Damien English (Meath West, Fine Gael) | Oireachtas source

I thank Deputy Cullinane for raising this issue. I acknowledge the extremely difficult and distressing situations that certain home owners in Waterford are facing on account of defects in their homes. I understand that Waterford City and County Council is liaising with the residents of the Ceol na Mara development on an ongoing basis in an effort to be of support and assistance to residents at this difficult time.

Part B of the building regulations sets out the statutory standards of fire safety that apply when a new building is constructed to ensure the safety of persons in and about the building. Compliance with the building regulations is first and foremost the responsibility of the owners, designers and builders of the building concerned. As the Minister, Deputy Coveney, has stated previously in an answer to the Deputy's parliamentary question, which he did not like, we have no function in assessing, checking or testing the compliance or otherwise of specific works or developments in this situation.

Remediation of defects is a matter between the parties concerned, the current owners and the builder-developer, their agents and their insurers. This applies also where the owner is a local authority or an approved housing body, both of which are relevant in the context of a number of properties at Ceol na Mara. In this regard, I understand that appropriate measures are being put in place by the local authority and the approved housing body to address any defects within the development's social housing units. If a satisfactory resolution cannot be achieved through dialogue and negotiation, the option of seeking civil legal remedy may be considered. It is understood that the builder-developer in this instance is in receivership and it is therefore important that the receiver is notified of any liabilities at the earliest possible opportunity, which I understand from the Deputy may have happened already.

The local authority's overriding concern in these matters is one of public safety, and its statutory functions under planning, building control, fire safety and housing legislation relate to the enforcement of compliance with statutory obligations. The local authority is not responsible for undertaking remedial works in private dwellings. Nevertheless, its advice and support can be helpful in such situations and, as Minister, I expect Waterford City and County Council to continue to do whatever is reasonable and appropriate to support the residents at Ceol na Mara. I would also urge all concerned to co-operate fully with the local authority in carrying out its statutory functions.

The development at Ceol na Mara in Kill, County Waterford, was completed in 2008, and that developer is currently in receivership. The development consists of 50 semi-detached timber-framed houses of which 28 are privately owned and 22 are social houses. My Department understands that the dwellings may have a range of defects, including inadequate fire stopping. Public meetings and information sessions were arranged by Waterford City and County Council in April 2016 and home owners were given advice on fire safety and provided with smoke alarms and other information.

The Deputy will recall that last year the Minister's predecessor, Deputy Alan Kelly, in the interests of supporting the owners and residents living in developments where concerns regarding non-compliance with fire safety requirements have arisen, announced that a review would be undertaken by an independent fire safety expert to develop a framework for general application in such situations. It is intended that the framework will facilitate local authorities, residents associations and individual home owners who may be in such situations to assess properly the risks they face and to put in place practical and sensible measures to minimise any potential risks in advance of remediation. The independent fire safety expert has completed this task and the report on the matter is currently being considered in my Department with a view to publication shortly. I hope we will discuss that report in the House in the near future.

To answer some of the specific questions the Deputy asked about the standards and regulations that were set, as he knows, this development was constructed in 2008 under a previous set of regulations and enforcement procedures. The previous Fine Gael and Labour Government put in place a new range of regulations, mechanisms and standards to control and monitor the situation in respect of the building of houses. That will change the type and standard of houses that will be built and, as a result, people will be provided with a much better house. It is a shame those standards were not in place in the past, but they are in place now and it is hoped situations such as the one raised by Deputy Cullinane will be prevented from arising in the future. I understand that does not help the residents referred to by the Deputy, but I am answering the specific question he asked about new regulations. The Department of the Environment, Community and Local Government did a lot of work on bringing forward the changes that took place in the past four or five years and it is hoped they will help to raise the standard of houses built in the future.

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