Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
Change of relevant owner
24. (1) Where a relevant owner of a dwelling dies after the making of a decision under section 13(7), the legal personal representative of the relevant owner shall, as soon as practicable, notify the designated local authority of the death and may notify the designated local authority that a person who has inherited or will inherit the dwelling wishes to be considered the relevant owner of the dwelling for the purposes of this Act.
(2) Where the designated local authority receives a notification referred to in subsection (1) —
(a) it shall notify the legal personal representative that he or she shall be considered the relevant owner until the designated local authority is satisfied as to the matter referred to in paragraph (b), and
(b) where it is satisfied that the person referred to in subsection (1) is entitled to own the relevant dwelling as a result of the death of the relevant owner, that person shall be considered to be a relevant owner of the relevant dwelling for the purposes of this Act and the designated local authority shall notify the person of that fact.
(3) Where a notification is made under subsection (1), the making of the notification shall be considered an exceptional circumstance for the purpose of section 19 and the designated local authority shall issue a decision under section 19(5)(a) granting the extension referred to in that subsection for the further period referred to in section 19(8), or such other period as the designated local authority considers appropriate in the circumstances.
(4) An individual, other than the relevant owner who made the application under section 13, may, after the making of a decision under section 13(7) in respect of the application notify the designated local authority that he or she wishes to be considered a relevant owner of the dwelling for the purposes of this Act.
(5) The designated local authority shall consider a notification referred to in subsection (4) and where it is satisfied that the individual who made the notification has complied with any regulations made under subsection (6) and is a relevant owner of the dwelling, the individual shall be considered a relevant owner of the dwelling for the purposes of this Act and the designated local authority shall notify him or her of that fact.
(6) The Minister may, for the purposes of this section, make regulations providing for:
(a) the form and manner in which a notification may be made under subsection (1) or (4);
(b) the matters which a designated local authority shall require to accompany the notification in order to satisfy itself that the person referred to in subsection (2) is entitled to own the dwelling or that the individual referred to in subsection (5) is a relevant owner of the relevant dwelling;
(c) amendment of the periods referred to in section 19;
(d) the making and consideration of notifications under subsection (1) or (4).
Annotations
Amendments:
F27
Inserted by Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 (20/2025), s. 18(a), (b), (c), not commenced as of date of revision.
Modifications (not altering text):
C12
Prospective affecting provision: subss. (4A), (6)(ba), (7) inserted by Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 (20/2025), s. 18(a), (b), (c), not commenced as of date of revision.
F27[(4A) Notwithstanding section 9(2)(a), an individual shall be regarded as a relevant owner for the purposes of a notification under subsection (4) if he or she—
(a) is an individual who is—
(i) married to a relevant owner of a relevant dwelling,
(ii) a civil partner of a relevant owner of a relevant dwelling, or
(iii) a cohabitant of a relevant owner of a relevant dwelling,
and
(b) became a joint owner of the relevant dwelling on or after 31 January 2020.]
…
(6) …
F27[(ba) the documents or information which may be considered evidence of the matters referred to in paragraphs (a) and (b) of subsection (4A);]
…
F27[(7) In this section—
“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;
“civil partner” shall be construed in accordance with section 3 of the Act of 2010;
“cohabitant” shall be construed in accordance with section 172(1) of the Act of 2010.]
Editorial Notes:
E35
Power pursuant to section exercised (29.06.2023) by Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Regulations 2023 (S.I. No. 347 of 2023).
