Phil Hogan (Carlow-Kilkenny, Fine Gael)

Under the Building Control Act 1990, responsibility for compliance with the building regulations is a matter for the owner-builder of a building and enforcement of the building regulations is the responsibility of the 37 building control authorities. 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.

Building control authorities are empowered to carry out inspections and initiate enforcement proceedings to ensure compliance. In addition to prosecution on indictment in the Circuit Court, building control authorities can bring summary prosecutions for all building code offences in the District Court and have wide powers to make application to the High Court to secure orders where buildings do not comply with the requirements of the building regulations.

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