Plans for a defect scheme catering to apartments and duplexes have taken a key step forward.

The government has approved draft legislation to support the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. This will help enhance the establishment of a remediation scheme aimed at protecting the safety and welfare of those living in apartments or duplexes with such defects that occurred during construction. 

A 'whole building' approach will be taken, ensuring common areas and shared spaces are also remediated where required to the relevant standard. It's envisaged that the Housing Agency will play a central role in the administration of the scheme and that Owners' Management Companies will be funded to carry out the necessary remediation works, with specific limitations or exemptions on certain commercial owners. 

In order to ensure that important life-safety works are not paused, the Government has also decided that remediation works related to fire safety defects, entered into or commenced from today, 19 January, will form part of the remediation scheme, subject to terms and conditions. Such works will need to be agreed with local authority Fire Services and the details of this process will be worked out as a priority and provided in due course. Government have approved the principle of allowing remediation costs already incurred or levied to be covered under the legacy defects scheme, within the scope and defined parameters of said scheme.

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Housing Minister Darragh O'Brien said: "We know that there are significant legacy defects in a large number of apartments and duplexes and as a result, many owners of apartments and duplexes are facing difficult financial situations - alongside the personal stress that is caused - when defects arise in their buildings.

"The forthcoming scheme will help protect the safety and welfare of those currently living in apartments or duplexes with fire safety, structural safety and water ingress defects.

"I have listened to calls from homeowner representative bodies and I am glad to report that Government have approved the principle of allowing remediation costs already incurred or levied to be covered under the legacy defects scheme, within the scope and defined parameters of said scheme. The details and mechanics of this will be worked out as the legislation is drafted.

"When I was appointed Minister, I said that this was a nettle we had to grasp and I am committed to helping those whose lives have been impacted by this issue. My Department will now proceed to draft this legislation as quickly as possible.

"We also need to continue strengthening our building control system so that similar issues don't arise in the future. I remain committed to establishing an independent building standards regulator with effective powers of inspection and enforcement and an appropriate suite of sanctions."