to the available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave.  I have no proposals to amend this eligibility criterion.
Where a dwelling, otherwise not eligible for inclusion in the scheme, adjoins a dwelling already included in the scheme, such a dwelling may be considered in accordance with the exceptional circumstance provisions set out in section 17 of the Act. Section 17 provides that exceptional circumstances may apply where -
- failure to include a dwelling in the scheme may result in damage to that dwelling or damage to the dwelling being remediated under the scheme, or
- pyrite remediation work is causing or may cause damage to a dwelling.
The Housing Agency will consider if exceptional circumstances apply when the Remedial Works Plan is being drawn up and the Board will be informed of any recommendation for a decision on the matter.  To date, no dwellings have been included in the pyrite remediation scheme under the exceptional circumstances provisions of the Act. My Department is in regular contact with the Board and the Housing Agency in relation to the implementation of the scheme and is satisfied with the arrangements that are currently in place, including in relation to appeals.