← LEADERSHIP TERMINAL

DÁIL ÉIREANN · FORMER

James Browne

Wexford · Fianna Fáil · Ireland

IN THEIR OWN WORDS

I cannot accept amendments Nos. 10 and 11. The interpretation of "lawfully resident" and "habitually resident" is construed in accordance with section 20A, which sets out the new residency requirements for social housing applicants.

SITTING OF 2026-07-14 · READ THE OFFICIAL REPORT

The safety net provision is to be provided by the local authority on a night-to-night basis, and this is to allow local authorities to reassess the circumstances each day to determine whether the safety net should still be provided.

SITTING OF 2026-07-14 · READ THE OFFICIAL REPORT

I cannot accept amendment No. 21. This amendment proposes the introduction of a social housing passport allowing households to transfer between local authority areas while retaining their original waiting list or transfer list position. The amendment as it stands is well-intentioned.

SITTING OF 2026-07-14 · READ THE OFFICIAL REPORT

No one factor is intended to be decisive and it is not necessary for a person to score strongly on all five factors outlined in section 20A(7) in order to get a positive decision. However, the local authority decision-maker must be confident that there is strong evidence that it is the applicant's main centre of interest.

SITTING OF 2026-07-14 · READ THE OFFICIAL REPORT

In relation to Senator McCarthy’s amendment, while it was a very well intentioned and constructed amendment, it has been disallowed. It was not my decision on those matters. I am satisfied the safeguards and safety net are there for those who are not entitled by way of legal or habitual residence.

SITTING OF 2026-07-14 · READ THE OFFICIAL REPORT

In practical terms, if an Irish citizen has severed ties abroad and has decided to return home, the process of establishing habitual residency could be determined from day one.

SITTING OF 2026-07-14 · READ THE OFFICIAL REPORT

The complete record

Every one of 1,384 lines we hold for James Browne, in date order, each linked to its source. Free to read, in full, without an account. Page 13 of 28.

  1. These changes to increase the provision of animal housing under class 6 by 50% and to provide exemptions for stand-alone slurry, effluent and soiled water are particularly important for small and medium-sized farms. I engage regularly with farmers in my own county of Wexford and across the south east. These are very practical and important measures. The increase in the exemption under class 6 will assist small to medium farms with a 300 sq. m shed housing 38 dairy cows or 100 beef cows. The average dairy herd in the country is 90 cows. It is important to note that these exemptions include limitations and conditions, including safeguards for the environment. For example, it is not possible to use these exemptions in a designated flood zone.

    SITTING OF 2025-12-17 · READ THE OFFICIAL REPORT

  2. m to 300 sq. m, increasing the total from 300 sq. m to 450 sq. m;, and providing an exemption for a new class 6A of Part 3 of Schedule 2 comprising stand-alone slurry, effluent and soiled water storage up to 1,000 cu. m subject to a farm limit of 1,500 cu. m. These proposals are being introduced to support increased space per animal and to assist farmers in the better management of farm slurry, effluent and soiled water to assist in protecting water courses and water bodies. While capacity for storage is increased, this is to accommodate existing levels of slurry, effluent and soiled water generated on farms, allowing for better slurry management, including optimal nutrient spreading on land. It is not to allow for increased animal stock density.

    SITTING OF 2025-12-17 · READ THE OFFICIAL REPORT

  3. This information will be published on the Department of housing website. It should be noted that the draft regulation is being prepared under the Planning and Development Act 2000, as amended. This is due to the current provision expiry on 31 December 2025 and the relevant provisions of the Planning and Development Act 2024 not being commenced until 2026. When new exempted development regulations are made under the Act of 2024, the provisions regarding change of use from commercial to residential will be maintained. The draft Planning and Development (Exempted Development (Act of 2000)) (No. 2) Regulations 2025 provide for really important exemptions in relation to agricultural structures. They amend Schedule 2 of the 2001 regulations by increasing the provision of animal housing under class 6 of Part 3 of Schedule 2 by 50%, from 200 sq.

    SITTING OF 2025-12-17 · READ THE OFFICIAL REPORT

  4. This ensures that individuals can avail of the exemption without fear of enforcement as the current provision expires on 31 December 2025. No other elements of the exemption for change of use from vacant commercial to residential are being amended. This is a very important extension. The exemption allowing for the conversion of vacant commercial properties for residential purposes has played a really important role in our villages, towns and cities. It has been quite positive and successful. Up to the end of 2024, the exemption had resulted in 1,457 notifications from developers intending to avail of the exemptions. If fully enacted, this would result in 3,429 new homes across the country. Planning authorities are required to report on the 2025 figures early next year.

    SITTING OF 2025-12-17 · READ THE OFFICIAL REPORT

  5. I move: That Dáil Éireann approves the following Regulations in draft: Planning and Development (Exempted Development (Act of 2000)) Regulations 2025, a copy of which was laid in draft form before Dáil Éireann on 27th November, 2025. I welcome the opportunity to discuss the draft regulations and to set out the rationale and reasoning behind their development. The draft Planning and Development (Exempted Development (Act of 2000)) Regulations 2025 have regard to the existing planning exemption for the change of use of vacant commercial properties to residential use. The draft regulations propose to amend the Planning and Development Regulations 2001, as amended, by extending until 31 December 2028 the provision for change of use from commercial to residential in vacant properties under Article 10(6) of the 2001 regulations.

    SITTING OF 2025-12-17 · READ THE OFFICIAL REPORT

  6. Regarding amendment No. 23, as Senators will be aware, the defective concrete blocks grant scheme information is not a compensation scheme and the charge of order under the defective concrete blocks grant scheme for rental properties is required to help ensure remediated properties remain available to rent once remediation works are completed. Officials in the Department, with the assistance of various stakeholder groups, have worked in recent years with key stakeholders to help to ensure that matters relating to homes affected by defective concrete blocks with mortgages have been addressed. For these reasons, I cannot accept the amendments.

    SITTING OF 2025-12-16 · READ THE OFFICIAL REPORT

  7. I understand the Senators have moved amendment No. 22 to ensure that no homeowner is denied access to the scheme on the basis that their dwelling is not located in a designated local authority area. Section 5 of the principal Act contains a pathway for other local authority areas to gain access to the scheme as required. Indeed, further local authority areas are soon to be designated under the scheme using this pathway. This process has worked for Sligo which was designated under the scheme last year. Subject to Government approval, I will partly designate two further local authorities very shortly. Furthermore, section 51 of the principal Act already contains provisions with timelines to undertake a review of the operation of the Act. This review must begin by July 2026, which is two years after the Act was commenced in 2023.

    SITTING OF 2025-12-16 · READ THE OFFICIAL REPORT

  8. 21 proposes, by way of an insertion to section 47 of the principal Act, that the information obtained by the SEAI cannot be used to reduce grants determined under the principal Act. Again, as set out in amendments Nos. 19 and 20, the amendment contained in the Bill does not relate to reducing grant payments under the principal Act. Rather, the purpose of the amendment in the Bill is to assist the SEAI in ensuring it does not double fund payments made under its energy retrofit scheme. In those circumstances, I cannot accept these amendments.

    SITTING OF 2025-12-16 · READ THE OFFICIAL REPORT

  9. The proposed subsection (3A) in amendment No. 19 states that the purpose should be for administrative verification and not for reducing or offsetting any grant payable under the principal Act. I confirm the amendment contained in the Bill does not relate to reducing grant payments under the principal Act. The purpose of the amendment in the Bill is solely to assist the SEAI in ensuring it does not double fund payments made under its energy retrofit scheme. Similarly, with amendment No. 20, the amendment contained in the Bill does not relate to reducing grant payments under the principal Act. The purpose of the amendment in the Bill is to assist the SEAI in ensuring it does not double fund payments under its energy retrofit schemes. Amendment No.

    SITTING OF 2025-12-16 · READ THE OFFICIAL REPORT

  10. Amendment No. 18 proposes an amendment to mandate the production of an annual report that summarises the technical data that may be held by designated local authorities or the Housing Agency. Information of this nature does not relate to the operation of the grant scheme under the principal Act, and for this reason I cannot support this amendment.

    SITTING OF 2025-12-16 · READ THE OFFICIAL REPORT

  11. This ability is required to ensure, where the appeals board believes it is useful to direct its consideration, that is permitted under the principal Act. Therefore, I cannot accept these amendments.

    SITTING OF 2025-12-16 · READ THE OFFICIAL REPORT

  12. However, for now, I understand the panel is quite rightly concerned about improving the speed with which it can issue decisions to homeowners and is concentrating its efforts on this. Amendment No. 17 proposes to insert a subsection in the Bill to replace subsection (10) in the principal Act. The proposed amendment would modify the text in subsection (10)(b) by removing the requirement of the principal Act in respect of a series of minor errors by the designated local authority or the Housing Agency which, when taken together, amount to a serious or significant error of law. It would also remove the ability of the appeals board to direct the designated local authority or Housing Agency, as the case may be, to reconsider its decisions in accordance with such directions as the appeals board may consider appropriate.

    SITTING OF 2025-12-16 · READ THE OFFICIAL REPORT

  13. Amendment No. 16 proposes to insert a new subsection that mandates the appeals panel to publish certain anonymised information to pertaining to the decisions it makes. I very much want the appeals panel focused on the decision-making process for appellants and to make those decisions as quickly as possible. Statistics around the work of the appeals panel are under review and, where appropriate, will be published in due course. The appeals panel is statutorily independent of the Department and Minister. It is a matter for it, in the first instance, regarding the information it provides. I understand it is open to considering how it communicates its work. The Department stands ready to assist and fund this if required, including, for example, the use of a bespoke appeals process panel website.

    SITTING OF 2025-12-16 · READ THE OFFICIAL REPORT

  14. The charging order under the defective concrete blocks grant scheme for rental properties is required to help ensure remediated properties remain available to rent while remediation works have completed. The addition of a second charging order is to allow designated local authorities to ensure the charged amount matches the total funding provided to homeowners under the grant scheme. As the Bill provides for an increased grant, it may arise that the homeowners receive additional funding over and above the first charged amount. Therefore, this action is necessary for the operation of a second charging order.

    SITTING OF 2025-12-16 · READ THE OFFICIAL REPORT

  15. To reflect this a record amount is being allocated to fund the scheme in 2026. I will conclude by pointing out that the fundamental and important legislative measures contained in this Bill will continue to deliver help and assistance for the many homeowners in the counties affected by the scourge of defective concrete in their homes. I look forward to the contributions from Senators in discussing and debating this Bill. I commend the Bill to the House.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  16. In respect of building regulations, the amendments introduce an additional power under which the Minister for Housing, Local Government and Heritage may make building regulations. Finally, the amendments also change the names of certain building control certificates issued under the Building Control Acts 1990 to 2020 to better reflect their purpose. I place on record my appreciation for the collaboration we have had with members of the Oireachtas housing committee in assisting us in progressing this Bill to this point. It is clear these proposed changes will bring about an improved regulatory environment for the benefit of all stakeholders. More than €235 million has been spent on the DCB scheme to date as more than 3,000 homeowners are at various stages of the scheme. The rate of spending and works completed is accelerating.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  17. In this respect, the amendments provide the building control authority with the power to require the owner or occupier of a building, or any person responsible for the construction of a building, to open up construction works, as may be reasonable in certain circumstances, to be able to ascertain that the relevant requirements of the building regulations in respect of the works have been complied with. The amendments provide for the withdrawal of an enforcement notice and regulation-making powers relating to enforcement notices. The amendments also provide authorised officers of building control authorities with the power to issue a warning letter in respect of compliance with the building regulations or building control regulations, or both, following an inspection they had carried out.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  18. This underpins the strengthening of building control regulations introduced in 2014 in response to the then emerging defects in construction. The amendments also provide a legal remedy for the uncommon situation whereby works which have commenced or been completed in respect of a building without submitting, by either act or omission, an appropriate valid notice to the building control authorities may be regularised. In addition, the amendments provide for the strengthening of enforcement of the building regulations.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  19. Following Committee and Remaining Stages in Dáil Éireann on 10 December, these are now included in the Bill. The Building Control Acts provide for the regulation of the design and construction of buildings in order to ensure the safety, health and welfare of people, within the built environment. In addition, they provide for the making of building regulations and building control regulations and set out the legislative basis for the system of enforcement. The amendments provide explicit powers for the Minister to prevent a building being used until such a time as the particulars of the relevant certificate of compliance on completion have been entered on the register maintained by the building control authority.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  20. The second relates to facilitating owners of certain conjoined homes, for example, semi-detached or terraced homes, to enter the scheme at an earlier time, thus potentially facilitating joint building work. In a number of conjoined dwellings, one dwelling may meet the damage threshold of the grant scheme and the other, although displaying visible signs, may not meet the damage threshold at the time. The amendment allows, in certain situations, for the requirement of a dwelling to meet the damage threshold to be waived in order to facilitate an early grant option and determination by the Housing Agency. On Second Stage of the Bill in the Dáil on 2 December, I signalled my intention to bring forward a number of amendments to the Building Control Acts 1990 to 2020.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  21. Two specific issues around how the DCB scheme operates have come to my attention in recent months, and I included these as additional amendments on Committee Stage. The first relates to allowing an exemption from the general principle of the scheme, that is, that houses be remediated in more or less the exact location as they are now. Noting the difficulties that certain vulnerable relevant owners and family members may face in finding suitable alternative accommodation, this amendment allows the construction of adjacent dwellings in limited circumstances. I think this change will make a real difference to families, for example, whose current homes have been modified to take care of the medical needs of family members.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  22. The Act allows the sharing of certain information with the Sustainable Energy Authority of Ireland by designated local authorities where it is necessary and proportionate. Following a request my Department received from the Sustainable Energy Authority of Ireland, the Bill contains an amendment that will allow it to share information with designated local authorities in order to ensure it does not double-fund payments it makes under its energy retrofit scheme to defective concrete blocks, DCB, scheme applicants. Finally, the retrospective element of the Bill may result in certain applicants receiving additional funding where a designated local authority has created a charging order over their rental property, upon completion of remediation works. The amendment will allow for the creation of a second charge, if required.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  23. The 2022 Act does not allow a person who does not satisfy the definition of a “relevant owner” to become a relevant owner where he or she is or was in a relationship with a relevant owner. It was brought to my attention that this was unfair to certain applicants. The amendment will facilitate this for married couples, those in a civil partnership or cohabiting. The time within which homeowners will be allowed to complete their works is being doubled from 65 weeks to 130 weeks. This is an acknowledgement of the practical challenges many were facing in complying with the existing timeframes. I feel sure that all key stakeholders will welcome it as a practical and helpful measure.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  24. In recognition of the evolving scientific standard underpinning the scheme, relevant owners who were previously given a non-demolition option, namely, options 2 to 5, and who are yet to commence works or ceased works on site as of 6 November 2024, will now be able to apply for a technical review of their determined remediation option and grant amount in line with an expected new IS 465 national standard, which is due for publication, as I understand it, early in 2026. Under the 2022 Act, relevant owners who have reached the maximum scheme grant cap cannot apply for ancillary grants. The amendment contained in the Bill will allow this cohort to apply for ancillary grants while still ensuring the overall total payment to the homeowner remains within the grant scheme allowable amounts.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  25. It will allow relevant owners who incurred qualifying expenditure since 29 March 2024 that was unpaid due to them reaching the maximum scheme cap in place at the time of €420,000 to now be able to apply to their designated local authority to have a new remediation option grant amount determined in line with the increased scheme cap and rates. Upon receipt of this new grant amount, relevant owners will then be able to submit unpaid invoices for consideration and payment to their designated local authority in line with their new grant amount.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  26. Moving on to the contents and structure of the Bill, it contains 28 sections, which I will now turn to in some more detail. The primary provisions are contained in a limited number of sections, namely, sections 7, 8, and 14, with the supporting provisions for these arrangements contained in the other sections. Rather than go through each section individually, I will instead highlight the key elements of the provisions for Senators here today. The most recent increases in the grant scheme cap and rates of up to 10% will now be made available to a wider group of relevant owners and they will be able to apply retrospectively for spending they have incurred.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  27. I thank the Acting Chairperson. I am pleased to have the opportunity to introduce the Second Stage of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Bill 2025 to the Seanad and I thank the Members for facilitating the debate on this very important Bill. As outlined previously, this Bill intends to make amendments to the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022. A number of issues have arisen to date that will be addressed by the amendments while also ensuring that everybody is fairly dealt with and supported. The amendments in this legislation are designed to make more improvements to what is already a comprehensive scheme for impacted homeowners.

    SITTING OF 2025-12-11 · READ THE OFFICIAL REPORT

  28. The text contained in the Bill clearly states that where designated a local authority refuses to make payment of an increased grant that along with notifying the relevant owner of that decision, it will set out the reasons for the refusal. Therefore, I cannot accept these amendments.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  29. Amendment No. 33 proposes to remove the condition that a homeowner may only apply once for payment of an increased grant and this condition is contained in the Bill primarily in recognition of the fact that homes will be remediated under contracts covered by prices set within any 12-month period. It is also placed to reduce the administrative burden on designated local authorities in processing these payments under the Bill and, therefore, it is not necessary to provide for multiple opportunities to submit a claim for payment under this section. Amendment No. 35 proposes a new additional text to the provision in the Bill.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  30. I seek clarity. Amendment No. 27 is not clear to me in what it proposes to amend. Section 8 of the Bill contains a new section 17A. This section 17A does not contain a subsection (4A). In the circumstances I cannot accept the amendment.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  31. I have already explained this. Homeowners who completed remediation works prior to this date were provided for in the first set of scheme caps and rates. They were informed by the Society of Chartered Surveyors of Ireland 2023 cost report. The updated report was to look forward and not to bring in retrospective elements to that. The rates that applied applied to transitional applicants from the previous scheme, often referred to as the 90:10 scheme, when they transferred across, but the inflationary pieces are to look forward.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  32. Homeowners who had completed remediation works prior to this stage were provided for in the first set of scheme cap and rates that were informed by the Society of Chartered Surveyors Ireland 2023 cost report.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  33. Therefore, the additional requirement is not necessary. In any case, it would place an additional administrative burden on designated local authorities and the Housing Agency in processing applications for an increase in remediation option grants and an updated remediation option grant under the Bill. For those reasons, I cannot accept the amendments. As the Deputies are aware and understand, the date of 29 March 2024 was chosen as it is the same date that my Department received the most recent cost report from Society of Chartered Surveyors of Ireland. This cost report informed the work of the expert group in recommending the increase in scheme cap and rates. That included an additional uplift for the passage of time to when they were applied in October and November 2024.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  34. I will address amendments Nos. 22 and 46, tabled by Deputy Charles Ward. Amendment No. 22 proposes that a designated local authority should allow 30 days for an applicant to reply to a request for further information from the designated local authority relating to an application for an increase in the remediation option grant. It then requires a designated local authority to issue a reminder after this period has elapsed and allows a further 14 days for the applicant to respond before it considers the application to be withdrawn. Amendment No. 46 proposes the same follow-up period to be given to an application for an updated remediation option grant where the Housing Agency requests additional information. The Bill allows the form and manner for these requests for further information to be set out in regulations.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  35. A charging order under the defective concrete block scheme for rental properties is required to help to ensure remediated properties remain available to rent once remediation works have been completed. Officials in the Department, with the assistance of various stakeholder groups, have worked over the past four years with key stakeholders to help to ensure matters relating to homes affected by defective concrete blocks with mortgages have been addressed. For these reasons, I cannot accept the amendment.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  36. These amendments address issues relating to semi-detached properties and, in limited circumstances, a provision to construct an adjacent dwelling. I am not, therefore, in a position to accept the amendments. Amendment No. 60 proposes that a report examining various matters is laid before the Oireachtas within three months of the Act coming into operation. The amendment lists the following four headings for inclusion in the report: "international models of defective building compensation"; "the effectiveness and fairness of the charging order system"; "administrative options for reducing long-term homeowner liability without additional Exchequer cost"; and "the impact of the current scheme design on mortgageability and housing mobility". As Deputy Ward is aware, the defective concrete blocks grant scheme is not a compensation scheme.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  37. The amendment lists the following four headings for inclusion in the report: "the operation of the damage threshold"; "the issue of semi-detached properties"; "the issue of side-by-side remediation"; and "the issue of retrospective payments". The damage threshold is an integral part of the defective concrete blocks grant scheme that is necessary to ensure homes with a minimum level of damage can access grant payments under the scheme. The Bill, primarily under sections 8 and 10, includes amendments to the principal Act to provide for the retrospective payments and these will be discussed under amendments Nos. 33 and 35. The two Committee Stage amendments covered under amendments Nos. 20 and 40 have also been brought into the debate.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  38. The defective concrete blocks grant scheme relates to dwellings which are damaged due to the use of defective concrete blocks. Under the defective concrete blocks grant scheme, there are five potential real mediation options, with a bespoke solution potentially required for each affected home and which provide solutions. Therefore, for that reason I cannot accept the amendment. Amendment No. 7 proposes that a report on the barriers to inclusion in the scheme be laid before the Oireachtas within three months of the Act coming into operation that sets out reforms to the defective concrete block grant scheme in order to remove potential barriers.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  39. I will address amendments Nos. 5 to 7, inclusive, tabled by Deputies Ó Broin, Doherty, McGettigan, Conway-Walsh and Mac Lochlainn, and amendment No. 60, tabled by Deputy Ward. On amendment No. 5, as the Deputies are aware the defective concrete blocks grant scheme is a grant scheme of last resort to provide financial assistance to affected homeowners to remediate their homes and move on with their lives. I therefore cannot accept the amendment. Amendment No. 6 proposes that a report on the legislative changes necessary for an end-to-end remediation scheme be laid before the Oireachtas within three months of the Act coming into operation that details the legislative changes required to operate an end-to-end remediation scheme.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  40. The intention behind amendment No. 63 is to give flexibility to the Minister of the day, where new systems are being used, to be able to require additional information through regulations. I think that is reasonable to allow flexibility and not have to bring in amendments, as such. I am happy to accede to the Deputy's’ request that regulations will be brought before the committee for further scrutiny.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  41. 74 proposes a change to the Long Title of the Bill to reflect, in the main, additional matters relating to the amendments to the Building Control Act 1990, namely, “to amend and extend the Building Control Act 1990 to provide for regularisation certificates of compliance on completion in certain circumstances; to change the names of certain certificates issued under that Act; to confer on the Minister for Housing, Local Government and Heritage the power to make regulations relating to enforcement notices; to extend the powers of authorised persons; to provide for the opening up of works in certain limited circumstances; and to provide for related matters”.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  42. The amendment facilitates the provision of information in respect of systems installed in a building in order to provide the end user with the information necessary to support the efficient and effective operation and use of a building after completion. The systems being installed in buildings today were not envisaged when the Building Control Act was written in 1990. As the complexity of what we build increases, so does the need to understand the operation of the systems in order to ensure that buildings can be operated and maintained in accordance with the design intention. As such, the provision of information to an owner of a building at the time of completion will facilitate this when the operation and maintenance becomes important. Amendment No.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  43. I move amendment No. 3: In page 5, between lines 26 and 27, to insert the following: “(3) The Building Control Acts 1990 to 2020 and Part 3 may be cited together as the Building Control Acts 1990 to 2025.”. Amendment No. 3 is a standard provision to allow for the collective citation of the Building Control Acts 1990 to 2025. It refers to Part 3, which is the Part being inserted into the Bill by a later amendment related to the Building Control Acts. Amendment No. 13 defines the key term “Principal Act” used in Part 2. Amendment No. 62 defines the key term “Act of 1990” used in Part 3. Amendment No. 63 provides for the amendment of section 3 of the Building Control Acts. This amendment introduces an additional power by which the Minister for Housing, Local Government and Heritage may make building regulations.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  44. I thank the Deputy. I will respond to amendment No. 1, which proposes to amend the Short Title of the Bill. This amendment would render the Short Title of the Bill incomplete and imply that the Bill relates to other concrete products, not just defective concrete blocks. As the Deputy is aware, the function of the Bill is to amend sections of the principal Act that provide financial assistance to homeowners that have homes damaged by the use of defective concrete blocks. In those circumstances, I therefore cannot accept the amendment.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  45. It may require a higher degree of proof of such compliance, including, if necessary, expensive investigative work which might require building works to be opened up, and would attracted a significantly higher fee structure, reflective of the scale of the building and the amount of works completed at the time of the submission of the regularisation notice. I thank the Deputies for their contributions. I hear their criticism about the rate at which these amendments are being moved. Pre-legislative scrutiny has been carried out in the past. I am glad the Department provided a briefing on it. I understand the Deputies' concerns but these amendments are needed.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  46. The purpose of this motion is to improve the building control regime that is in place to ensure the required standards for building regulations are met. These amendments will make certain that building regulations and building control regulations are further strengthened and clarified to the benefit of all stakeholders. In terms of the proposed regularisation process, the amendments provide for a process of regularisation for the uncommon situation whereby works have commenced or been completed on a building without submitting, by either act or omission, an appropriate, valid notice to the building control authority. This amendment does not intend to create an alternative to the current building control process. The regularisation process would be limited to buildings and works that comply with the building regulations.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  47. I have outlined in detail the proposed amendments to the Building Control Acts and it is clear that these proposed changes will bring about an improved regulatory environment for the benefit of all stakeholders. I ask for the support of Members of the House for the motion to enable these important amendments to be tabled. I will seek to respond to any specific questions and engage further on Committee Stage.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  48. Section 37 amends section 12 of the Building Control Acts to provide the power to a building control authority to make an application to the High Court or to the Circuit Court for an order restricting or prohibiting the use of the building where a certificate of compliance on completion or regularisation certificate of compliance on completion is required, but has not been submitted to the building control authority and placed on the register. Sections 38 and 39 amend references to a fire safety certificate in the Taxes Consolidation Act 1997 and the Multi-Unit Developments Act 2011. I would like to place on record my appreciation for the collaboration we have had to this stage with members of the housing committee in assisting us in progressing this Bill at speed.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  49. This section further amends section 10 of the Building Control Acts by the insertion of a second new section providing the Minister with regulation-making powers relating to enforcement notices. Section 36 amends section 11 of the Building Control Acts to provide authorised officers of building control authorities with the power to issue a warning letter in respect of compliance with the building regulations and-or building control regulations following on from an inspection they had carried out.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT

  50. Section 34 amends section 8, enforcement notice, of the Building Control Acts to provide a building control authority with the power to require the owner or occupier of a building, or any person responsible for the construction of a building, to open up construction works, as may be reasonable in certain circumstances, to be able to ascertain that the relevant requirements of the building regulations in respect of the works have been complied with. Section 35 amends section 10 of the Building Control Acts by the insertion of a new section providing, for the first time, for the withdrawal of an enforcement notice. This amendment provides an administrative procedure consistent with the principles of natural justice while maintaining strong powers of enforcement.

    SITTING OF 2025-12-10 · READ THE OFFICIAL REPORT