Pyrite Resolution Act 2013

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Application for inclusion in pyrite remediation scheme

15. (1) Subject to subsections (2) and (3), the owner or joint owner of a dwelling to which this Act applies may apply to the Board for that dwelling to be included in the pyrite remediation scheme.

(2) A person who—

(a) on 12 December 2013 owns more than one dwelling, whether or not jointly, or

(b) purchases on or after 12 December 2013, one or more than one dwelling,

may, subject to subsection (3) in the case of a dwelling referred to at paragraph (b), make an application to the Board for inclusion of one only of those dwellings in the pyrite remediation scheme.

(3) Where a person purchases a dwelling on or after 12 December 2013, that person shall not be entitled to apply for inclusion of the dwelling in the pyrite remediation scheme where they knew or ought to have known that the dwelling was constructed using hardcore containing reactive pyrite.

(4) Subsections (2) and (3) shall not apply where the applicant is a body corporate (whether a corporation aggregate or a corporation sole) or an unincorporated body of persons and—

(a) one of its principal objects is the provision of social housing, and

(b) on the day of the making of the application under this section it is entitled to an exemption under section 207 or 208 of the Taxes Consolidation Act 1997 and a number (commonly referred to as a CHY number) stands issued by the Revenue Commissioners for the purposes of that exemption.

(5) An application under this section shall—

(a) be in writing in the form, which may include electronic form, specified by the Board,

(b) specify the name of the applicant and the address at which he or she ordinarily resides,

(c) specify the address of the dwelling to which the application relates,

(d) in relation to the dwelling to which the application relates, contain the report of the competent person who carried out the building condition assessment,

(e) contain details of any steps taken by or on behalf of the applicant to secure remediation of significant pyritic damage or compensation for that damage, and

(f) contain such other information as may be specified by the Board under the terms and conditions of the pyrite remediation scheme.

(6) A member of staff of the Board, who shall, for the purposes of the application, be and be called the “decision maker”, shall consider the application under this section and shall either—

(a) refer the application to the Housing Agency, or

(b) refuse the application,

and shall notify the applicant of its decision, not later than 21 days from the making of the decision.

(7) In considering the application under this section, the decision maker shall consider information submitted by the applicant and may request further information on all or any of the following:

(a) the extent to which the dwelling the subject of the application is covered by structural warranty insurance, structural warranty guarantee or other form of insurance;

(b) whether a claim has been made under any such structural warranty insurance, structural warranty guarantee or other form of insurance and the outcome of any such claim;

(c) whether legal proceedings have been initiated or concluded in relation to damage to the dwelling arising out of or in connection with pyritic heave, by or on behalf of the applicant, and, if concluded, the outcome of the legal proceedings.

(8) A notification under subsection (6)(b) shall include reasons for the decision and shall advise the applicant that he or she may appeal the decision within 28 days to the Board.