Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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49. To ask the Minister for Housing, Planning, and Local Government to provide an update on the interim fire safety funding for multi-unit developments. [37146/24]

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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It is almost two years since the Minister, Deputy O’Brien, made a commitment to introduce an interim fire safety remediation scheme for people impacted by Celtic tiger-era defects. That scheme opened almost a year ago. As the Minister knows, it has beset by significant delays, many of which, in my view, are of the Minister’s making. Can the Minister give an update on where the interim scheme is, the total number of applicants and the total number of eligible homes? Crucially, can he confirm whether any multi-unit development will see fire safety work commence and finish before the end of the year?

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The interim fire safety scheme is in place now. It is a complex arrangement. At the outset, I thank the stakeholders and the residents in particular, including the Construction Defects Alliance, the Apartment Owners Network and Not Our Fault, which have engaged in a really constructive manner.

Yesterday, I received Government approval for the priority drafting of the main scheme legislation, the apartment and duplex defects remediation Bill 2024. This Bill will complement the interim measures the Government has already put in place to fund eligible emergency fire safety defect works in order to provide an acceptable level of fire safety in buildings, pending completion of the full remedial works under the statutory scheme.

In this regard, since the interim scheme was launched in December 2023, in the period to the end of August, we received 171 applications from owner management companies, OMCs, which have been validated. That represents more than 17,000 residential units spread across 27 local authority areas and for Members' information, 78% of applicants are in the Dublin area.

My Department works very closely with our stakeholders, particularly our residents, the chief fire officers and the local government sector. In April of this year, we agreed to bring forward pathfinder schemes because we have to work through the process on the interim measures. We selected four appropriate pathfinder projects. They were identified under the scheme. Three of those are situated in the Dublin area involving three local authorities. One of the projects is in Kildare. These projects vary in size and complexity. They will provide and are providing valuable insights across resource identification, standardisation of documents and process efficiencies.

Intense engagement has taken place between the competent professionals acting on behalf of the four owner management companies and the local authority areas. Three of the owner management companies have completed their engagement with the fire services and have received grant agreements to proceed with works.

Subject to validation, payment to OMCs is expected to commence on eligible works before the end of this year. I expect works, particularly on one of the schemes, to start in a matter of weeks. There is no delay or shortfall in the availability of funding to protect the safety and welfare of those living in apartments or duplexes built between 1991 and 2013 with relevant fire safety defects that occurred during construction.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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Like the Minister, I meet many of the affected homeowners and tenants in these properties. They have been enormously frustrated by the significant delays which would have been entirely avoidable had the Minister and his officials taken on board the detailed advice from Dublin Fire Brigade and others last year and early this year, rather than leaving it to the last minute in June, July and August of this year.

I have one follow-up question. Obviously, one challenge to emerge over the summer is that some of the schemes in question require repair to fire safety works that are not defects but are a result of a lack of maintenance by the OMC, often because of deficits in its management fee payments. Has a specific solution been found for that issue to ensure no works are delayed? If a solution has been found, can the Minister outline what that is? My view is the work should proceed and the Department should consider a way to claw back payments under the scheme for non-defects-related works such as fire alarms, etc., that need repair. Can the Minister provide an update on that?

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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First, I reject any assertion there have been delays in bringing this forward. We want to make sure the interim fire defects scheme works for people and residents. That is why I have engaged personally with literally hundreds of residents and their representative groups on this issue. The legislation we agreed yesterday is very important too. It will go to the Oireachtas joint committee in the next Oireachtas. That is one thing on which we differed. Deputy Ó Broin wanted to piggyback on the higher remediation scheme but we now have a new scheme in place. Obviously, the main scheme deals with structural defects, water ingress and fire safety. Fire safety is first based on the fact that they are defects from the time of construction. We have come across maintenance issues. This is why the pathfinder projects are good. In the context where a unit or multi-unit development cannot pay for some fire safety works that relate to maintenance, we are looking at a mechanism to assist them with that and for there to be a potential clawback. The principle has been agreed that this relates to defects at the time of building, not a lack of maintenance. We are working through that.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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With respect to the wider redress scheme, we are very keen to see the general scheme. We will engage on it constructively, as we have done previously. On the basis of the press release the Minister issued, he has made a huge mistake. A grant scheme to owners' management companies to fund very complex remediation works in multi-unit developments is a mistake. If I am reading the press release wrong, the Minister should please correct me, but it seems he is following the flawed methodology of the defective block grant scheme in Donegal, which, as the he knows, is not functioning properly.

The Minister outlined a difference of opinion. He is right that my strong view is that, given the very strong track record of the Pyrite Resolution Board, its remit should have been expanded, with legislation if necessary, to take on this work. Was that option actively considered? Did the Minister meet representatives of the board to discuss it? Can he confirm that he intends to have a grant scheme for OMCs, many of which will not have the capacity or ability to manage very complex procurement and project-management issues related to remediation works far more complex than currently arise, as in the case of defective blocks?

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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We are resourcing the Housing Agency. There is a specific senior programme manager in place in the agency who is managing the applications. We have worked very closely with the OMCs on the applications, being able to seek the correct information and working that through. That is why the pathfinder schemes are so important. We receive applications every single day of the week and continue to have webinars with residents, OMCs and managing agents. I have also engaged with Insurance Ireland and the BFI on this to keep insurers abreast of what is happening.

We did consider tagging onto the Pyrite Resolution Board. I did meet representatives of the board on this. Residents themselves and representative groups rejected the suggestion from Sinn Féin, which was constructive, that there would be an add-on to the pyrite remediation scheme. Everyone agreed that we needed a specific scheme for apartment defects and specific legislation.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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Is it a grant scheme?

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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It was considered. We are going on a whole-of-building basis, and that is the way to do it.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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But is it a grant scheme related to the OMCs?

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Absolutely. We are working through the process for retrospective payments as well.

I gave a commitment when I entered government to address this issue. The three parties of the Government gave a firm commitment to address this issue. Residents' response to our announcements on the works so far have been very positive. I will continue to work with them and all interested Members of the House to ensure the scheme continues to make the progress made already.