Dáil debates

Wednesday, 30 November 2011

3:00 pm

Photo of Martin FerrisMartin Ferris (Kerry North-West Limerick, Sinn Fein)
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Question 7: To ask the Minister for the Environment; Community and Local Government the progress that has been made in the commitment to introduce a single national building inspectorate service; if this inspectorate will include fire safety; and if it will be answerable to local authorities. [37555/11]

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 19: To ask the Minister for the Environment; Community and Local Government the steps he is taking to ensure that records of snag inspections are correct and that they are carried out on properties which require them and results filed in an appropriate timescale. [37751/11]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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Question 22: To ask the Minister for the Environment; Community and Local Government if he will consider a licence system for home builders together with a national register; and if he will make a statement on the matter. [37431/11]

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Question 31: To ask the Minister for the Environment; Community and Local Government his views that it is of the utmost urgency to introduce legislation that establishes a new fire safety inspectorate and certification regime and which makes it mandatory for builders and architects to provide evidence of compliance with building regulations including fire standards. [37556/11]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 7, 19, 22 and 31 together. In July 2011, I announced several 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, which include the streamlining of inspection arrangements on a regional basis, 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 throughout the local authority sector to ensure an 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 nationally. The mandatory certification and improved inspection arrangements outlined above are key reforms which, I believe, will have the capacity to improve the quality of buildings and will lead to further strengthening of the regulatory regime as soon as possible in 2012.

The local government efficiency review group recommended in its report in July 2010 that a single building inspectorate service could be established on a regional basis to streamline the approach to the inspection of property. The matter is being kept under review in the context of the ongoing actions taken at Department and at local authority levels to further the development of the building control function.

The Building Control Act 2007 provided for the registration of persons entitled to the use of the titles of architects, quantity surveyor and building surveyor. Any similar registration scheme for home builders would necessarily involve detailed consultation with industry and stakeholders. While the new approach now being developed to the enforcement of building standards may obviate the need for such a scheme, I have an open mind in regard to potential future consideration of such a scheme in light of our recent experience with the operation of the new and more stringent certification scheme now being developed. Snag inspections relate to the contractual relationship between the vendor of a property and the purchaser and are not part of the statutory processes addressed under the Building Control Act 1990.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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I welcome the reply from the Minister and the information that moves are being made. Improvements in the inspection regime are long overdue, particularly given the amount of apartment blocks that have been built in recent years. There is no single building inspectorate service. It is vital that the service includes fire safety, which is important for people living in apartments, particularly high rise blocks. For many years developers were encouraged to build and we can see the results of that now. Some of the developments are very poor. Many homes, in particular apartments, were built with minimal fire safety measures.

In one part of Dublin city 65 apartment blocks were built within the jurisdiction of the city council but it could give no commitment on an independent fire safety inspection being carried out, let alone make one public. It is time to reverse that and ensure buildings, regardless of where they are constructed, are built to a national standard with a national inspectorate and enforcement of the same standards in partnership with each local authority. Will the inspectorate be integrated into the local authority system and will it be answerable to each local authority?

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I have not come to any conclusions about how the system will work. There are a few principles. The builder and owner of the property, who are professional people, are responsible in the first instance for making sure everything is in order under the Building Control Act 1990. With mandatory certification local authority staff will be in a better position to have more power and resources in order to implement the standards. At a time of finite resources I do not want to mislead the Deputy. I will revert to him on whether we have the adequate resources to ensure we have full compliance with all the new developments.

I am concerned that there may be other developments, apart from Priory Hall, we need to tackle. We will tackle them and court proceedings will take place if necessary to bring all of the people who have been so irresponsible in dealing with these buildings, the construction of which has left unfortunate homeowners and tenants high and dry, to justice.

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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I do not understand how we can have improved inspection rates or performance against a backdrop of a public sector recruitment embargo and how the Minister can talk about pooling resources when those which exist are insufficient to do the tasks already on the shoulders of local authorities, never mind giving them more.

Where there is a conflict between what a competent professional is saying about works and what the council's architects and engineers are saying is adequate, how will it be reconciled under the new system of certification? Can the Minister give a guarantee that the standards which have been accepted of "substantial compliance", an incredibly vague phrase, will be terminology which will not be accepted? There needs to be total compliance. Where there are contradictory views how will the Minister reconcile them?

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I can assure Deputy Daly I am very concerned about the level of enforcement and activity on the building control side for many years, which is why I prioritised this area when I became a Minister and retained the function of dealing with the Building Control Act. The Deputy raised an interesting question about who will adjudicate a dispute which arises at the end of the process. I will communicate with her on that. I can assure the Deputy that the measures which are necessary to ensure the interests of the consumer are of paramount importance will be put in place to ensure that in the event of a dispute responsibility will ultimately rest with the Department to ensure the Building Control Act is implemented.

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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On regulation, through the good offices of the Ceann Comhairle we had a special notice question on Priory Hall a number of weeks ago when the issue first came to public prominence. A number of Deputies took part in the debate. At the time I requested that the Minister of State, Deputy O'Dowd, who took the debate because the Minister was not available, undertake to have the Department let us know how many other instances similar to Priory Hall have been brought to its notice. I ask the Minister to note the request, follow it up with the Department and issue a reply.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I am conscious of what the Deputy has asked. That work is underway. We are engaged with local authorities to establish the extent of the problem.