Billy Kelleher (Cork North Central, Fianna Fail)

I am responding on behalf of the Minister for the Environment, Heritage and Local Government, Deputy Gormley, who sends his apologies.I acknowledge fully the genuine difficulties experienced by homeowners whose homes have been affected by the use of pyrite in certain developments in and around County Dublin. The purchase of a home by any of us is a major investment, financially and emotionally, and I am keenly aware of the hopes and expectations that accompany the transaction. This issue has already been addressed in a number of parliamentary questions to date and I can report some progress regarding the quality standards of new homes as they pertain to pyrite.

The certification of products is the responsibility of the National Standards Authority of Ireland, NSAI. When the issue of pyrite arose some months ago and following an intervention from my Department, the NSAI moved quickly to reconvene its aggregates panel to give urgent consideration to the matter. The Department is represented on this panel, together with representatives of the construction industry. Following a public consultation process, the NSAI has now published a new standard recommendation, which is a definitive amendment to existing standard recommendation 21 on the use of aggregates as infill for civil engineering and road construction work. The new standard recommendation came into effect on 7 December 2007 and the intention is that it will address the quality standards of new homes in so far as problems relating to pyrite are concerned. It is now intended to adopt this NSAI standard recommendation in the relevant technical guidance document associated with the building regulations.

It would be helpful for me to set out the overarching legal framework for the construction of new houses. The national building regulations set out the legal requirements for the construction of new buildings, including houses, and extensions to and material alterations of existing buildings. The related technical guidance documents provide technical guidance on how to comply with building regulations.

Under the provisions of the Building Control Act 1990, responsibility for compliance with the building regulations rests with the builder and the owner of a building. Enforcement of the regulations is a matter for the 37 local building control authorities which are empowered to carry out inspections and initiate enforcement proceedings when considered necessary. The House has been advised in this regard that Fingal County Council has been in direct contact with the developers and the quarry concerned regarding problems encountered following the use of pyrite as an under-floor infill material in certain developments.

Having consulted the statutory Building Regulations Advisory Body, the Department issued a circular letter, BC 6/2007, to each county manager and local building control authority on 16 August 2007 to bring the issue to their notice and to request their co-operation in the enforcement of the relevant requirements set out therein. The circular also brought to their attention a notice issued by Fingal County Council on 26 July 2007 on this matter.

The resolution of any problems arising between homeowners and their builders is ultimately a matter for the parties concerned, namely, the homeowner, the relevant developer and the builder's insurer. Where the construction of a house is the subject of a contract between the client and the builder, enforcement of this contract is a civil matter. The measures I have outlined represent the appropriate response to the issues raised by the Deputy.

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