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

I thank the Deputy for raising this important issue which is understandably causing great distress for owners and residents at Beacon South Quarter. In general, building defects are matters for resolution between the contracting parties involved, namely, the home owner, the builder and the developer and-or its respective insurers, structural guarantee or warranty scheme. In this regard, it is incumbent on the parties responsible for poor workmanship and-or the supply of defective materials to face up to their responsibilities and take appropriate action to provide remedies for affected home owners.

It is important to clarify that my Department has no statutory role in resolving defects in privately owned buildings, including residential apartments, nor does it have a budget for such matters. I am not aware of any grants or State supports that have general application in such circumstances. Accordingly, the Department is not in a position to provide financial assistance towards the costs of remedial works that may be required where defects are identified in private developments. However, I certainly will raise the possibility of a tax rebate, as the Deputy suggested, with the Minister for Finance. It is something the residents should pursue in conjunction with the county council.

Under the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the building regulations rests with the designers, builders and owners of buildings. Enforcement of the regulations is a matter for the 31 local building control authorities which have extensive powers of inspection and investigation under the Acts. Neither I nor my Department has any role in regard to enforcement matters and cannot interfere in individual cases. In response to the many building failures that have emerged over the past decade, my Department introduced the Building Control (Amendment) Regulations 2014 which provide for greater accountability in respect of compliance with building regulations in the form of statutory certification of design and construction by registered construction professionals, lodgment of compliance documentation, mandatory inspections during construction, and validation and registration of certificates.

As the Minister, Deputy Coveney, informed the House two weeks ago, a new building control Bill is a priority for this Dáil term. That legislation will place the Construction Industry Register Ireland on a statutory footing and provide in law for the registration of builders, contractors and specialist subcontractors. We hope to bring the general scheme of the Bill to Cabinet by the end of February.

However, I realise this will not resolve the problems immediately facing the owners and residents of Beacon South Quarter. The issues that have emerged are a matter for the receiver to the developer, the owners and residents and their management company to resolve collaboratively or through such other avenues they consider appropriate. I hope the problems that have emerged can be brought to a successful resolution for all concerned. I am sorry we cannot offer greater help on this matter, but it is not a role of the Department to do so. However, I will talk to the local authority to see if there is any advice that can be offered to the residents. In addition, as I said, I will discuss the possibility of a tax rebate with the Minister for Finance. However, it is important that the residents and all involved should make their own case in this regard.

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