The number of appeals under the exceptional circumstances clause that have been granted by the Pyrite Remediation Board since its inception.

QUESTION　


To ask the Minister for Housing; Planning and Local Government the number of appeals under the exceptional circumstances clause that have been granted by the Pyrite Remediation Board since its inception; and if he will make a statement on the matter.　

REPLY　


　
　
The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite Resolution Board for certain dwellings affected by significant pyrite damage.  The Pyrite Resolution Board, with the support of the Housing Agency, is responsible for the implementation of the pyrite remediation scheme.  The pyrite remediation scheme is a scheme of “last resort” 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 available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave.  　
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; the Board will be informed of any recommendation for a decision in the matter.  As matters currently stand, no dwellings have been included in the pyrite remediation scheme under the exceptional circumstances provisions of the Act.