Martin Mansergh (Tipperary South, Fianna Fail)

The Minister for the Environment, Heritage and Local Government, Deputy Gormley, would like to thank Deputy Broughan for raising this important matter which was also addressed in a parliamentary question on 20 April 2010.

Specific responsibility for the planning and delivery of the North Fringe development rests with the local authorities involved, Dublin City Council and Fingal County Council. The North Fringe Framework Development Plan, which was prepared by Dublin City Council in 2000, sets out the objectives for the area, the site context and the urban design framework. The plan emphasises the need for a quality bus service and the provision of community facilities, including schools, a library, sports facilities and public spaces, which will serve the anticipated 30,000 people who will ultimately live in the area. Planning permissions in the North Fringe have been granted in line with the framework plan.

While the overall roll-out and timing of these private developments is guided by the demand for housing and other market forces, it is clear that the provision of the community facilities mentioned, in tandem with the housing development, is seen as key in the development of the area. In this regard the Department of the Environment, Heritage and Local Government understands that a North Fringe cross-authority agency forum has been established to monitor progress in the North Fringe. Membership includes senior officials from the two councils, representatives of local residents' groups and from statutory bodies such as the HSE, the Department of Education and Skills, the Garda Síochána and public transport providers.

The national building regulations set out the legal requirements for the design and construction of new buildings, including houses, extensions and material alterations and certain changes of use of existing buildings. The related technical guidance documents provide technical guidance on how to comply with the regulations.

Compliance with the regulations is the responsibility of the owner or builder of a building. Enforcement of the regulations is the responsibility of the 37 local building control authorities who are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. The resolution of problems arising between building owners and builders is a matter for the parties concerned, namely the building owner, the relevant developer and the builder's insurers. Where the construction of a building is the subject of a contract between the client and the builder, enforcement is a civil matter.

The Minister has, on a number of occasions, addressed the position regarding the use of pyrite in house construction. It is worth re-stating that the Department of the Environment, Heritage and Local Government acted very promptly once this issue was brought to its attention in mid-2007. It brought the matter to the attention of all building control authorities and requested co-operation in the enforcement of the relevant requirements. The Department has incorporated a National Standards Authority of Ireland, NSAI, new amended standard recommendation on the use of aggregates as infill for civil engineering and road construction work into the relevant technical guidance document of the building regulations. The Department also notified all key stakeholders of the provisions of the amended technical guidance document.

Similarly, the position in regard to fire safety concerns at an apartment complex was set out in reply to an Adjournment Debate matter on 8 December 2009. Compliance with the building regulations is kept under constant review by the Department of the Environment, Heritage and Local Government. The Minister expects to receive shortly, from the Building Regulations Advisory Body, established under the 1990 Building Control Act to advise him on matters relating to building regulations, a report on enforcement of the regulations. It is anticipated that this will be an important input to his Department's ongoing consideration of the building regulations regime.

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