Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I thank the witnesses for their presentations. By way of background, the reason for this hearing and the hearing next week is that several of us in respect of our constituencies but also through discussions in the committee are concerned that we need to better understand the new regulations and the important issues raised by cases that have gained a high media profile. The purpose of these hearings is for the committee to issue a report to examine these issues and, if required, we will make proposals to Government for changes to legislation.

Most of us have had some dealings with the issues raised today. The witnesses are the experts, which is why we invited them here.

Do the witnesses think there has been enough time since the regulations changed in 2014 to assess whether they are adequate to fix the problems that existed prior to that date? I am particularly interested in the content of the regulations but also in compliance because while there is a move to more inspection, and this is not to question the professional integrity of any those carrying out inspections, it is my sense that when it is outsourced someone is brought in who is not independent because he or she is being paid for that inspection and certification. Is that the best regime we could have?

While we know of the high profile cases, many of us know of constituents who hear that the neighbours have accidentally come across firestopping that was not done. One does not just see that, one has to be renovating one's house to discover it. They wonder should they check this themselves and, if so, what they will find and what will be their liability for rectifying those problems. How widespread is the non-compliance although there are fire safety or other certificates? If there is to be a national fire risk assessment programme even just to consider buildings that might pose a high risk because of the time they were built, that could be a big programme. How would that roll out?

The committee is having a separate discussion and the Government is undertaking two pieces of research to find ways to bring down the cost of producing private sector units, in respect of building, compliance, land, financing and tax related costs. Ms Ní Fhloinn mentioned this. Many of us are keen to find a way to reduce the overall cost of producing units without in any way compromising standards and compliance with standards. We would be interested in witnesses’ thoughts on whether there is a way to bring down the cost while also increasing standards and compliance.

The area we are most concerned about is what happens the homeowner who discovers the defect. In cases I have been directly involved with, the clear impression is that unless the inspectors were able to find some way of negotiating outside the formal mechanisms with a developer who is still trading with a local authority, which may have had some involvement in the development, the cost for the homeowner can be very substantial. Even for relatively small levels of firestopping it can be thousands of euro. Consumer protection is the one aspect that is failing absolutely. I would like to hear the witnesses' views in as much detail as they can give on what needs to be put in place, such as changes to defects insurance or other mechanisms. If I buy a CD today and it is broken I will bring it back to the record store tomorrow and get a replacement. Most people think it is the same for most things they buy. A house is the single biggest purchase most people make in their lives yet they find when major defects are discovered, unless they are willing to take a civil action against somebody to fight it in the courts, they could be left with the full liability and risk. The committee will want to come forward with suggestions on that.

The purpose of this report is to offer solutions, not to lay blame, criticism or to play politics. It is to set out solutions in the context of the forthcoming building control Bill, the heads, or a draft of which, the Minister says we should have before the end of this session. I am interested in hearing, in as much detail as the witnesses can give, what they think needs to change in the primary legislation or in regulations on standards, compliance, consumer protections and remedies, or in terms of implementation and policy areas that might not require legislation or a change of emphasis by State agencies.