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EligibilityTenancyLegal

Does my home need to be my main residence?

Help & AdviceReading time approx 4 min

The Enhanced Defective Concrete Block (DCB) Grant Scheme is for homeowners whose principal private residence is affected by defective concrete blocks. In plain terms, it is for the home you live in. If you also own a rental property, see rental properties and the scheme.

What counts as a principal private residence?

  • The home must have been lived in as your principal private residence at some point.
  • If the main house was never lived in, the application may be refused. This can apply even if part of the building, such as an attached garage, was used as living space.

An attached garage may not count as a dwelling under planning or building regulations unless it was officially converted for residential use.

What if I have been living in an attached garage?

This is a grey area. You may have an argument if:

  • the garage has been your main living space for a long time
  • it is structurally part of the defective house, not a separate outbuilding
  • you can show that the garage and the defective house form one residential unit.

Even so, the local authority or the Department of Housing may still require that the main house itself was your principal residence, not just part of it such as a garage.

Planning and certification issues

If the house was never completed or certified for living in, and the garage was never officially converted, there may be planning and building compliance issues. These can make eligibility harder to establish. Talk to your engineer or architect early.

What can I do if my case is unusual?

  • Apply anyway. Explain your circumstances clearly and include:
  • proof that you live in the garage, such as utility bills and letters
  • proof that the garage is structurally part of the defective house
  • any medical or welfare considerations, if relevant.
  • Ask for a review or appeal if your application is refused. Our guide to appeals explains how.
  • Contact your local TD or councillor. They can advocate for you, and discretion is sometimes used in complex or borderline cases.
  • Consider legal advice. If you were misled into buying defective materials, or there are other legal routes, a solicitor can tell you whether redress outside the scheme is possible.

Donegal County Council, as the Designated Local Authority, has said that applicants in unusual situations should submit an application with as much supporting evidence as possible. This lets the council carry out an objective assessment of whether the application is valid under the 2022 Act. The council's DCB Grant Office will contact you if it needs anything more.

Who is a "relevant owner"?

Every application must comply with the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022.

Section 9(2) of the Act says a relevant owner is an individual who owns a relevant dwelling, alone or jointly, and who:

  1. became an owner of the dwelling before 31 January 2020
  2. inherited the dwelling on or after 31 January 2020, or
  3. bought the dwelling on or after 31 January 2020, subject to section 9(4).

Section 9(4) says that someone who bought a dwelling on or after 31 January 2020 is not a relevant owner if they knew, or ought to have known, that defective concrete blocks were used to build it. This does not apply where a letter of assurance has been issued for the dwelling.

I bought my home after 31 January 2020. What do I need to show?

You need to show that you did not know, and could not reasonably have been expected to know, that the home contained defective concrete blocks when you bought it. In practice, that means showing you acted in good faith and paid full market value. Useful evidence includes:

  • A pre-purchase survey. A survey from a chartered building surveyor or engineer that did not find signs of defective blocks at the time, such as cracking consistent with mica or pyrite.
  • Proof of market value. For example, the Property Price Register or a bank valuation showing you paid a price in line with a defect-free home.
  • No prior disclosure. Confirmation that the seller did not disclose any problems, and that no earlier scheme application or similar report, such as an I.S. 465 assessment, existed for the property.

How do I apply?

You apply online through your local authority. The scheme covers Donegal, Mayo, Clare, Limerick and Sligo.

  1. Engage a professional. Hire a competent building professional to carry out a Building Condition Assessment (BCA). They must confirm the damage meets the required threshold. See registered professionals for who can do this.
  2. Submit your application. Include the BCA report, proof of ownership and, if you bought after 31 January 2020, your evidence that you did not know about the defects.
  3. Validation. The local authority checks whether you are a relevant owner. If it decides you ought to have known about the defects, for example because the price was well below market value, it may refuse the application.

For the full process, see our step-by-step guide to the scheme. If you are unsure about your own situation, check with your engineer, solicitor or local authority, or contact us.

Sources

  1. Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (opens in a new tab)Irish Statute Book · irishstatutebook.ie
  2. Defective Concrete Blocks Grant Scheme (opens in a new tab)Department of Housing, Local Government and Heritage · gov.ie
  3. Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Regulations 2023 (opens in a new tab)The Housing Agency · housingagency.ie
  4. Defective Concrete Blocks Grant Scheme (opens in a new tab)ABL Surveyors · ablsurveyors.ie
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