Green Party takes decisive action against housing defects

The Green Party is taking firm action to support homeowners of defective dwellings by providing a framework for redress. Deputy Francis Noel Duffy TD, Housing Spokesperson for the Green Party, made the announcement as his Defective Dwellings Bill is presented for second reading in the Dáil. The Bill will ensure builders and developers are held liable for their work.

Thousands of homeowners and tenants around the country are impacted by defective properties with many people living in crumbling homes on the verge of collapse. The Bill will provide homeowners with legal redress where construction work is not properly completed and where materials were not fit for purpose.

Launching the Bill, Deputy Duffy said:

“Following years of development, I am delighted that the Defective Dwellings Bill has made it to the second stage of the Dáil legislative process. This Bill sets out to ensure that homeowners have a legal redress process to protect their family homes from defective construction. It is essential that we have legislation to guard against defective construction practices."

As per Committee Report recommendations, the Bill introduces a new statute of limitations of two years from discovery of defect rather than the current six years from purchase of property. This Bill will protect subsequent owners of defective dwellings by awarding them the same rights as the original owner of the dwelling.

Pat Montague from the Construction Defects Alliance endorsed the Bill, saying;

“One of the issues that has emerged from the apartment defects scandal is that builders and developers have effectively no legal responsibility to the owners of these homes. This is part of the reason why they have gotten away scot-free and left the taxpayers to pick up the tab for the billions of euros required to remediate fire safety and other defects due to their shoddy building.

“If we are to avoid a repeat of this scandal, then the clear imbalance in the legal rights of builders and developers vis a vis those of home-owners has to change. The Bill prepared by Deirdre Ní Fhloinn and proposed by Francis Noel Duffy is an important step forward in this regard.

“However, much more will be needed including much more effective State oversight of compliance with the Building Regulations, reform of company law and the Statute of Limitations as well as real financial penalties for those involved in defective building.”