Oireachtas Joint and Select Committees

Thursday, 10 March 2022

Select Committee on Housing, Planning and Local Government

Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed)

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

I will respond for the purpose of teasing this out. This section is very clear. I refer to the lengthy discussion we had earlier on the interrelationship between failure to comply building control regulations and non-compliance with the competency requirements of the register. If, for example, builder A has been subject to building enforcement by a planning authority and that is used as evidence in a sanction to question the competence of the registered person as per the register criteria, and the builder is then struck off, would that prohibit the building control authority or a third party - the affected homeowner - from pursuing further criminal action against the builder? I am trying to understand the interrelationship between the two potential decisions. The decision to strike somebody off the register is on the limited grounds that the person has not complied with the competency criteria. My understanding is that this section would not in any way prevent a building control authority or a third party affected from pursuing criminal proceedings for breach of building control regulations, even if those breaches were part of the evidence to make the case that non-compliance with the competency elements of the register was at stake.

Am I clear in that?

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