Mr. Michael Layde:

I thank the Chairman. We are also pleased to be here to discuss the related subject of the prospective substantial amendments to the building control regime. These measures were announced by the Minister in July 2011 and essentially they involve the commencement of a section of the Building Control Act 1990 requiring the submission to building control authorities of certificates of compliance with the building regulations before, during and after construction and the amendment of the building regulations setting out the form of the proposed certificates of compliance and the administrative procedures governing their use. They also involve engagement with the City and County Managers' Association to make arrangements for a move to a regionalised and shared services model for the administration of building control functions; for the agreement of standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions and the meaningful oversight of building activity; and for agreement on common measures for the support and further development of the building control function nationwide.

In order to put the above measures in context, it is first helpful to appreciate the provisions of the Building Control Act of 1990 and how they may apply in practice. The Act of 1990 sets out a clear statutory framework for construction activity based on clear legal standards, as set out in the building regulations. They provide detailed guidance on how these standards can be achieved in practice, with the burden and responsibility for compliance resting first and foremost with developers and builders, designers and building owners. They include a statutory responsibility for professionals to design in accordance with the building regulations, with responsibility for enforcing compliance with the building regulations resting with the 37 local building control authorities. The Act sets out clear roles and responsibilities for a number of parties, namely the Minister, the owners and developer, designers and local building control authorities. The role of the Minister is to ensure that appropriate regulations and technical standards are in place in order to give practical effect to the Act. Contrary to common perception, the Minister has no role with regard to enforcement activity, which is delegated exclusively to local building control authorities who are independent in the exercise of their statutory powers.

The Act places responsibility for compliance with the building regulations first and foremost on the shoulders of owners and developers. Where concerns regarding non-compliance arise, the Act enables the local building control authority to serve enforcement notices on the owner and the builder. Remediation of defects is a matter between the parties concerned - that is, the owner and the builder or developer and their insurers. If satisfactory resolution cannot be achieved through dialogue and negotiation, the option of seeking civil legal remedy may be considered. In such situations, the statutory requirements provide a yardstick by which the owners or builders, their technical consultants and the courts can determine whether a building is fit for purpose.

The role of local authorities is to administer the building control process and to enforce statutory obligations. Local building control authorities have strong powers under the Act to scrutinise proposals and inspect works in progress, serve enforcement notices for non-compliance, institute proceedings for breaches of regulatory requirements and seek High Court injunctions if non-compliance poses considerable and serious danger to the public. Failure to comply with the building regulations may result in a fine of up to €5,000 or imprisonment for a period of up to six months, or both, following a successful summary prosecution. A successful conviction on indictment may result in a fine of up to €50,000 or imprisonment for a period of up to two years, or both.

The Department has set a target inspection rate of 12 to 15% of all buildings covered by valid commencement notices.

The statistical returns for 2010 show that all but five building control authorities met or exceeded this target. There is a general average inspection rate of 24%, or almost one quarter, of all buildings. The Building Control Acts provide for statutory processes for fire safety certificates and disability access certificates, which further enable local authorities to positively influence the quality of certain buildings. That is a summary of the arrangements for building controls.

In keeping with the Minister's announcement of July 2011, we have prepared draft building control (amendment) regulations. This is the reason we are here today. They set out the forms of mandatory certificates of compliance and the administrative provisions governing them, and they require the lodgement of drawings demonstrating compliance. We regard this as a significant change from the existing regime. These proposals were released for public consultation earlier this year. There is evidence of the keen interest in the process. More than 500 submissions were received. We have fully considered these and recently we finalised a definitive draft set of regulations that are with the Minister for his consideration. We anticipate that he will be in a position to approve them and to sign them into law in the near future.

I will outline how the proposed regulations will strengthen the current arrangements by requiring the following criteria with regard to all significant building works. Drawings and particulars used for the purposes of construction will be submitted to the local building control authority and will be accessible to anyone who subsequently acquires an interest in the building concerned. Design will be undertaken and certified by competent professionals prior to works commencing. Owners will formally assign a competent builder to undertake and certify the works. Owners will also formally assign a registered professional, tasked with preparing an appropriate inspection plan for the building works during construction, carrying out inspections and overseeing inspection works by other parties in accordance with the inspection plan and certifying the works for compliance with the building regulations when completed. Statutory certificates of compliance will be required from designers, builders and certifiers to confirm compliance with the regulations and accepting legal responsibility for their work. It will be an offence to occupy or use a building before the final certification of compliance on completion has been included on the statutory register, which is maintained by the local building control authorities. The amended regulations will thus establish a clear chain of responsibility starting with the original owner of the proposed building works prior to the commencement.

A code of practice for inspecting and certifying works is being developed. This will clearly outline the roles and responsibilities of various parties, including owners, designers, builders, etc. under the Acts and provide guidance on how these obligations can be complied with in practice. For the first time the statutory building control process will provide a legal obligation to assign competent registered professionals to design, inspect and certify work and a competent builder to undertake and certify the works. This does not exist at present. Building works will be also be subject to a comprehensive inspection plan to be drawn up and executed during construction and subject to clear unambiguous statutory certificates of compliance signed by the responsible parties.

The other measures included in the Minister's commitment relating to shared services and regionalised models of service delivery and enforcement will better support and develop the building control function, although they are technically outside the scope of the regulations. These are being pursued by the Department in consultation with the local authorities as part of the wider process of reform of local government. I hope these comments have been of value to the committee and we are happy to take questions from committee members.