S.I. No. 347/2023 - Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Regulations 2023

1. Please set out in the table below the following details

(a) Date notification received from the designated local authority;

(b) The section of the Act that you wish to rely on for your appeal; and

(c) The grounds upon which the appeal is made.

If you require additional pages please append to this form.

2. Please include with this notice any further documentation in support of your appeal. Please note only documents which were previously submitted to, and considered by, the designated local authority or the Housing Agency should accompany this notice of appeal.

3. If providing further documentation under point 2, please list the documents in the table below.

If you require additional pages please append to this form.

This appeal must be lodged with the Appeals Panel, the following address, not more than 28 days after receipt of the notification of the decision

Defective Concrete Blocks Appeals Panel,

c/o The Department of Housing, Local Government and Heritage,

Custom House,

Dublin 1.

Signed

Dated

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

29 June, 2023.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

29 June, 2023.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(

This note is not part of the instrument and does not purport to be a legal interpretation

).

The purpose of these Regulations is to provide for all matters within the

Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

which are to be, or may be, prescribed by the Minister. The Act provides for an enhanced scheme of financial assistance to owners to carry out the necessary remedial works to dwellings that have been damaged due to defective concrete blocks further to the application of I.S. 465:2018.

1 OJ No. L 119, 04.05.2016, p. 1.

2 An application for a second grant may be made within the period of 40 years beginning on the date of the Letter of Assurance.

1 OJ No. L 119, 04.05.2016, p. 1.

2 An application for a second grant may be made within the period of 40 years beginning on the date of the Letter of Assurance.

1 To be completed by the designated local authority in whose administrative area the relevant dwelling is located. Footnote to be removed by designated local authority before issue.

4. Applicant’s Address (if different to address of relevant dwelling)

5. Eircode (if different to address of relevant dwelling)

Part 2

Notification of recovery of payment

As relevant owner of the relevant dwelling named at Question 1 in Part 1, you are hereby notified under Section 27(1) of the Act of intention of recovery by [

Insert name of designated local authority

] of payment/payments totaling [

Insert amount

] previously made to you under Section 18 of the Act.

The following circumstances have arisen to effect recovery of this payment

[

designated local authority to set out reasons here, in line with circumstances set out in Section 27(2) of the Act

]

The amount set out above is required to be paid to [Insert name of designated local authority] within 21 days of the date of this notice.

If the amount stated above is not paid to, and received by, [

Insert name of designated local authority

] within 21 days of this notice it shall be recoverable by [Insert name of designated local authority] from you as a simple contract debt in any court of competent jurisdiction.

________________________

If you wish to make a representation against this notification you must clearly set out your reasons in writing and submit them to [

Insert name of designated local authority

] within 28 days of the date of this notice.

____________________

[

Insert signature of relevant staff member of designated local authority

]

SCHEDULE 15

Regulation 24

Remediation of Dwellings Damaged by the Use of Defective

Concrete Blocks Act 2022 (“the Act”)

Notice of Appeal form to be completed under section 39(1) of the Act

The form specified in this schedule is prescribed for the purposes of making an appeal following a decision by a local authority under Section 13(7)(b), 15(1)(b), 16(4) and subsections (7), (8) and (9) of Section 18 of the Act.

Part A

Appellant’s Details

Name

Address

Eircode

Email Address

Contact Phone Number

Personal Public Service Number (PPSN)

Tax Clearance Access Number

Relevant Dwelling Address and Eircode the subject of this appeal if different to the applicant’s address

Part B

6. Previous Applicant’s Address (if different to address of relevant dwelling)

7. Eircode (if different to address of relevant dwelling)

8. Previous application Unique Reference No

Part 3

New Applicant’s Details

(The individual who inherited, or will inherit, the relevant dwelling)

9. Applicant’s Name

(a) proof of identity of the applicant is required, such proof being, a copy of

(i) a valid passport, or

(ii) a valid driving license, or

(iii) a Public Service Card issued by the Department of Social Protection

10. Applicant’s Address (if different to address of relevant dwelling)

11. Eircode (if different to address of relevant dwelling)

12. Email Address

13. Contact Phone Number

14. Personal Public Service Number (PPSN)

15. Tax Clearance Access Number

Part 4

Ownership of Relevant Dwelling

16. Do you wish to be considered the relevant owner of the relevant dwelling for the purposes of the Act?

Yes No

17.

If you answered ‘Yes’ to Question 16

(a) Proof that the applicant is entitled to own the relevant dwelling is required, such proof being-

(i) a copy of title deed for the relevant dwelling (in new applicant’s name),

(ii) a registration of title (in new applicant’s name),

(iii) a copy of the Grant of Probate or Letters of Administration,

(iv) other legal documents proving beneficial interest in the relevant dwelling.

17. Are you the owner of the relevant dwelling?

Yes No

18.

If you answered ‘Yes’ to Question 17

(a) Proof that the applicant is the owner of the relevant dwelling is required, such proof being-

(i) a copy of title deed for the relevant dwelling,

(ii) a registration of title,

(ii) other legal documents proving proof of ownership.

18. On what date did/will you become the owner of the relevant dwelling?

Date: ..................................

19. Are there/will there be other joint owners of the relevant dwelling?

Yes No

20.

If you answered ‘Yes’ to Question 19

Where the applicant is/will be a joint owner of the relevant dwelling, the person(s) other than the applicant

consent to the following

(a) to the inclusion of the relevant dwelling in the Act for the payment of grants; and in particular

(b) to the making by the applicant of this application and any such further applications for grant approval and payment of grant;

as may be applicable in respect of the dwelling concerned.

(i) Print Name:______________ Signature:______________ Date:______

(ii) Print Name:______________ Signature:______________ Date:______

(iii) Print Name:______________ Signature:______________ Date:______

(iv) Print Name:______________ Signature:______________ Date:______

Part 5

Principal Private Residence

20. Are there other joint owners of the relevant dwelling?

Yes No

21.

If you answered ‘Yes’ to Question 20

Where the applicant is a joint owner of the relevant dwelling, the person(s) other than the applicant

consent to the following

(a) to the inclusion of the relevant dwelling in the Act for the payment of grants; and in particular

(b) to the making by the applicant of this application and any such further applications for grant approval and payment of grant;

as may be applicable in respect of the dwelling concerned.

(i) Print Name:_____________ Signature:______________ Date:_______

(ii) Print Name:_____________ Signature:______________ Date:_______

(iii) Print Name:_____________ Signature:______________ Date:_______

(iv) Print Name:_____________ Signature:______________ Date:_______

Principal Private Residence

21. Is/will the relevant dwelling (be) your principal private residence?

Yes No

22.

If you answered ‘Yes’ to Question 21

, you will be required to provide

at least two

of the following, as supporting documents

• details on Register of Electors;

• bank statement - dated within the last 6 months;

• a current car or home insurance policy that shows your address;

• a document issued by a Government Department that shows your address;

• a copy of your Tax Credit Certificate (TCC);

• a Statement of Liability (previously P21) from Revenue;

• a social insurance document (that shows your address).

22. Is the relevant dwelling your principal private residence?

Yes No

23.

If you answered ‘Yes’ to Question 22,

you will be required to provide at

least two

of the following, as supporting documents

• details on Register of Electors;

• bank statement - dated within the last 6 months;

• a current car or home insurance policy that shows your address;

• a document issued by a Government Department that shows your address;

• a copy of your Tax Credit Certificate (TCC);

• a Statement of Liability (previously P21) from Revenue;

• a social insurance document (that shows your address).

23. Is the relevant dwelling currently occupied by you?

Yes No

24. If No, please state reasons

Part 6

Residential Tenancy

25. Are you the landlord of a dwelling, which dwelling stood registered in the Residential Tenancies Board Register on or before 1 November 2021?

Yes No

26.

If you answered ‘Yes’ to Question 25

, you

must provide proof of tenancy

with your application. We will accept a certificate of registration in the residential tenancies register (including details of registered landlord number and registered tenancy number);

27.

If you answered ‘Yes’ to Question 25

, have you submitted an application for a remediation grant in respect of any other dwelling that you are a landlord of the registered tenancy?

Yes No

28.

If you answered ‘Yes’ to Question 25

, you

must provide the following

, as supporting documents;

• a certificate of registration in the residential tenancies register (including details of registered landlord number and registered tenancy number);

• a copy of your Tax Credit Certificate (TCC);

• a Statement of Liability (previously P21) from Revenue;

Part 7

Applicant’s Declarations – Please tick, as appropriate

26. Are you the landlord of a dwelling, which dwelling stood registered in the Residential Tenancies Board Register on or before 1 November 2021?

Yes No

27.

If you answered ‘Yes’ to Question 26

, you

must provide

the following, as supporting documents;

• a certificate of registration in the residential tenancies register (including details of registered landlord number and registered tenancy number);

• a copy of your Tax Credit Certificate (TCC);

• a Statement of Liability (previously P21) from Revenue.

28.

If you answered ‘Yes’ to Question 26

, have you submitted an application for an ancillary grant in respect of any other dwelling that you are a landlord of the registered tenancy?

Yes No

Part 2

Ancillary Grant

Ancillary grants are calculated in accordance with the Remediation Option grant under Section 10 of the Act, the total amount of a Remediation Option Grant and an ancillary grant shall not exceed the amount of €420,000.

Alternative Accommodation

Section to be completed where the applicant (relevant owner) must pay for accommodation alternative to the relevant dwelling where-

(a) the relevant dwelling is no longer habitable due to damage caused by defective concrete blocks in construction or

(b) the alternative accommodation is necessary during the carrying out of a remediation option under the Act.

Please complete the following details and submit a schedule of costs in support of application for alternative accommodation

27. (a) Have you been approved and received payment for Ancillary Grant Payments under the Act?

Yes No

(b)

If you answered Yes to Question 27(a)

, please complete the following table setting out the payment received from the designated local authority for costs incurred for each Ancillary Grant option.

Ancillary Grant Options

Amount of Ancillary Grant received to date (where applicable)

Cost

Storage

Alternative Accommodation

Immediate Repairs

Total

Note

: Ancillary grants are calculated in accordance with the Remediation Option grant under Section 10 of the Act of 2022, the total amount of a Remediation Option Grant and an ancillary grant shall not exceed the amount of €420,000.

Competent Building Professional

(Section to be completed by the Applicant)

28. Competent Building Professional Details or Engineer’s Name

29. I declare that I have a beneficial interest in the relevant dwelling that is the subject of this notification.

Yes No

30. I give my consent to inspection of the relevant dwelling by a suitably qualified person, authorised in that regard by the Housing Agency or relevant local authority, at such time or times as the Housing Agency or relevant local authority may consider necessary.

Yes No

31. I give my consent for the local authority to share information with the Housing Agency and any other public body for the purposes of assessment of the remediation option grant.

Yes No

32. Has an application previously been made under the

Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

or the previous scheme (S.I. 25 of 2020) in respect of the relevant dwelling subject of this application?

Yes No

33.

If you answered ‘Yes’ to Question 32,

you

must provide proof

of your previous application

(a) Application Reference Number (from previous application)

(b) You

must submit

a copy of any previous application under the

Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

or the previous scheme (S.I. 25 of 2020), with this notification.

33. Engineer’s Contact Phone Number

34. Have you/joint owner(s) or any other person who has a legal or beneficial interest in the dwelling received a payment e.g. insurance, compensation etc., in respect of damage to the relevant dwelling arising out of, or in connection with, the use of defective concrete blocks in its construction?

Yes No

35.

If you answered ‘Yes’ to Question 34

, please specify the amount of the payment made to you/joint owner(s)

€

35. Please provide a description of the Storage Facility

36. Have you/joint owner(s) or any other person who has a legal or beneficial interest in the dwelling made a claim against a person arising from damage to the dwelling caused by the use of defective concrete blocks in its construction?

Yes No

37.

If you answered ‘Yes’ to Question 36

, you must provide details of the/these claim(s) below

37. Please provide the monthly Cost of the Storage Facility (including VAT)

38. Where a payment otherwise than under the Act, is made to or for my benefit or any other person who has a legal or beneficial interest in the dwelling in respect of damage to the relevant dwelling subject of this application, arising out of or in connection with defective concrete blocks, I will notify the relevant local authority of the details of the payment, and the amount thereof, within 28 days of the making of that payment.

Yes No

39. Where I have received or receive in the future, a non-scheme payment otherwise than under the Act, made to or for my benefit in respect of damage to the relevant dwelling subject of this application, arising out of or in connection with defective concrete blocks, I confirm that I will refund the local authority the lesser of the following

• total payments made by the local authority under the Act;

or

• the amount equal to the non-grant payment(s)

Yes No

40. I confirm that, Local Property Tax (LPT) affairs are in order and I consent to the verification of my LPT compliance by the local authority.

Yes No

41. I confirm that, to the best of my knowledge, my tax affairs are in order and I consent to the verification of my tax compliance by the local authority.

Yes No

42. I confirm that I have not received a payment under the Act in respect of another dwelling (except in the event of a tenancy under Section 25(4) of the Act).

Yes No

43. I confirm that I intend to reside in the relevant dwelling as my principal private residence, following completion of the remedial works (except in the event of a tenancy under Section 25(4) of the Act).

Yes No

44. I confirm that, as landlord of the relevant dwelling, should I dispose of this dwelling or that I cease to be a landlord registered on the residential tenancies register, that I consent to a charge being made on the relevant dwelling in favour of the local authority under charging order provisions (Section 31(1) of the Act).

Yes No

45. Declaration

I, the undersigned, declare that the information provided in, and attached to this form is true, complete and not misleading.

Signed.................................................

Date....................................................

Part 8

Data Protection

Any personal data you provide will be processed in accordance with the Data Protection Acts 1988 to 2018 and the General Data Protection Regulation (GDPR). A Privacy Notice explaining how your personal data will be used, and information on your rights as a data subject, is available from your Local Authority.

46. Applicant’s Signature

47. Date

48. Print Name

SCHEDULE 14

Regulation 22

Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (“the Act”)

Notification to be completed under section 27(1) of the Act

The form specified in the schedule is prescribed for the purposes of notification, by the designated local authority to the relevant owner, of recovery of payment previously made to the relevant owner under Section 18 of the Act where the following circumstance(s) has/have arisen

(a) the relevant owner fails to provide a certificate of remediation to the designated local authority under Section 18 of the Act;

(b) the designated local authority determines that—

(i) the relevant owner has not complied with a condition of the remediation option grant referred to in Section 17(8) of the Act, or

(ii) it has made a payment to the relevant owner which it would not have made but for the submission of information to the designated local authority by the relevant owner which he or she knew to be false or misleading, or in relation to which he or she was reckless as to whether it was false or misleading;

(c) the relevant owner refuses notwithstanding the consent referred to in Section 13(2)(a)(xi) of the Act to consent to entry to the relevant dwelling by an authorised officer of the designated local authority or the Housing Agency for the purposes of the Act;

(d) the relevant owner has been deemed to have knowingly submitted false and misleading information;

(e) the relevant owner is convicted of an offence under Section 52(1) of the Act.

Insert Date Here

Part 1

Relevant Owner Name and Address Details

1

49. Where I have received or receive in the future, a non-scheme payment otherwise than under the Act, made to or for my benefit in respect of damage to the relevant dwelling subject of this application, arising out of or in connection with defective concrete blocks, I confirm that I will refund the local authority the lesser of the following

• total payments made by the local authority under the Act;

or

• the amount equal to the non-grant payment(s)

Yes No

50. I confirm that, Local Property Tax (LPT) affairs are in order and I consent to the verification of my LPT compliance by the local authority.

Yes No

51. I confirm that, to the best of my knowledge, my tax affairs are in order and I consent to the verification of my tax compliance by the local authority.

Yes No

52. I confirm that I have not received a payment under the Act in respect of another dwelling (except in the event of a tenancy under Section 25(4) of the Act).

Yes No

53. I declare that, to the best of my knowledge, the information provided within this application and with this application form is true and is in no way misleading.

Signature: ____________________________

Date: ________________________________

Data Protection

Any personal data you provide will be processed in accordance with the Data Protection Acts 1988 to 2018 and the General Data Protection Regulation (GDPR). A Privacy Notice explaining how your personal data will be used, and information on your rights as a data subject, is available from your Local Authority.

54. Applicant’s Signature: __________________

55. Date: ____________________________

56. Print Name: _______________________

Unique Reference No

Addendum to Application for Ancillary Grant with respect to recurring costs for Alternative Accommodation

Applicant’s Name

Applicant’s Address

Type of Alternative Accommodation

Address and Eircode of Alternative Accommodation

Please complete the following table and state the vouching document that you are submitting in support of your claim for accommodation costs

Ancillary Grant

Monthly Cost (€)

Amount Claimed to date (€)

Vouching Document

Alternative Accommodation

Period Claim relates to

A vouching document in the form of a receipt including VAT in respect of alternative accommodation one of the following must be submitted in support of your claim

If a vouching document is not available, a statement outlining the costs relating to the previous month must be submitted.

SCHEDULE 13

Regulation 20

Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (“the Act”)

Notification of change of relevant owner form to be completed under section 24(1) of the Act

The form specified in the schedule is prescribed for the purposes of notification of the designated local authority by the legal personal representative of the relevant owner of the death of the relevant owner after the making of a decision under Section 13(7) of the Act, and to notify the designated local authority that a person who has inherited or will inherit the dwelling wishes to be considered the relevant owner of the dwelling for the purposes of the Act.

The dwelling -

(a) must be constructed or acquired prior to 31st January 2020, and

(b) must not be an unauthorised structure.

The completed form should be submitted to the designated local authority in whose administrative area the dwelling is located.

Please complete form in block letters

Applicants are asked to complete all parts of this form

Part 1

Relevant Dwelling Details

57. I confirm that I have not received a payment under the Act in respect of another dwelling (except in the event of a tenancy under Section 25(4) of the Act).

Yes No

58. I confirm that the dwelling, subject of this application, has not previously received a confirmation of grant approval.

Yes No

59. I confirm that I intend to reside in the relevant dwelling as my principal private residence, following completion of the remedial works (except in the event of a tenancy under Section 25(4) of the Act).

Yes No

60. I confirm that, as landlord of the relevant dwelling, should I dispose of this dwelling or that I cease to be a landlord registered on the residential tenancies register, that I consent to a charge being made on the relevant dwelling in favour of the local authority under charging order provisions (Section 31(1) of the Act).

Yes No

61. Declaration

I, the undersigned, declare that the information provided in, and attached to this form is true, complete and not misleading.

Signed.................................................

Date....................................................

Part 3 (b) -

Data Protection

Any personal data you provide will be processed in accordance with the Data Protection Acts 1988 to 2018 and the General Data Protection Regulation (GDPR). A Privacy Notice explaining how your personal data will be used, and information on your rights as a data subject, is available from your Local Authority.

62. Applicant’s Signature

63. Date

64. Print Name

SCHEDULE 6

Regulation 14

Remediation of Dwellings Damaged by the Use of Defective Concrete

Blocks Act 2022 (“the Act”)

Interim Valuation Certificate to be completed pursuant to section 18(2)(a) of the Act

The form specified in the schedule, part A shall be completed by a competent building professional or where the remediation option is the demolition of the relevant dwelling, a competent engineer, and describe the works completed since the date of commencement of works notified to the local authority under Section 19(2) of the Act or where a previous interim valuation has been provided since the date of that previous interim certificate.

The dwelling must be –

(a) the applicant’s principal private residence or, alternatively, the applicant is a landlord of a tenancy in the relevant dwelling,

(b) the dwelling was constructed/acquired prior to 31st January 2020, and

(c) the dwelling is not an unauthorised structure.

The completed form should be submitted to the designated local authority in whose administrative area the dwelling is located.

Part A

(To be filled out by a competent building professional

1

)

Competent Building Professionals Details

Building Professionals Name:__________________________

Registration Number:________________________________

Building Professionals Employer (if different):_____________

Address:__________________________________________

Email Address:_____________________________________

Contact Phone Number:______________________________

Tax Reference Number:______________________________

Tax Clearance Access Number:________________________

NOTE: Where the building professional is to perform their role, for or on behalf of, an employer or partnership, the employer’s or partnership’s tax details should be supplied and not those of the individual building professional.

Remediation Option

2

______________________________________________________________________________________________________________________________

Payment Details

The total cost for which this Interim Valuation Certificate relates: __________

Total Value of Remediation Option Grant (A)

Payment Stage

Amount of Grant Received to Date (B)

Payment Required per Interim Valuation Cert (C)

Professional Fees per Interim Valuation Cert

Contractor Fees per Interim Valuation Cert

Remaining Balance (A-B-C)

Competent Building Professionals Declarations

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

7

th July,

2023.

CONTENTS

Regulation

PART 1

PRELIMINARY AND GENERAL