C10

Prospective affecting provision: section inserted by Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 (20/2025), s. 17, not commenced as of date of revision.

F25[23A. (1) Where an approved remediation option is not the demolition of the relevant dwelling and the reconstruction of the dwelling, the relevant owner may, after the first amendment or replacement of I.S. 465:2018 by the National Standards Authority of Ireland (in this Part referred to as the “revised I.S. 465:2018”), apply to the designated local authority for—

(a) a review of the approved remediation option having regard to the revised I.S. 465:2018, and

(b) approval of a new remediation option (in this Part referred to as the “updated remediation option”) and a new remediation option grant (in this Part referred to as the “updated remediation option grant”) to replace the approved remediation option and remediation option grant.

(2) A relevant owner may only make an application under subsection (1) where—

(a) the works necessary to carry out the approved remediation option have not commenced, or

(b) (i) no works have been carried out to satisfy the approved remediation option since 6 November 2024, and

(ii) a certificate of remediation has not been completed under section 20.

(3) An application under subsection (1) shall—

(a) be made within 6 months of the coming into operation of section 17 of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025,

(b) be made in such form and manner as may be prescribed, and

(c) be accompanied by—

(i) such evidence as may be prescribed of the matters referred to in paragraph (a) or (b) of subsection (2), as the case may be,

(ii) details of any payment which the applicant, or any other person who has a legal or beneficial interest in the dwelling, has received other than under this Act, in respect of damage to the dwelling caused by the use of defective concrete blocks in its construction, and

(iii) such other documents or information as may be prescribed for the purposes of the application.

(4) The designated local authority may—

(a) require the relevant owner to provide in writing, within 90 days of the date of the requirement, such further information or documents relating to the application as the designated local authority may consider necessary, and

(b) require the relevant owner to facilitate, within 90 days of the date of the requirement, an inspection of the dwelling by an authorised officer of the designated local authority.

(5) The designated local authority shall consider whether an application is valid and shall—

(a) where it decides that the application is valid, refer the application to the Housing Agency as soon as practicable after making that decision, or

(b) where it considers that the application is not valid, refuse to refer the application to the Housing Agency.

(6) In considering whether an application is valid, the designated local authority shall have regard to—

(a) the application, and

(b) any further information or documents provided to it or the results of any inspections made by it, under subsection (4).

(7) The designated local authority shall notify the applicant of the referral or refusal under subsection (5) as soon as practicable after it is made.

(8) A notification under subsection (7) shall—

(a) where a notification relates to a referral, state that the applicant shall not carry out work to satisfy the approved remediation option unless a decision is made under section 23B(4)(b), and

(b) where a notification relates to a refusal, include the reasons for the refusal and state that the applicant may appeal the refusal under Part 5 within 90 days of the date of the notification.]