Pyrite Resolution Act 2013

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Pyrite remediation scheme

14. (1) The pyrite remediation scheme shall include the terms and conditions applicable to that scheme.

(2) Without prejudice to the generality of subsection (1), the pyrite remediation scheme shall provide for all or any of the following matters:

(a) the criteria to be fulfilled by an applicant in order that a dwelling owned by that applicant shall be eligible for inclusion in the pyrite remediation scheme (in this Act referred to as the “eligibility criteria”);

(b) limits on the amounts, in respect of pyrite remediation or any element thereof, that may be expended on any dwelling;

(c) requirement of compliance with the standard for testing to determine presence of significant pyritic damage in any dwelling;

(d) requirement of compliance of pyrite remediation in any dwelling with the standard for remediation;

(e) the limits on the amounts recoverable by a scheme participant in respect of—

(i) vouched costs incurred by that scheme participant, or

(ii) costs that are demonstrated, to the satisfaction of the Board, as to be incurred by that scheme participant,

in relation to the following:

(I) cost of the building condition assessment;

(II) in relation to the pyrite remediation of the scheme participant’s dwelling—

(A) accommodation expenses, or

(B) expenses relating to the removal and storage of furniture, or

(C) a combination of expenses referred to in clause (A) or (B),

incurred during the course of works on the dwelling;

(f) the circumstances in which the costs referred to in paragraph (e)(ii) may be paid in advance;

(g) the scope of works that may be carried out on any dwelling;

(h) the conditions to be complied with by an applicant for inclusion or by a scheme participant for continued inclusion in the pyrite remediation scheme;

(i) the arrangements between the applicant and the Board for the giving of consent by the applicant, to the institution by the Board of any civil proceedings proper to be instituted relating to loss arising from the act or default of any person, that causes significant pyritic damage to the dwelling of the applicant;

(j) the arrangements in relation to the procurement of consultants, contractors and services;

(k) the arrangements for the oversight and audit of expenditure;

(l) the certification of pyrite remediation;

(m) the criteria to be applied in order to determine priority as between different dwellings;

(n) the terms for the payment of moneys in respect of the pyrite remediation scheme and the variation of such terms;

(o) the preparation and maintenance of documentation and records of the Board and the Housing Agency as appropriate;

(p) the form and manner of application for inclusion in the pyrite remediation scheme under section 15 ;

(q) the information to be furnished with an application for inclusion in the pyrite remediation scheme under section 15 , the form of such information and the manner of its verification.

(3) The Board in determining the eligibility criteria shall have regard to—

(a) the number and geographic spread of incidents of significant pyritic damage,

(b) the overall severity of damage attributable to pyritic heave in dwellings,

(c) the availability of practicable options, other than under the pyrite remediation scheme or through use of the resources of the applicant, for persons affected by significant pyritic damage that, if availed of, would enable such persons to remediate or secure the remediation of their dwelling,

(d) the resources (including financial resources) available or likely to be available to the Board for the purpose of implementing the pyrite remediation scheme, and

(e) such other matters as the Board considers appropriate, having regard to the functions of the Board.

(4) Without prejudice to the generality of subsection (2), the Board, in making the pyrite remediation scheme and after taking account of the matters referred to in paragraphs (b) and (d) of subsection (3) may exclude from the pyrite remediation scheme dwellings with a damage condition rating of 1 (with progression), consistent with pyritic heave.

(5) Without prejudice to the generality of subsection (2), the Board, having regard to the need to secure the most beneficial, effective and efficient use of the funds available to the pyrite remediation scheme, may arrange dwellings into groups for the purpose of a programme of pyrite remediation and, in so arranging, shall have regard to the availability of funding, the distribution and overall severity of significant pyritic damage and such other factors as the Board may consider relevant.

(6) In any proceedings referred to in subsection (2)(i)—

(a) an order may be made for the payment of—

(i) damages to the Board, or

(ii) costs to or by the Board,

(b) no account shall be taken of the inclusion of the dwelling of the applicant in the pyrite remediation scheme or any pyrite remediation of the dwelling carried out under the scheme, and

(c) the Board may institute the proceedings on its own behalf or on behalf of the applicant.

(7) In relation to a dwelling that has been included in the pyrite remediation scheme, the Board, where it has been advised by a competent person that the dwelling is or may be affected by an emergency, may, as an exception to the pyrite remediation scheme, give a direction to the Housing Agency to prioritise the carrying out of pyrite remediation of that dwelling.

(8) Where a dwelling affected by pyritic heave is or has been remediated other than in accordance with the pyrite remediation scheme, the costs of remediation and any associated costs shall not be refundable under this Act.

(9) The Minister following consultation with the Board—

(a) having considered any revision or replacement by the National Standards Authority of Ireland of the Irish Standard 398-1:2013 Reactive pyrite in sub-floor hardcore material — Part 1: Testing and categorisation protocol, published by the National Standards Authority of Ireland may prescribe amendments to, revisions of or replacements of the standard for testing, or

(b) having considered any revision or replacement by the National Standards Authority of Ireland of the Irish Standard 398-2:2013 Reactive pyrite in sub-floor hardcore material — Part 2: Methodology for remediation works, published by the National Standards Authority of Ireland may prescribe amendments to, revisions of or replacements of the standard for remediation.