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

In general, building defects are matters for resolution between the contracting parties involved: the homeowner, the builder, the developer and-or their respective insurers, structural guarantee or warranty scheme. In the case of multi-unit developments, the legislative position is clear on where responsibilities rest. Under the Building Control Acts, 1990 to 2014, primary responsibility for compliance of works with the requirements of the building regulations rests with the owners, designers and builders of buildings.

When a building is constructed and occupied, statutory responsibility for safety is assigned by section 18(2) of the Fire Services Acts, 1981 and 2003, to the "person having control" of the building. In multi-unit developments, the "person having control" is generally the owner management company. Under the Multi-Unit Developments Act 2011, the owner management company must establish a scheme for annual service charges and a sinking fund for spending on refurbishment, improvement or maintenance of a non-recurring nature of the multi-unit development.

In the aftermath of the Grenfell Tower tragedy in June 2017, a task force was established to lead a reappraisal of our approach to fire safety in Ireland and recommendations arising from the report of the task force to enhance fire safety are currently being implemented. Additionally, in response to the building failures that have emerged over the past decade, my Department has advanced a robust and focused building control reform agenda. This work, including amendments to the building control regulations and the development of new legislation through the building control (construction industry register Ireland) Bill will continue to be progressed in 2019.

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