Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I thank Deputy Duffy, the Ceann Comhairle and the officials in the Houses for facilitating the deferral of the original debate on this Bill until today. I also thank Deputy Duffy for tabling his Defective Dwellings Bill for detailed scrutiny. It will not be opposed by the Government. From his opening contribution, I can see how committed Deputy Duffy is to this. We will respect that.

The Bill makes provision for the law relating to the liability of builders, developers and others involved in the carrying out of residential construction works; to specify certain requirements applicable to residential construction works; to provide for certain duties to apply to such works; to provide for a means of redress for persons affected by housing defects; to specify the limitation periods relating to claims for such redress; and to provide for related matters. The Government supports the principle underpinning the Defective Dwellings Bill 2021 that those responsible for the defects should be held accountable for fixing them. The Government also welcomes facilitating a means of redress for persons affected by housing defects. In this spirit, the Government will not oppose the Bill. However, as currently drafted the Bill has a number of technical and practical shortcomings that we believe need to be considered.

As set out, the Defective Dwellings Bill would provide for a means of redress for persons affected by housing defects. It would also extend the limitation periods relating to claims for such redress, thus providing increased opportunities for homeowners to resolve defects. While the Government supports this avenue for recourse it nevertheless recognises that taking legal action with regard to building or construction product defects can be expensive, time-consuming, complex and uncertain for individuals. As such the Government is of the view that reducing the risk of defects must remain a priority. From Deputy Duffy's contribution, I believe he would concur on this.

On initial assessment, while the Bill is rightly focused on builders, developers and subcontractors it fails to recognise the important and influential role of registered construction professionals such as architects, building surveyors and chartered engineers in residential design and construction. In addition, the Bill replicates some of the requirements set out in the existing building control legislation, the Building Control Act 1990 and regulations to 2020, particularly in respect of the use of proper products and materials, the competence of those carrying out construction works and the quality of workmanship.

The Bill also raises the issue of consumer rights with regard to defective products and materials. With respect to consumer protection, the Minister for Enterprise, Trade and Employment, Deputy Coveney, has a suite of significant redress and producer liability legislation that may apply to such construction products. The concepts and principles in the Defective Dwellings Bill 2021 would, therefore, need to be considered in the context of existing building control legislation and consumer protection legislation.

In general, building defects are a matter for resolution between the contracting parties involved, which are usually the homeowner, the builder, the designer, the developer or their respective insurers or both, structural guarantees or warranty schemes. However, in recognition of the difficult situation in which many homeowners have found themselves in recent years through no fault of their own, the Government has stepped in to support homeowners through a range of schemes and supports. These supports include the pyrite remediation scheme and the defective concrete block grant scheme, both of which are underpinned by legislation.

In addition, since the receipt of Government approval in January this year, my colleague the Minister, Deputy Darragh O'Brien, has been working to progress the various programmes of work required to establish supports on a statutory footing for the remediation of fire safety, structural safety and water ingress defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013. Work is under way to draft the required legislation, which will include the scope of eligibility conditions for the remediation scheme.

Reducing the risk of defects occurring in the first place must remain a priority. In this regard the building control reform agenda first introduced in 2011 in response to defects that emerged in the previous decade has brought to bear a new order and discipline on construction projects, in particular residential projects. It improves and reinforces cultural compliance with building regulations securing safe and healthy buildings.

The building control reform initiative is focused on ensuring strong and effective regulations in the building control system and the construction industry, and on improving compliance with building regulations. The measures began to be implemented in 2013. These include the implementation of the Building Control (Amendment) Regulations 2014, the creation of a national building control management project, the establishment of the National Building Control and Market Surveillance Office and the enactment of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022. The Building Control (Amendment) Regulations 2014 empower competent professionalism in construction projects and establish a chain of responsibility that begins with the owner. With certain limited exceptions, the owner must assign competent persons to design, build, inspect and certify the building works. These persons must, in turn, account for their roles through the lodgment of compliance documentation, inspections, plans and statutory certificates.

The national building control management project and the National Building Control and Market Surveillance Office provide oversight, support and direction for the development of standardisation in the implementation of building control as an effective shared service for the 31 building control authorities. The Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 develops and promotes cultural competence, good practice and compliance with the building regulations in the construction sector. The Act puts the Construction Industry Register Ireland on a statutory footing and aims to benefit consumers and the public by giving those who engage a registered builder assurance they are dealing with a competent and compliant operator.

The requirement to register will apply to builders of residential and non-residential buildings that are subject to building regulations. To further support the building control system, the Government is committed to establishing a building standards regulator to strengthen the oversight role of the State, with the aim of further reducing the risk of building failures and enhancing public confidence in construction-related activity. The Minister, Deputy O'Brien, is developing legislative proposals for the establishment of a building standards regulator.

The Government is acutely aware of the difficulties faced by people dealing with defects in their homes and commends the intention behind Deputy Duffy's Defective Dwellings Bill. The principle underlining the Bill is not opposed by the Government, as has been stated already. The issues raised merit further consideration through detailed scrutiny by the Oireachtas Joint Committee on Housing, Local Government and Heritage.

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