Oireachtas Joint and Select Committees

Wednesday, 5 April 2017

Joint Oireachtas Committee on Housing, Planning, Community and Local Government

Review of Building Regulations, Building Controls and Consumer Protection: Discussion

5:00 pm

Mr. Eamon O'Boyle:

Deputy Ó Broin asked if the BCAR has been in place long enough to allow an assessment. It is not yet known. I am an assigned certifier on some projects, but it has been very few to date because the building process has not happened. I reflect what the other speakers have said and it is my sense that there has been a huge change of culture in building contractors and professionals.

The degree of detail required is now quite extensive in terms of the inspection plans and all the material that goes with them. I will keep housing on one side and multiple housing, that is, apartments on the other. In the case of the latter, there are interdependencies and one apartment is dependent on the other. There are requirements to construct common spaces and they have to operate the way they should. If one piece is missing it has an impact on everybody.

The question of associated costs was raised. The building control regulations added to the costs, with the need for a signed certifier, ancillary certifiers and other people for various responsibilities. My preference would be to have very good people doing the work. Consumer protection is achieved by good people doing their jobs properly. The CIRI is the way to go and there needs to be ongoing training not just for contractors, but for people who can contribute to fire stopping. Fire stopping is important because it is like the airbag in a car - one does not know if it works until one crashes. If it is not in place, there is a huge impact.

We were asked for solutions. The BCAR system is operating well but refinements could take place. I was involved in a project in Germany some time ago where the developer had to pay for the appointment of an independent inspector who was employed by the local authority, creating an arms-length arrangement which seemed to work pretty well. I disagree with Ms Ní Fhloinn on the need for a nationwide building control authority because when building control authorities make assessments on plans, they do so on the basis of local knowledge, which contrasts with the Food Safety Authority. For example, a building would have a water supply for fire fighting and the local fire chief would know about it. I do not think this could be dealt with nationally in the same way. Dealing with things locally would be preferable.

Deputy O'Dowd asked about inspections that were carried out by local authorities. There was a lack of professional staff in local authorities to undertake inspections and there was no oversight but the Building Control (Amendment) Regulations plugged the gap in one fell swoop. Professionals carry out the work now, even though they are not employed by the local authorities, and there are substantial penalties for professionals who do not do their work well. They cannot even occupy the building if they are not on the register. I will leave the matters of sinking funds and money to my legal colleague.

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