Ciarán Cannon (Galway East, Fine Gael) | Oireachtas source

I thank Deputy Crowe and Deputy Daly for raising this matter of such acute public concern. On behalf of the Minister, I want to acknowledge the difficult and distressing situation being faced by the residents of Foxford Court who, through no fault of their own, find that the homes they have invested in do not comply with the minimum statutory requirements in regard to fire safety. Contrary to inaccurate media reports, it is important to note that no evacuations have been ordered or have taken place at Foxford Court. The development is being monitored by fire safety officers and the question of evacuation is unlikely to arise.

Compliance with the building regulations is a matter, in the first instance, for the owner-developer. Enforcement is a matter for the building control authority, in this case South Dublin County Council, or, in regard to fire safety, the fire authority, in this case Dublin City Council. Where difficulties arise, remediation is ultimately a matter between the parties - that is, the developer, the developer's agents and insurers, on one hand, and the buyers, their agents and the owner's management company on the other hand - subject to the terms of any contracts entered into by the parties.

Foxford Court consists of 52 housing units developed as an affordable housing scheme. Eligible applicants purchased the properties by private sale, having fulfilled the criteria for eligibility under the affordable housing scheme. It is understood that "opinions of compliance" were provided by the developer and their agents in regard to the sale of the dwellings at Foxford Court.

In response to concerns raised by residents, South Dublin County Council has advised the residents of its obligations under the planning, fire safety and building control codes. It has advised that the management company contact the developer in regard to the remediation of defects and deal with the chief fire officer to agree a strategy to address the issue. The chief fire officer may also advise on risk assessment and mitigation measures. It is understood that the problems include inadequate fire-stopping provision between dwelling units and failure to fire-seal around service pipes.

South Dublin County Council is in possession of three units at Foxford Court. These have recently been inspected by council staff and will require remedial work to achieve compliance with the approved fire safety certificate. As owner of these properties, South Dublin County Council will remediate these units and it has indicated its willingness to share relevant information with the management company.

The Minister for the Environment, Community and Local Government is committed to ensuring that local authorities use the powers available to them under the various planning, fire safety, housing and building control Acts to assist residents who, through no fault of their own, find themselves in the stressful and distressing situation of coping with a home that is not compliant with the fire safety requirements and building standards. Local authorities across the country have been proactive in addressing such problems to date and, on behalf of the Minister, I urge South Dublin City Council to engage proactively with all stakeholders to work towards a resolution in the case of Foxford Court.

The Minister agrees with Deputy Crowe on the need for new building control legislation to ensure compliance with fire safety standards. In this regard, following extensive public consultation, he will shortly announce stringent new building control regulations which will require in regard to building works commencing on and after 1 March 2014: the submission of compliance drawings and documentation with local building control authorities; an inspection plan to be drawn up and executed during construction by a registered professional, who will be known as the assigned certifier; and mandatory certificates of compliance to be signed by the designer prior to construction and by the assigned certifier and builder when a building is complete. The introduction of statutory certification, backed up by the lodgment of compliance drawings and inspections during construction by registered professions, is a key consumer protection measure, and an important element in the pursuit of an improved culture of building control.

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