Change to draft laws could speed up ‘life-saving’ works in defective apartments

Recommendations made in Oireachtas committee report on scheme to remediate defective apartments and duplexes

The report recommends that Minister for Housing James Browne seek a derogation from public procurement rules governing the purchase of urgent fire-safety work. Photograph: Conor Ó Mearáin/Collins Photo Agency
The report recommends that Minister for Housing James Browne seek a derogation from public procurement rules governing the purchase of urgent fire-safety work. Photograph: Conor Ó Mearáin/Collins Photo Agency

Draft laws should be amended to give a carve-out to public procurement rules so “life-saving” safety systems can be installed in defective apartment blocks, the Oireachtas Committee on Housing has recommended.

A report from the committee, on legislation enabling a multibillion-euro scheme to remediate defective apartments and duplexes, was published on Thursday. The number of defective apartments and duplexes is estimated to run to 100,000 units.

The cost to the exchequer of addressing the issues has been estimated at between €1.5 billion and €2.5 billion, with limited or no recourse to the companies that built the units during the Celtic Tiger era.

The committee recommended that the legislation, published by the previous government, be expedited so the full remediation scheme can open for applications by the end of this year.

It also recommends that Minister for Housing James Browne seek a derogation from public procurement rules governing the purchase of urgent fire-safety work. This is to address “threat to life” remediation issues such as fire-alarm systems.

Such works can be funded under an interim scheme developed to bring complexes up to an acceptable level of safety while they await full remediation. However, it has been slow to get under way, with works approved for just three developments 23 months after it was established. Campaigners say even in light of some improvements already made to the scheme, it is taking too long.

The Construction Defects Alliance, which campaigns on behalf of impacted homeowners, said a derogation would speed up installation of vital alarm systems.

Group spokesman Pat Montague said the application of public procurement rules was a major factor in the time it is taking to process such applications.

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“The alliance hopes the Government will agree to a public procurement derogation as such a decision would massively speed up the application process – and the installation – of vital, life-saving smoke and fire detectors and alarm systems,” he said. “Without such a decision, we are fearful of what the future might hold for residents in apartment complexes where fire safety is compromised.”

Committee chair Micheál Carrigy TD said the report’s recommendations focused on providing support for residents and the owners’ management companies responsible for maintaining apartment developments, as well as ensuring urgent works are expedited.

The recommendations, he said, would “strengthen the draft legislation, without delaying its completion and passage through the Oireachtas”.

Sinn Féin housing spokesman Eoin Ó Broin, a committee member, said the current legislation is not fit for purpose and replicates “all the mistakes of the broken defective-concrete-block grant scheme”.

“It needs substantial amendment if it is to provide 100 per cent redress for all those impacted by light-touch regulation and shoddy building work.”

He added: “This report will be the litmus test against which owners and tenants in defective homes will judge the legislation when published.”

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The report, which had unanimous support from committee members, makes 19 recommendations in total, including that Mr Browne should consider whether an “end-to-end” scheme, similar to the Pyrite Resolution Board or the currently proposed grant scheme, is appropriate.

It also says consideration should be given to prioritising fire-safety works on the basis of a risk to life rather than a risk to property. It says funds should be advanced to management companies that do not have the money to cover maintenance issues and recouped from owners on an interest-free basis.

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Jack Horgan-Jones

Jack Horgan-Jones

Jack Horgan-Jones is a Political Correspondent with The Irish Times