Barry Andrews (Dún Laoghaire, Fianna Fail)

I thank Deputy Noel Ahern for raising the matter of regularisation certificates and reassure him that there is no dispute between the Department of the Environment, Heritage and Local Government and local authorities in this regard.

In terms of the construction of new buildings, including apartment blocks and dwellings, and extensions to, material alterations of and certain changes of use of existing buildings, the legal requirements are set out in the building control code. The Building Control Regulations 1997 set out the requirements for fire safety. A comprehensive suite of related technical guidance documents provides detailed guidance on how to comply with the regulations. Part III of the 1997 regulations provides for the issuing of a fire safety certificate, FSC, by a building control authority. The FSC certifies that the work or building, if constructed in accordance with the plans, documents and information submitted, complies with the fire safety requirements of the regulations. A certificate is required for building work in categories specified in the regulations, including the construction or material alteration of commercial premises, places of work and assembly, institutional buildings and apartment blocks.

The Building Control (Amendment) Regulations 2009 provided, inter alia, for the introduction on 1 October 2009 of new measures to improve the fire safety certification regime. Article 20C of the regulations provides for the issuing of a regularisation certificate by a building control authority in respect of buildings commenced or completed without a FSC where such a certificate is required. This measure was introduced to assist building owners who wished to bring their buildings into compliance with the building code.

The regularisation certificate may be granted by the building control authority with or without conditions or refused. An application for a certificate must include a statutory declaration from the applicant that the works carried out are in compliance with the fire safety requirements of the regulations. The authority is empowered to specify that the certificate will not have effect unless any conditions or additional works required by the authority are carried out within a period of four months after it is granted. Responsibility for compliance with the regulations rests with the builder and the owner of a building. Enforcement of the regulations is a matter for the local building control authority, which is empowered to carry out inspections and initiate enforcement proceedings if necessary.

The issue of a regularisation certificate in respect of the development to which the Deputy refers is the responsibility of Dublin City Council. The Minister understands that an application for a certificate was received on 8 February 2010 for the proposed fit-out of a retail unit located in an existing sheltered housing development at 105 Marewood Crescent, Ballymun, Dublin 11. This may be the development the Deputy has in mind.

On 15 February, the fire officer contacted the fire safety consultant dealing with the application with regard to incomplete documentation submitted, namely, the statutory declaration and the application form. On 17 February, additional information was received and is being assessed. The application is due for decision on or before 7 April. There is a statutory period of up to two months, which may be extended by agreement, for assessment of an application for a regularisation certificate. The council timescale is in accordance with the building code.

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