Joanna Tuffy (Dublin Mid West, Labour)
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Question 2: To ask the Minister for the Environment, Heritage and Local Government if he has been advised by local authorities of problems in new housing developments in which domestic water pipes froze during January 2010 due to the fact these pipes had not been laid correctly by developers; if his attention has been drawn to any such incidences; the steps he will instruct local authorities to take to ensure that new housing developments have satisfactory laying of domestic water pipes; and if he will make a statement on the matter. [9670/10]

John Gormley (Dublin South East, Green Party)
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The problem of frozen or burst water pipes in residential settings was raised with my Department following the onset two months ago of sustained low temperatures across the country.

My Department's recommendations for site development works for housing areas, recommend, among other things, that water mains pipes should have a standard minimum cover of 900 mm and that water mains pipe size and layout should be designed in consultation with the local authority. Provision for a standard minimum cover of 900 mm will ensure that water mains pipes are well below the frost level, which is 450 mm. In addition, technical guidance document G (Hygiene) of the building regulations provides that, in regard to bathrooms and kitchens in dwellings, the cisterns, service pipe and fittings, and any associated cold water pipes should be adequately protected against damage by frost.

My Department's policy guidance on taking in charge of residential estates states that planning authorities must adopt construction standards for residential developments that are acceptable to the planning authority for taking in charge and long-term maintenance, and that it should be a condition of planning permission that such standards be adhered to. The guidance further states that it is necessary for the planning authority to satisfy itself, when the developer of a residential estate has ceased construction or notified the planning authority that construction is complete, or after the planning permission has expired, that the development is properly completed in line with the planning permission and, where it is not properly completed, to take early and effective enforcement action.

Although I am satisfied that the appropriate policy measures are in place I have asked my Department to issue a circular letter to local authorities in order to remind them of their responsibilities in respect of this matter as outlined above.

Joanna Tuffy (Dublin Mid West, Labour)
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I thank the Minister for his reply. There is an issue here which has been raised by local and national media. On a local radio station a senior engineer, Mr. Brian Ross of Longford County Council, spoke about pipes not being laid properly. He said this was a major problem for the council because until they are able to take over the estates, dig up and relay the pipes householders may face this problem again. That is only one example. The Irish Independent raised the matter in connection with another issue about building regulations and asked whether there was compliance by builders and whether there were sufficient inspections. Ultimately, it is householders and taxpayers who pay for badly built new housing estates and badly laid water pipes.

The Minister set out the policy, the guidelines, the building regulations and so on. The problem is that the guidelines are not being adhered to. Perhaps it is the responsibility of the councils to inspect but do they have the capacity to do so? Obviously, they are not doing this in all housing estates and in every house. What is the Minister doing to ensure there are more inspections and enforcements? In the latest cold spell housing estates were identified where builders did not lay pipes properly. What action will be taken in respect of those builders?

John Gormley (Dublin South East, Green Party)
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The Deputy is referring to building control enforcement. Under the Building Control Act 1990 the national building regulations set minimum standards for all buildings, including dwellings, which must comply with the requirements of the building regulations with effect from 1 June 1992. The regulations apply to the construction of new buildings and material alterations, extensions or change of use of existing buildings. The Deputy will be familiar with the various parts of the building regulations. As a Department, we have set an inspection target of between 12% and 15% of all buildings covered by valid commencement notices. Our most recent statistics, covering the period from 1 January to 30 June 2009, show that all the building control authorities except Kilkenny met or exceeded the target, giving a general average of 28% of all buildings inspected. The data for the first six months of 2009 show that 2,349 building inspections were carried out, a marked decrease compared to the 11,034 inspections in 2008. The Deputy will know this is because of the slump in new building output. A total of 34 enforcement notices were served by the building control agency in 2008. Twenty were served in the first six months of 2009.

We are very much aware of this problem and are trying to ensure we meet those targets. I assure the Deputy that although it is not expected there will be any significant issue concerning the installation of pipes, we have looked at the issue and we know there is a problem because of what has come to our notice. We are being very vigilant in that regard. It is fair to say, however, that in regard to all new buildings we will ensure that maximum cover is given and that our building inspectors will do that.

Joanna Tuffy (Dublin Mid West, Labour)
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The Minister gave statistics for the number of inspections carried out. Does he have any in regard to compliance? When the Minister's party was in opposition, Deputy Trevor Sargent raised the issue of low compliance with building regulations, his view at the time being that this was very low. He said he had information from Sustainable Energy Ireland. That related to a different matter of compliance but obviously reflects on compliance in other areas too. Does the Minister have any statistics with regard to actual levels of compliance?

Will he ask local authorities to take action against builders of estates who were discovered in the recent cold spell to have laid their pipes too low? Will he urge that action be taken in regard to the developers and housing estates in question?

Is the Minister considering amending the building regulations to make builders supply items such as rainwater or greywater tanks or dual flush cisterns? Will he ask that more be done in respect of water conservation in upcoming building regulations?

John Gormley (Dublin South East, Green Party)
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I shall answer the last part of the question first. This is something we want to look at. As the Deputy knows, we already altered the building regulations in order to ensure we have the highest energy efficiency standards. We have increased them from 40% to a greater energy efficiency of 60%. We want to go to carbon neutrality. Related to that is the entire issue of water conservation. I want to look at that issue and the Deputy is right to point it out. Despite what we may all think and despite the fact it falls from the skies, treated water is a very scarce resource. The idea behind rainwater harvesting is that such water can be used, not for drinking purposes but for watering the garden or washing the car, or whatever, and therefore treated water need not be used. I am looking at this issue and I hope we can ensure all new buildings will have facilities to conserve water.

In addition, the Deputy may know we have changed the regulations to ensure there are dual-flush toilets. That also has the effect of conserving water.

In the first part of her question, the Deputy asked whether local authorities will take action against developers. This is primarily a matter for the local authorities but in my discussions with managers I shall raise the matter to investigate whether they are taking appropriate action against what we might call rogue developers, or those who have not complied properly with their obligations.