Donegal councillor Frank McBrearty says he plans to sue the state over the planned mica redress scheme.
Newspaper reports over the weekend indicate that residents are expected to receive 100% redress for all remediation works, capped at €420,000.
However, Cllr McBrearty and his father Frank Snr are concerned their houses - which cost about €1 million each - will not qualify for the Government's scheme.
On Newstalk Breakfast, the independent councillor explained that his father's home has a problem with 'sulphite minerals' rather than mica or pyrite.
He said: “This scheme was designed for Mica and reactive pyrite only - it wasn’t designed for sulphite minerals.
“Government does not want to deal with this, as the cost would go through the roof.
“What’s the difference between a house that has spent €1 million building and a house that’s spent €100,000? There’s no difference - they have the same rights under the Constitution."
He said the issue here isn't about eligibility for the scheme, but rather "about getting justice for what has happened" to someone's home through no fault of their own.
Cllr McBrearty and his family previously took legal action against the State over garda harassment - a case they ultimately successfully settled for millions of euro.
He said they're now prepared to fight another lengthy legal action over this redress scheme.
He said: “We now face another ten years of litigation in the High Court. And let me tell you this: we will win in the High Court because we can prove the failures of this unethical scheme.
“My home has the same rights as a small home. But that’s not the point I’m making here.
“We shouldn’t be facing this problem. Our homes shouldn’t be defective - we bought our products in Donegal in good faith, and the Government should have protected us with proper legislation to make sure this didn’t happen in the first place.
“The reality is Government are totally to blame and have failed the home-owners and property-owners."
He added that everyone is entitled to the same rates, but it doesn't appear that is going to happen.
