Willie Penrose (Longford-Westmeath, Labour)

The Minister for the Environment, Community and Local Government would like to thank Deputy Broughan and Deputy Kenny for raising this important matter. I know they have long-standing interests in this ongoing issue.

The Government is acutely aware of the difficult and distressing situations faced by many homeowners and tenants today, who through no fault of their own, are dealing with the consequences of unfinished estates, pyrite problems and other building defects. Specific responsibility for the planning and delivery of the north fringe development rests with the local authorities involved, namely, 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. Under planning legislation, the decision on whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance, in this case Dublin City Council, and for An Bord Pleanála in the case of an appeal. I understand that planning permission for mixed use development was granted by the Council on 19 November 2003, subject to a number of conditions. It is clearly the responsibility of the developer to implement planning permission and to comply with any conditions attaching to that permission.

Enforcement of planning control is a matter for the council which can take action, inter alia, where the terms of a permission have not been met. I understand that there are ongoing legal proceedings being taken by Dublin City Council regarding compliance with this permission. I have no role in the matter.

In addition, 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, which are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. Where building defects occur, their remediation is a matter for the parties concerned, namely the building owner, the relevant developer and the builder's insurers, in line with any contractual arrangements agreed between the parties. The general position regarding the use of pyrite in house construction has been set out comprehensively in replies to previous parliamentary questions, most recently on 26 May 2011.

The remediation of homes affected by pyrite is also a matter for the parties concerned, and enforcement is essentially a civil matter. I understand that following civil proceedings regarding homes affected by pyrite in north Dublin, a final settlement was reached and a trust fund established by the developer concerned. In the case of James Elliott Construction Limited v Irish Asphalt Limited, the judgment issued on 25 May 2011 found Irish Asphalt Limited liable for the supply of defective filler material which was not fit for purpose.

Since taking up office, the Minister for the Environment, Community and Local Government has clearly signalled that consumer protection in the area of quality construction of new dwellings is a priority matter. In this regard, the Minister is currently considering proposals to reform the building control system. These proposals include the introduction of mandatory certificates of compliance by builders and designers of buildings demonstrating that the statutory requirements of the building regulations have been met; more efficient pooling of building control staff and resources across the local authority sector to ensure more effective and meaningful oversight of building activity; standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions; and measures for the support and further development of the building control function nationwide.

The Minister is determined to strengthen the building control system in order to ensure that problems currently being experienced are not repeated. The Deputies raised a number of important issues this evening, and I will request the Minister to raise them with Dublin City Council and ascertain the current position.

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