Thomas Pringle (Donegal, Independent)
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52. To ask the Minister for Housing, Planning, and Local Government what plans he has to make the defective homes redress scheme accessible for the difficult cases where it is more feasible to build a replacement home beside a defective property and then demolish rather than on the footprint of the damaged house, for example, with a house that has been adapted for a disabled child; and if he will make a statement on the matter. [43260/24]

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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My apologies to Deputy Catherine Connolly who is substituting for Deputy Thomas Pringle. I should have called you before now-----

Catherine Connolly (Galway West, Independent)
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There might have been some fault on our side. I understood it was done. It might have been belatedly.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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The floor is yours.

Catherine Connolly (Galway West, Independent)
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I am taking this question on behalf of Deputy Pringle, who has followed up this issue at every available opportunity but just unfortunately cannot be here at this moment.

My question is what plans the Minister has to make the defective homes redress scheme accessible for the difficult cases where it is more feasible to build a replacement home beside a defective property and then demolish it, rather than on the footprint. I will come back in on the details of what I mean by those exceptional cases.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Gabhaim buíochas leis an Teachta. As the Deputy is aware, the defective concrete blocks, DBC, grant scheme is neither a redress nor a compensation scheme, rather a grant scheme of last resort to enable affected homeowners to remediate homes. The scheme facilitates the remediation of existing houses that have been damaged by the use of defective concrete blocks. The construction of new separate additional houses is not grant funded. The Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 as set down by the Oireachtas provides that exempt development status shall automatically apply to remediation works approved under the grant scheme subject to certain provisions set out in section 28 of the Act. Importantly, remediation works shall only be exempt where, on completion of remediation works, the dwelling house is not inconsistent with or materially different from the appearance and character of the original dwelling. Therefore, it is like for like. However, there is flexibility in terms of footprint of the rebuild and exact rebuild on the footprint is not required, subject to compliance with building regulations and compliance with planning. In such scenarios, homeowners should engage with their competent building professional to consider the possible impact on any energy retrofit work they may be considering and the effect each different footprint may have on such works or associated grants or both.

I know the question Deputy Pringle was tabling relates to housing adaptation for a disabled child. As I understand it from the question, the existing defective house had those housing adaptations and the homeowner wishes to replicate those features in the new build.

Catherine Connolly (Galway West, Independent)
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The Minister of State's understanding goes some way towards the problem but not quite all the way. It arises from a direct letter that he got, and other people are in this position. While I will not mention names, they have a child who is nine years old and who has a severe disability and cannot walk. They met with Senator Nikki Bradley and the ambassador, and have tried all of that. They are asking for the legislation to be amended. The Minister of State quoted policy but I am referring to an exceptional situation. It is very difficult. There are extenuating circumstances, so we are not talking about opening the floodgates. They are asking for the legislation to be amended to allow families to have the option to build side by side with a property that is affected. They have no alternative. They cannot go into a caravan and there is no available property for rent, as we know from the Simon report referred to earlier. The number of properties available for rent throughout the county is minimal. We are talking about extenuating circumstances. We need to change the policy or amend the legislation.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I see what the Deputy is saying. There have been a number of cases like this. Those cases are not uniform and every homeowner has different issues. As I said in the original response, the replication of the house is a like-for-like dwelling. However, given there are significant issues involving a young disabled child, I ask that the Deputy would bring the issues forward to the Department and we can look at what way it might be addressed. I understood from the question that the disabled adaptation already existed in the house and in such a case, replicating the house would be like-for-like, with exactly the features that were in the original house.

Catherine Connolly (Galway West, Independent)
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I see where the misunderstanding is. However, the question concerns building a replacement home “beside” a defective property. What the Minister of State has read out comes straight from the policy and they cannot do that because the scheme does not allow for that. What we are asking on behalf of this family and other families is that we make whatever amendment is necessary, given the extenuating circumstances. I realise this is difficult but it is not anywhere near as difficult as what this family are enduring. They cannot go into a caravan and there is no place to rent. Surely, at some stage, the Government has thought of this. There have been two schemes and the scheme has changed. What consideration has been given to this? What study and analysis have there been? What number of people find themselves in these very difficult situations that are described as extenuating circumstances? That is what I am asking. What has the Department done? What is the solution?

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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As I said, there is flexibility in terms of the footprint.

Catherine Connolly (Galway West, Independent)
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I do not want any more of this misunderstanding. It is side-by-side.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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If the Deputy will furnish the details to the Department, we will look at it. That is the best way I can respond at this stage. As the Deputy said, there are serious considerations. No two cases are alike. Again, we would appreciate it if the Deputy could provide the details and we can then give consideration to it.

Catherine Connolly (Galway West, Independent)
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I am sure Deputy Pringle will do that.