What is the 40-year guarantee, and who is insured?

The State guarantees the repaired home, for up to 40 years. It does not insure the engineer who works on it. Here is what that means for you.

What is the 40-year guarantee?

The State gives a 40-year guarantee to the homeowner, not to the engineer.

If your home is repaired using one of the partial options (Options 2 to 5) and the repair later fails because defective blocks remained in the home, a government-backed second grant is available. This applies for up to 40 years. The second grant is paid through the Housing Agency and covers a full rebuild.

For how much the grant pays, see grant rates and the cap. For deadlines, see time limits.

Is there a government insurance policy for engineers?

No. There is no government insurance policy that protects engineers working under the scheme.

• Engineers carry their own insurance. They must have their own Professional Indemnity (PI) insurance. The government does not provide it. Department of Housing, Local Government and Heritage guidelines require it.
• Engineers remain liable. Engineers are legally responsible for their professional advice and certification.
• Insurance can be hard to find. The government has refused to provide a State indemnity for these professionals. As a result, many engineers have struggled to find private insurers willing to cover this high-risk work.

What does the State indemnity in the Act cover?

Section 45(1) of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 gives a statutory indemnity to "relevant persons" while they carry out duties under the Act. These include:

• officers and employees of designated local authorities
• the Housing Agency
• competent building professionals.

This indemnity only covers actions taken in good faith. It does not cover professional negligence. Building professionals still have to provide certification under the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Regulations 2023 (S.I. No. 347 of 2023). That is why engineers must carry their own PI insurance.

What does this mean for me?

In short, the government guarantees the repaired building, while the engineer stays personally and professionally liable for any errors they make.

When you choose an engineer, it is reasonable to ask about their PI insurance. See registered professionals for more on who can do the work. If you have a question about your own guarantee or a dispute about the work, check with your solicitor or local authority.