Dáil debates

Thursday, 20 October 2011

Priority Questions

Building Regulations

4:00 pm

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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Question 5: To ask the Minister for the Environment; Community and Local Government the action he will take to support the residents of Priory Hall, Donaghmede, Dublin, who have had to evacuate their homes due to the totally inadequate fire safety and bad construction; if he will carry out an urgent review and reform of building and fire regulations and inspection regimes, ending self regulation; and if he will make a statement on the matter. [30671/11]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Following an application by Dublin City Council, a High Court Order was granted on 14 October 2011 for the evacuation of the development at Priory Hall on the grounds that it is unsafe. My Department understands that, following a further hearing on 17 October 2011, a stay has been put on the evacuation order until 20 October 2011, and that the developer has committed to carrying out a schedule of necessary remedial works in the coming weeks. Dublin City Council has also made arrangements for the temporary accommodation of the affected residents.

The events of the past week have come on the back of more than two years of enforcement activity and discussions with the developer. It is an extremely distressing and stressful situation for the residents at Priory Hall who, through no fault of their own, have had to struggle with the consequences of building defects.

I attach high priority to consumer protection in the area of quality construction of new dwellings. That is why I announced in July 2011 a number of measures to be advanced by my Department and local authorities with a view to improving compliance with, and oversight of, the requirements of the building regulations.

In broad terms the measures will involve: the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the building regulations have been met; more efficient pooling of building control staff and resources across the local authority sector to ensure more effective and meaningful oversight of building activity; standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions; and better support and further development of the building control function nationwide.

Implementation of these measures is being advanced as quickly as possible in consultation with the relevant stakeholders.

5:00 pm

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I acknowledge the presence of two of the Priory Hall residents in the Visitors Gallery. Last week they were made refugees in their own country because of the unscrupulous and disgraceful developers, Coalport, and totally inadequate planning laws. Has the Minister met the Dublin City Council manager or the city housing manager to address the housing needs of these residents? I understand the Minister's point regarding the action Coalport is supposed to take. However, it is a very serious situation.

What does the Minister know of the proposed arrangements with NAMA? Can he take action to ensure the cost of renting NAMA properties is not borne by the residents or the city council but by Coalport? Is the Minister aware that Dublin City Council is carrying out the building investigation into Priory Hall? This was promised to conclude in three weeks' time. Will the Minister ask the council to ensure it will be concluded and the report published in this promised timeframe?

The situation for people with mortgages on apartments in Priory Hall is dire. How will their plight be addressed? Will the Minister agree to meet residents to discuss this and all other issues, and will he keep a hands-on approach? What action will he take to reform the planning, building and fire safety laws and end so-called self-regulation? He mentioned some actions but it is important to have proper inspection of buildings to prevent such a scandal ever happening again.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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A robust system of controls does exist. That is why Dublin City Council has been trying for two years to oblige the developer involved in this case to carry out certain works in order to ensure the building met fire compliance standards. The developer chose to ignore the council's directions in this regard. As a result, the latter had no option but to take the matter before the courts in August 2010. I appreciate the courts system is somewhat slow. However, the local authority, which has a devolved function in this case, acted as quickly as possible. I expect it will publish the report in three weeks' time.

As the Deputy is aware, the unfortunate residents who have been caught up in this situation through no fault of their own are in temporary accommodation. NAMA has made a schedule of properties known to Dublin City Council, not the Department of the Environment, Community and Local Government, in respect of this matter. I will continue to do everything in my power to facilitate the actions undertaken by the council to provide, in so far as is possible, the residents with assistance in order that they might overcome the trauma which has been visited upon them. I will also do everything in my power to ensure the developer who caused this problem will be brought to book and that the High Court proceedings, which are ongoing, will be concluded as quickly as possible in order that there might be certainty with regard to improvements required in respect of this particular building. We must ensure the families involved will be able to return to permanent, independent living accommodation as quickly as possible.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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The Minister stated there is a robust system in place. It is my experience that this system is paper-driven rather than being based on inspections. The position is similar in respect of many local authorities. There are many problems with housing schemes and developments throughout the country. This is true of the area in which I live, north-west Dublin, where the system relating to the policing of developments was extremely lax. There is a need to tighten up the system and to adopt a hands-on approach. In that context, it is extremely important that physical inspections should take place.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I agree with Deputy Ellis. It is important that such inspections should take place. That is why, before any of the difficulties relating to Priory Hall began, I was taking action under the Building Control Acts. I am changing the system as quickly as possible but there is a need for some consultation with the relevant stakeholders in order to ensure we get it right. We are determined to get it right and all local authorities may rest assured that a mandatory certification process will replace the self-regulation model which obtained in the past.