Phil Hogan (Carlow-Kilkenny, Fine Gael)

I propose to take Questions Nos. 10 and 29 together.

The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on clear legal standards as set out in the building regulations; detailed technical guidance documents to outline how these standards can be achieved in practice; the burden and responsibility for compliance resting first and foremost with developers-builders; a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and the responsibility for enforcing compliance with the building regulations resting with the 37 local building control authorities. Where a contract exists between the owner of a building, including a local authority in the case of certain publicly owned buildings, and the relevant builder-developer enforcement may also be a civil matter.

Local authorities already have extensive powers under the Building Control Acts which they can use to enforce compliance with the building regulations. The case at Priory Hall demonstrates that Dublin City Council is willing to use its powers for enforcing compliance with fire regulations when necessary and other local authorities have also used the courts to effect compliance with planning permissions, building regulations and fire regulations, all of which are critically relevant to the quality of the built environment. Results can also be achieved, and often are, through discussion and persuasion with the threat of legal action.

Clearly, however, there are steps that can and must be taken to improve compliance with, and oversight and enforcement of, the building regulations. That is why in July 2011, I announced a number of measures to be advanced by the Department and local authorities. They include 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; the lodgement of drawings at commencement and completion of construction, demonstrating how the building has been designed and built to comply with all parts of the building regulations; more efficient pooling of building control staff and resources across the local authority sector to ensure more effective 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 the building control function nationwide.

Mandatory certification, lodgement of drawings and improved inspection arrangements as outlined above are key reforms which, I believe, will have the capacity to improve the quality of buildings and will lead to further strengthening of the regulatory regime as early as possible in 2012. Professionals who are engaged by developers will be required to ensure that construction at least meets the legal minimum standards and there is an urgent need for the construction professions to deliver high standards and professionalism in the construction field.

See this speech in context