Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025

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Application for increase to remediation option grant

9. The Principal Act is amended by the insertion of the following section after section 17:

“17A. (1) A relevant owner may apply to the designated local authority for an increase to the remediation option grant where the relevant owner—

(a) received, before the coming into operation of the section 11 Order on 23 October 2024, a notification under section 16(9) which relates to a decision under section 16(4)(a), and

(b) has evidence of qualifying expenditure.

(2) A relevant owner who, before the date of the coming into operation of section 9 of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025, has received the final part payment of a remediation option grant or the payment of the whole of the remediation option grant under section 18, may not make an application under subsection (1) unless the relevant owner did not receive payment under section 18 for the total amount of qualifying expenditure.

(3) An application under subsection (1) shall be accompanied by—

(a) evidence of qualifying expenditure, and

(b) 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.

(4) For the purposes of considering the application under subsection (1), the designated local authority may require the applicant to provide further information or documents within a specified period.

(5) Where an applicant does not comply with a requirement under subsection (4), the application shall be considered to have been withdrawn.

(6) The designated local authority shall consider an application under subsection (1) and decide—

(a) where it is satisfied that the application is made in accordance with subsections (1) and (3) and any regulations made under subsection (12), to approve an increase to the remediation option grant (in this Act referred to as the ‘increased grant’) which, subject to subsection (11), may be paid to the relevant owner under section 18A for the purpose of qualifying expenditure, or

(b) where it is not satisfied that the application is made in accordance with subsections (1) and (3) and any regulations made under subsection (12), to refuse the application.

(7) The increased grant shall be calculated by the designated local authority—

(a) in accordance with section 10—

(i) as amended by the section 11 Order, and

(ii) subject to the modification that each reference in subsection (5) to ‘prescribed under section 12’ shall be construed as a reference to ‘in accordance with the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Regulations 2023 ( S.I. No. 347 of 2023 ), as amended by the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Regulations 2024 ( S.I. No. 621 of 2024 )’,

and

(b) using the same measurements of the relevant dwelling that were used by the Housing Agency in calculating the remediation option grant.

(8) Where a relevant owner states in the application under subsection (1) that he or she, or any other person who has a legal or beneficial interest in the relevant dwelling, received a payment from another person, other than under this Act, in respect of damage to the relevant dwelling caused by the use of defective concrete blocks in its construction, the designated local authority shall reduce the increased grant by the amount of the payment.

(9) Where the remediation option grant approved under section 16(4) was reduced under section 17(5), the designated local authority shall reduce the amount of the increased grant on the same basis.

(10) The designated local authority shall, as soon as practicable, notify the applicant of its decision under subsection (6) and, where applicable, of a reduction under subsection (8) or (9), as the case may be, and the notification shall—

(a) include the reasons for the decision, and

(b) state that the relevant owner may appeal the decision in accordance with Part 5 within 90 days of the date of the notification.

(11) A relevant owner shall make an application for payment of a remediation option grant in respect of all expenditure incurred, other than qualifying expenditure, under section 18 before he or she makes an application for payment of an increased grant under section 18A.

(12) The Minister may prescribe:

(a) the form and manner in which an application under this section shall be made;

(b) the form and manner in which a requirement may be made under subsection (4);

(c) the matters to which a designated local authority is to have regard in approving the increased grant;

(d) the method and procedure by which an increased grant may be reduced under subsection (8) or (9);

(e) the form and manner in which a notification may be given under subsection (10).

(13) In this section—

‘section 11 Order’ means the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (Section 11) Order 2024 (S.I. 577 of 2024);

‘qualifying expenditure’ means expenditure, in carrying out works to satisfy the approved remediation option, incurred by the relevant owner after the date of the notification referred to in subsection (1)(a), but not earlier than 29 March 2024.”.