Brian Stanley (Laois-Offaly, Sinn Fein)
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Question 2: To ask the Minister for the Environment; Community and Local Government with whom the responsibility lies for the enforcement of building control standards in the situation in which the developer, having completed the development, has clearly not been in compliance; and if he will outline the way this process should operate. [37872/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Under the Building Control Act 1990, responsibility for compliance with the building regulations is a matter for the owner-builder of a building and enforcement of the building regulations is the responsibility of the 37 building control authorities. The resolution of problems arising between building owners and builders is a matter for the parties concerned, namely, the building owner, the relevant developer and the builder's insurers. Where the construction of a building is the subject of a contract between the client and the builder, enforcement is a civil matter.

Building control authorities are empowered to carry out inspections and initiate enforcement proceedings to ensure compliance. In addition to prosecution on indictment in the Circuit Court, building control authorities can bring summary prosecutions for all building code offences in the District Court and have wide powers to make application to the High Court to secure orders where buildings do not comply with the requirements of the building regulations.

Brian Stanley (Laois-Offaly, Sinn Fein)
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This is a huge emerging problem across the State, with buildings and developments clearly not in compliance with building control standards. With regard to compliance, it is accepted that developers, their agents and architects are responsible for compliance. They must sign off on, and stand over, compliance with building control standards. The problem arises where it is clear that the building control standards have not been met. Where the developers are still in business, I find they are washing their hands of the problem. Receivers are also washing their hands of the problem. People are living in apartments that will probably have to be knocked down. I have seen some of these apartments. It is clear that self-regulation has not worked. Most people are agreed on that. Local authorities were inspecting between 10% and 15% of developments as they were being built during the years of madness.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Deputy put his question?

Brian Stanley (Laois-Offaly, Sinn Fein)
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Can I take it from the Minister that where the inspection regime and compliance have failed, the function of enforcement rests with the local authority? The evacuees from Priory Hall have repeatedly sought a meeting with the Minister. I believe it is a reasonable request, without prejudice to any outcome. Will the Minister finally agree to meet them in the context of the review of the building regulations?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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First, I cannot meet the people from Priory Hall or any other development that is subject to court proceedings. When the court proceedings are concluded I might be in a position to meet people but I cannot do it before then.

I agree with Deputy Stanley that this is a looming problem, not just in Priory Hall but in other areas. There is general agreement now that a more rigorous enforcement regime is required. That is why in July of this year, before any matters relating to Priory Hall arose, I initiated a review of the building regulations and I will introduce mandatory certification of compliance by builders, and designers of buildings, confirming that the statutory requirements of the building regulations have been met. We put trust in professional people to do this job for the State in a devolved way, and it has not happened. More efficient pooling of building control staff and resources across the local authority sector is also required where we can target the areas in which we need more enforcement. A standardised approach with common protocols nationwide must be taken to ensure that people across the local authority sector, and across the professional organisations, will be in no doubt about their responsibilities.

Brian Stanley (Laois-Offaly, Sinn Fein)
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I am disappointed in regard to Priory Hall but I hope the Minister's Department is doing everything possible to try to bring about a resolution to that problem.

In terms of where the inspections have fallen down, in most cases local authorities had a part-time person employed to carry out a building control function. Most of them had other jobs as well. It is basically a 19 and a half hours a week job but regarding local authorities, there are two local authorities side by side. In the case of Laois County Council, it is forcing builders who have not complied with building control regulations to do so, and it is taking measures to enforce that. Offaly County Council, on the other hand, seems to be questioning whether it is its role to do that. It appears to be dealing with this problem at arm's length and is questioning the legal basis for it. Will the Minister indicate if the same applies in that case because an estate in Portarlington, Riverside, is clearly not in compliance with the building control regulations? The residents are trying to get some resolution, as is the case in Priory Hall. That case is under the jurisdiction of Offaly County Council. Does Offaly County Council have to step in and enforce those regulations where there has been failure to comply?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I assure Deputy Stanley that the implementation of the Building Control Act is the same for every local authority. On the basis of the Deputy's response to my reply I will send out a further reminder to local authorities that they must uniformly apply the standards and the legal impact of the Building Control Act in regard to all of these developments. The issues relating to the review of the Building Control Act are out in public consultation and I will be bringing in new measures of enforcement and new responsibilities on a mandatory basis in 2012.

Clare Daly (Dublin North, Socialist Party)
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Question 3: To ask the Minister for the Environment; Community and Local Government in view of the epidemic of problems facing tens of thousands of home owners following the housing boom including pyrite related structural damage, inadequate foundations, inadequate fire protection, water ingress through faulty construction, sound transfer through party walls, drainage problems, unfinished estates and many other failures to comply with the building regulations and in view of the fact that developers, contractors, management companies and insurers are refusing responsibility for the cost of remedial works, if he will establish a task force of unemployed engineers, architects and skilled construction workers to complete the necessary remedial works and invoke the constitutional public interest provision to pay for these works by seizing the assets of parties refusing to honour their contractual responsibilities. [37878/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The statutory position on the construction of buildings, including dwellings, is set out in the Building Control Act 1990.

As Minister I have a responsibility to ensure that appropriate building regulations are in place setting out the legal requirements for the design and construction of new buildings, including houses, extensions and material alterations, and certain changes of use of existing buildings. The Act also provides for the publication of technical guidance documents outlining how the requirements of the building regulations may be achieved in practice. These responsibilities have been fulfilled and are not in dispute.

Compliance with the regulations is the responsibility of the owner or builder of a building. Enforcement of the regulations is the responsibility of the local building control authorities who are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. The resolution of problems arising between building owners and builders is a matter for the parties concerned, namely, the building owner, the relevant developer and the builder's insurers but where the construction of a building is the subject of a contract between the client and the builder, enforcement is a civil matter.

I have no plans or powers to mobilise a task force to intervene along the lines suggested in regard to structural matters or possible remedial works. I doubt whether such a solution would be practicable given the complexities that would arise in relation to the private property rights of homeowners and the potential uncertainties that would arise regarding legal liability for the original works and the possible remedial works. I have no powers regarding the seizing of assets which is a judicial function that can only be exercised by the courts.

Clare Daly (Dublin North, Socialist Party)
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The Minister seems to be suggesting that the current crisis has nothing to do with him. I suggest that if he continues to adopt that attitude he is facilitating what is a human and social disaster. Priory Hall residents were outside the gates of Leinster House today. They thought the works on their homes would be completed by Monday but as of today, nothing has been done to deal with the fundamental structural problems in their homes. There are the cases we have mentioned already here about pyrite. Tens of thousands of timber frame houses have been built without adequate ventilation which has resulted in humidity that is rotting the timber. All of that is going on. Residents expected they would get a remedy, be protected by the building regulations or that insurance companies would deal with those crises but nobody is dealing with them. Every agency is kicking the issue to the other and the Minister seems to be adding himself to that pot, so to speak. That is not good enough. This is an emergency.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Does the Deputy have a question?

Clare Daly (Dublin North, Socialist Party)
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Yes, I have. The Minister has not intervened enough. He said it is his responsibility to deal with the regulations. The regulations have contributed to the situation we are in now. The Minister has a role in that and I would like to hear more about what he intends to do about it.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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It is a matter for Dublin City Council to enforce the regulations, and that is what it is doing. The issue is before the courts, and I cannot intervene in law. I will not break the law for anybody. I am keeping a close watch on developments in the courts but I cannot intervene at this stage.

A robust system of building control exists, and that is demonstrated by the Priory Hall case where the local authority is successfully using its powers, although I accept not fast enough. I would like to see the regulations implemented much more quickly and appropriately but when we are in a court situation to ensure that ultimately people get their rights, it is very difficult. It is unfortunate that the defective work carried out by the builder is responsible for the fact that we have residents in the traumatic situation in which they find themselves, through no fault of theirs. I assure the Deputy that when the court proceedings are concluded I will be taking a more active role to see what we can do to assist Dublin City Council, and the residents in particular who are the people of whom we are most mindful, and that we will be in a position to move but I hope that the court proceedings would end quickly.

Regarding the pyrite problem, the Deputy is aware of the panel I established and I understand she met the panel. I appreciate that she did that and gave them the benefit of her expertise and experience, and outlined some of the cases with which she is dealing. I expect to get a report from the panel chaired by Mr. Tuohy in January.

Clare Daly (Dublin North, Socialist Party)
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It is clear we do not have a robust system in place. The reality is that the houses of tens of thousands of people are literally falling down. To say it is a legal issue is not good enough. We have regulations but the Minister does not have the staff on the ground to implement those regulations. At the height of the boom there were two building enforcement officers in north Kildare, one of the fastest growing areas, and a similarly small number in Fingal. Since then we have had fewer staff, and we have lost many staff in local authorities. How will these regulations be enforced? There is no answer to that question. The victims are the people whose houses are falling down and the cost to society will be far greater unless we intervene now.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I share the Deputy's concern about the people who are affected by this, and I am doing something about it. Long before any Priory Hall problem erupted, in July this year, after three months in office, I authorised a review of the building regulations. They are out in public consultation, and we will be implementing them early in 2012. That process will introduce mandatory certification of compliance by builders, not the haphazard approach we had previously. Those professional bodies should have been much more engaged in ensuring that the membership of those professional bodies, in a devolved way, exercised the trust this Parliament and Dublin City Council gave them. We must have more efficient pooling of staff and resources to target the areas about which the Deputy spoke to ensure there is proper enforcement and implementation of the building regulations and a standardised approach and common protocols across the local authority sector, as already stated by Deputy Stanley.