Phil Hogan (Carlow-Kilkenny, Fine Gael)

The statutory position on the construction of buildings, including dwellings, is set out in the Building Control Act 1990.

As Minister I have a responsibility to ensure that appropriate building regulations are in place setting 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 Act also provides for the publication of technical guidance documents outlining how the requirements of the building regulations may be achieved in practice. These responsibilities have been fulfilled and are not in dispute.

Compliance with the regulations is the responsibility of the owner or builder of a building. Enforcement of the regulations is the responsibility of the 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 but where the construction of a building is the subject of a contract between the client and the builder, enforcement is a civil matter.

I have no plans or powers to mobilise a task force to intervene along the lines suggested in regard to structural matters or possible remedial works. I doubt whether such a solution would be practicable given the complexities that would arise in relation to the private property rights of homeowners and the potential uncertainties that would arise regarding legal liability for the original works and the possible remedial works. I have no powers regarding the seizing of assets which is a judicial function that can only be exercised by the courts.

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