Fergus O'Dowd (Louth, Fine Gael)

Following serious concerns regarding fire safety at Priory Hall, Dublin City Council acted quickly and withdrew its tenants from the development approximately two years ago. Private tenants were advised by the council at the time that serious safety concerns existed. Dublin City Council initiated legal proceedings on 17 August, 2010 in respect of compliance with fire safety regulations. The enforcement proceedings in this regard are still before the courts. Local authorities carry out statutory functions as fire authorities under the Fire Services Act 1981. A High Court order was granted on Friday, 14 October 2011 for the evacuation of the development at Priory Hall on the grounds that it is unsafe. Dublin City Council has made arrangements for the temporary accommodation of the affected residents. Pending the current court hearing, a stay has been put on the evacuation order until Thursday, 20 October 2011. The developer has committed to carrying out a schedule of necessary remedial works. Media reports state that the developer said yesterday that he has the money to carry out this work. The court has directed that the first phase of remedial works be completed by 28 November. All works on the development are to be completed by 31 January 2012.

When fire safety notices were issued on 3 September 2009, all owners-occupiers were issued a copy of the notice and advised of the seriousness of the situation. Dublin City Council is not responsible for covering any costs but due to the fact that the developer stated that he could not afford to pay for the tenants' temporary accommodation, the court ordered the council to pay the costs involved. In addition to concerns regarding fire safety, Dublin City Council has further concerns regarding compliance with planning permission and with the requirements in the building regulations. Two fire safety certificates were issued by Dublin City Council in respect of the development at Priory Hall on the basis of the plans and specifications submitted to it. Certificate A, which relates to the north block, was issued on 23 June 2004, Certificate B, which relates to the south block, was issued on 16 August 2004. Conditions were attached to the issuing of both certificates. The building was subsequently constructed not according to the plans and specifications approved by Dublin City Council. As a result, the building does not meet the requirements of the building control standards, nor is it in line with the conditions laid down in the fire safety certificates.

The Building Control Act 1990 clearly places responsibility for compliance with the building regulations on the owner of the building concerned and on the builder or developer who carries out the works. Enforcement of the building regulations is primarily the responsibility of the 37 local building control authorities, each of which has appointed a building control officer.

The Minister for the Environment, Community and Local Government, Deputy Hogan, indicated, on taking up office earlier this year, that he attached a high priority to consumer protection in the area of quality construction of new buildings. In July he announced a number of measures to be advanced by the Department and local authorities with a view to improving compliance with and oversight of the requirements of the building regulations. We expect significant progress to be made within 12 months. In broad terms the measures involve: the introduction of mandatory certificates of compliance by builders and designers of buildings confirming 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 better support and further development of building control functions nationwide.

All stakeholders in the industry agree that reforms are necessary. The regulations required to give effect to the introduction of mandatory certification are currently being prepared and will be the subject of industry and wider public consultation in the near future. The implementation of the other measures will be progressed by city and county managers, in consultation with the Department, in the context of the wider programme of achieving greater efficiencies in the local government system.

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