Jan O'Sullivan (Limerick City, Labour)

I am responding on behalf of the Minister, Deputy Hogan. I may not be able to answer all the questions today but I will certainly revert to the Deputy on those I am unable to answer in so far as that is possible.

I understand that Dublin City Council, through Dublin Fire Brigade, was notified by the developer of a construction defect in some properties at the Belmayne housing complex on 19 January 2012. The developer, acting responsibly in consultation with his fire engineer, consulted the local authority and undertook to carry out remedial works to all affected properties. The fire officer carried out an inspection and determined that remedial action was necessary and timely. Having regard to a number of alternative fire safety controls within the complex which are all functioning and subject to a regular maintenance programme, the fire officer was satisfied that evacuation was not called for. Further inspections were carried out by the fire office on a number of vacant units after which the fire officer was satisfied the remedial works proposed will remedy the defect. Remedial works have already begun, and are likely to take up to one week for each affected apartment.

Clearly this is a stressful and distressing situation for the residents concerned. Residents will be offered alternative accommodation in Belmayne or nearby for the few days while the repairs are being carried out on their apartments, to minimise the inconvenience to them caused by dust and noise.

Dublin City Council and the fire consultants for the developer have agreed on the necessary remedial works. These will involve inserting fire-proof board to seal a 75 mm gap in the voids above ceilings and the removal of service ducts to be rebuilt with full fire-proofing construction. A project manager has been assigned to oversee the works with the assistance of two superintendent inspectors, clerks of works. Works on all the affected apartments are expected to be completed within three months.

Compliance with the building regulations is first and foremost the responsibility of the building owner and developer. Enforcement is a matter for the local building control officer in whose functional area the relevant building is situated. Neither the Minister nor the Department has any direct role in enforcement.

The responsible parties in this case are facing up to their obligations in carrying out remediation works and bearing that cost together with the costs of relocating residents. This is clearly not a similar situation to that in Priory Hall.

With regard to Priory Hall, the legal proceedings are continuing and it would be inappropriate to anticipate their conclusion. In particular, the appeal by Dublin City Council against the court order to pay the costs associated with providing alternative accommodation for the residents will be heard by the Supreme Court on 24 April 2012.

The overriding priority in relation to Priory Hall is to facilitate the return by residents to their homes as early as possible. In this respect, it will be necessary to ensure that these homes are made fit for purpose and that the costs of so doing fall where they should. I have asked Dublin City Council to do all within its power to achieve this objective. My Department will continue to liaise closely with Dublin City Council on the evolving circumstances at Belmayne and Priory Hall.

We all share the Deputy's concern about the effect on the residents in both estates. I hope the people of Belmayne will be reassured that they will have to leave their homes only for a relatively short period.

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