Oireachtas Joint and Select Committees

Thursday, 23 November 2017

Joint Oireachtas Committee on Housing, Planning and Local Government

Vacant Housing (Refurbishment) Bill 2017: Discussion

9:30 am

Photo of Pat CaseyPat Casey (Wicklow, Fianna Fail) | Oireachtas source

It is to be hoped that all present can get onto one page in respect of the Bill and get it moving forward because, as all speakers have said, there is a very high level of public frustration on the issue. A person trying to convert a building first applies for a planning exemption certificate, then a fire certificate and then a disability access certificate, all of which takes a significant amount of time and involves much back and forth with the authorities. That is also the case for conservation. The process proposed in the Bill would get all of those professionals together such that a person could deal with his or her application and the issues. It is not the intention behind the Bill to put standards at risk and it contains no indication that that will be done. We have suggested that instead of certificates for a planning exemption, fire safety and disability access, an applicant would be issued with a work permit that would deal with all of those issues. I hope the Department does not think that we are trying to weaken standards through our proposal because that is not our intention.

We all must admit that there are no technical documents currently available for a person who is refurbishing an existing building. All the technical documents available refer to new builds, not refurbishments. The Bill states in subsection (6)(c)(ii), as proposed to be inserted by section 2, in regard to the six criteria we mention, that: "the Department shall draft and publish revised technical guidance documents to accompany each part of the Building Regulations indicating how the amended requirements detailed in the Schedule 1of the Act of 2017can be achieved in practice". We are asking the Department to provide those technical documents. All present know that each local authority is currently doing so independently. There is no standard nationwide process for the refurbishment of buildings. Proper technical documents need to be drafted. Has the Department got the resources to provide such technical documents? They are significant and detailed and will be required if this Bill or the Government Bill on the issue is passed by the Oireachtas.

There will also be a difference of opinion in regard to the inspection and Building Control (Amendment) Regulations, BCAR, processes. We clearly indicate in the Bill that we want to move away from having an assigned certifier, which in the opinion of many members is self-regulation, and move to an independent certification process. I would love it if our local authorities had the resources and expertise to do that but we all know they probably do not. Therefore, we suggest that a framework agreement be set up whereby each local authority can bring in resources as required to provide the independent inspection. The independent inspection will put everybody's minds at ease that the work permit and related building controls have been carried out and independently assessed.

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