Pyrite Resolution Act 2013
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Application of Act | ||
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3. (1) This Act shall apply to the following classes of dwellings, which are used or suitable for use by a person as a place to reside: | ||
(a) houses; | ||
(b) apartments; | ||
(c) duplexes; | ||
(d) maisonettes. | ||
(2) This Act shall also apply to a structure, area or service of a building comprising apartments, duplexes or maisonettes (or any combination of such dwellings) common to any two or more of such dwellings (in this section referred to as a “common area”). | ||
(3) This Act shall not apply to a garage, car park, garden, patio or other structure not used for human habitation, unless the Board is satisfied that failure to include the structure concerned in the pyrite remediation scheme may result in damage to a dwelling— | ||
(a) that has been included in the pyrite remediation scheme, or | ||
(b) in relation to which a recommendation has been made by the Housing Agency under section 16 (2)(a). | ||
(4) This Act shall not apply to buildings, other than buildings comprising apartments, duplexes or maisonettes (or any combination of such dwellings), that provide multi-occupancy accommodation under specific conditions, including, but not limited to, nursing homes, boarding schools, hotels and hostels. | ||
(5) This Act shall not apply to dwellings or common areas owned by the following: | ||
(a) a Minister of the Government; | ||
(b) the Office of the President; | ||
(c) the Office of the Attorney General; | ||
(d) the Office of the Comptroller and Auditor General; | ||
(e) the Office of the Houses of the Oireachtas; | ||
(f) a local authority; | ||
(g) the Health Service Executive; | ||
(h) a person established— | ||
(i) by or under any enactment (other than the Companies Acts), | ||
(ii) by any scheme administered by the Government, or | ||
(iii) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government; | ||
(i) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government; | ||
(j) a builder or developer, other than where the application is made in respect of— | ||
(i) a dwelling that was not built or developed by that builder or developer, or | ||
(ii) a common area and the builder or developer does not own all of the dwellings in the building of which the common area is part. | ||
(6) Where, following consultation with the Board regarding the implementation of the pyrite remediation scheme, the Minister is satisfied that it is necessary for the purpose of pyrite remediation of a class of dwelling to which this section would apply, save that it is not specified in paragraph (a), (b), (c) or (d) of subsection (1), the Minister may prescribe that class of dwelling for that purpose. |