Ciarán Cannon (Galway East, Fine Gael)

In the past two days we have had a full and frank exchange of views on the role and functioning of the building control system. The legitimate questions and concerns raised naturally arise in the wake of high profile failures in the housing and construction sector in recent years which have been mentioned in detail again in this debate.

Many throughout the country are faced, through no fault of their own, with the stressful and distressing consequences of living in unfinished and underpopulated estates, in a building susceptible to the effects of pyritic in-fill materials, or in homes and developments subject to serious fire and safety risks arising from the failure of particular developers and professionals to abide by the requirements of the building, fire safety and planning codes. It may be convenient and even consolatory for some commentators to paint a picture of a light touch regulatory system in which the State has abdicated all responsibility and left housing and construction to the whims of unscrupulous developers who allow no meaningful input by construction professionals or the legal profession. That is not the case, however, and this debate has at least given the Government and the Minister, Deputy Phil Hogan, an opportunity to set out the factual position and balance the discussion on this critical matter. Importantly, the Minister opened the debate by setting out clearly the building control arrangements in place and explaining the roles and responsibilities of various parties. The State has a clear statutory framework for building controls based on clear legal standards set out in the building regulations, with detailed technical guidance documents outlining how these standards can be achieved in practice, with the responsibility for compliance resting primarily with developers or builders who engage professionals, as required, to ensure statutory requirements are met. Responsibility for enforcement rests with local authorities.

The Minister has indicated that he is committed to strengthening the building control system and has made substantial progress in this regard. In July last year he announced a number of measures to be advanced by the Department of the Environment, Community and Local Government and the local authorities, with a view to improving compliance with and oversight of the requirements of the building regulations. In broad terms, the measures involved the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the building regulations had been met. The lodgement of drawings at both commencement and on completion of construction demonstrates how a building has been designed and built to comply with all parts of the building regulations.

We will also have 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 will ensure nationwide consistency in the administration of building control functions, with better support and further development of the building control function nationwide. The proposed building control amendment regulations will provide for mandatory certification and the lodgement of drawings. These have already been the subject of public consultation which closed in recent weeks and some 500 submissions have been received, which indicates the degree of interest in and depth of feeling about this matter. The submissions are being reviewed by the Department with a view to having the proposed building control amendment regulations finalised and signed into law later this year. The other measures, to which I have referred, are relevant to more meaningful oversight of building activity by building control authorities and the improved functioning of these authorities; they are being advanced separately by local authorities in consultation with the Department in the context of a wider programme in achieving greater efficiencies in the local government system.

The Minister and the Department have a responsibility to guide and regulate development. However, there is a point at which it is up to the construction industry and its professions to take over and ensure planning, design and construction of the built environment are of the very highest quality. The proposed regulatory reforms, in the form of mandatory certificates and submission of drawings, will be finalised and signed into law in the coming months. They will provide a new context for the construction sector and construction professionals.

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