Dáil debates

Wednesday, 21 June 2017

Building Standards, Regulations and Homeowner Protection: Motion [Private Members]

 

8:35 pm

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I thank Members for their kind remarks. It has been a busy 24 hours for me and, I am sure, a busy week for the Minister, Deputy Murphy. For a start, with regard to the issue of the Construction Industry Federation developing legislation, there was a story published online last week but it was corrected later by that particular outlet. There is not legislation. Ultimately, it is the responsibility of the Oireachtas to debate and discuss any legislation anyway. As I understand it, that story was corrected later on.

With regard to other matters that were raised by different speakers in the debate tonight, I will turn to a few of them if I can. I thank Deputy Martin and the Green Party for raising the issue and the Social Democrats as well. It is very topical at the moment because of the devastating fire in Grenfell Tower in London, which is a stark reminder to all of us that we need to maintain a strong focus on compliance with building regulations, particularly the part B fire safety element of those regulations.

I will respond to a couple of issues raised by Deputies individually. The previous speaker, Deputy Murphy, spoke about taking in charge of estates. It is an area that will now come under my remit. There has been pretty significant improvement and an increase in the resources that have been given to local authorities across the country. However, there is still a backlog in some local authority areas, particularly in taking in charge. However, the delays have been reduced from what they were before. It is something that I will be arguing with other ministerial colleagues in order to ensure it continues to go in the right direction.

Deputy Mattie McGrath in a two-minute contribution managed to say that he wanted more regulation and less regulation at the same time. I do not know how that would particularly work. Deputy Fitzmaurice raised a very relevant issue with regard to the testing of new quarries to prevent pyrite. It is not something that I have heard before. The Deputy has left the Chamber now, but I am sure that myself, the Minister, Deputy Murphy, and officials will look at that.

Deputy Clare Daly spoke about the need for a State fund to be established to rectify efficiencies in buildings that have been built in the last 15 or 20 years.

There is the potential to remove liability from those who constructed those buildings in the first place. Ultimately, it has fallen to the taxpayer to rectify problems, a number of examples of which have been given, but it should not be the starting point. The starting point is that liability rests with those who constructed those buildings in the first place.

Deputies Ó Broin and Catherine Murphy spoke quite correctly about the importance of what we talking about in terms of a house. It is a home regardless of whether it is for an individual or a family. Indeed, as Deputy Murphy noted, it is the most significant investment most private owners will ever make. This is what makes these regulations and the discussion of them all the more important.

We cannot accept the motion as proposed by the Green Party and the Social Democrats because it is not accurate. It is not accurate to say that nothing has been done. It is certainly politically arguable to say that more should be done and more needs to be done, but it not accurate to say that nothing has been done. In light of the tragic event in London, all local authorities have been requested as a matter of urgency to review their multi-storey social housing units to ensure all early warning systems, including alarm and detection systems and means of escape, including corridors, stairways and emergency exits, are in place and functional. Action is being taken to alert the building industry and landlords to remain vigilant with regard to fire and life safety in buildings for which they are responsible.

Unfortunately, we are all too well aware of the many incidences of building failures or severe non-compliance concerns that have come to light over the past decade. The economic and personal consequences of these situations have been very significant. While in general, building defects are matters for resolution between the contracting parties involved and the State has no statutory role in resolving defects in privately owned buildings, it plays a vital role in maintaining an effective regulatory framework for building standards and building control.

Local authorities have extensive powers pursuant to the Fires Services Acts 1981 and 2003, which have been invoked effectively in recent years in a number of cases where concerns have arisen regarding fire safety in buildings. A number of initiatives have been introduced over recent years as part of a broad-ranging building control reform agenda. Taken together, these reforms have brought a new order and discipline to bear on construction projects and have created a culture of compliance with building regulations. It was through the Building Control (Amendment) Regulations 2014, SI 9 of 2014, that the key deficits identified in the system were addressed by empowering competence and professionalism in construction projects and establishing a chain of responsibility that begins with the owner. The owner must assign competent persons to design, build, inspect and certify the building works who, in turn, must account for their contribution through the lodgement of compliance documentation inspection plans and statutory certificates. The statutory certificate of compliance on completion is signed by both a registered construction professional and the builder and must be in place prior to occupation. It effectively represents a badge of approval reassuring owners of buildings that their building is compliant with the building regulations.

The building control management system, BCMS, was introduced with effect from 1 March 2014 to facilitate the electronic administration of building control functions and provides a common platform for clear and consistent administration of building control matters. The BCMS is subject to ongoing improvement to achieve further efficiencies and innovation in building control.

Strong and effective regulation in the building control system and the construction industry is essential to provide insurance underwriters with sufficient confidence to cover risks at prices which are sustainable and which the market can bear. Reform of the building control regulations in 2014 was welcomed by the insurance industry, and there is evidence that, since then, more construction related insurance products have become available on the market, such as the products which offer first party insurance cover for damage and non-damage related claims.

As part of the local government reform programme, a centralised structure is being created for the governance and oversight of the building control functions of local authorities through a shared service in a lead local authority. I again thank the Deputies who raised this topical and recently tragic issue for discussion. I thank those Deputies who participated in the crucial debate on this issue. I encourage the House to support the Government amendment.

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