Dáil debates

Thursday, 8 March 2012

5:00 pm

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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Question 10: To ask the Minister for the Environment; Community and Local Government his views on the fact that introducing further rules and regulations to combat the failure of self-regulation, as evidenced in the cases of the Priory Hall and Belmayne developments, Dublin, will not serve to resolve this problem if the will and resources to enforce these are lacking; and if he will make a statement on the matter. [13103/12]

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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Question 29: To ask the Minister for the Environment; Community and Local Government his views on whether rules and regulations in relation to building developments are sufficient in view of recent events at Priory Hall and Belmayne, Dublin; and if he will make a statement on the matter. [13102/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 10 and 29 together.

The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on clear legal standards as set out in the building regulations; detailed technical guidance documents to outline how these standards can be achieved in practice; the burden and responsibility for compliance resting first and foremost with developers-builders; a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and the responsibility for enforcing compliance with the building regulations resting with the 37 local building control authorities. Where a contract exists between the owner of a building, including a local authority in the case of certain publicly owned buildings, and the relevant builder-developer enforcement may also be a civil matter.

Local authorities already have extensive powers under the Building Control Acts which they can use to enforce compliance with the building regulations. The case at Priory Hall demonstrates that Dublin City Council is willing to use its powers for enforcing compliance with fire regulations when necessary and other local authorities have also used the courts to effect compliance with planning permissions, building regulations and fire regulations, all of which are critically relevant to the quality of the built environment. Results can also be achieved, and often are, through discussion and persuasion with the threat of legal action.

Clearly, however, there are steps that can and must be taken to improve compliance with, and oversight and enforcement of, the building regulations. That is why in July 2011, I announced a number of measures to be advanced by the Department and local authorities. They include 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; the lodgement of drawings at commencement and completion of construction, demonstrating how the building has been designed and built to comply with all parts of the building regulations; more efficient pooling of building control staff and resources across the local authority sector to ensure more effective 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.

Mandatory certification, lodgement of drawings and improved inspection arrangements as 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 early as possible in 2012. Professionals who are engaged by developers will be required to ensure that construction at least meets the legal minimum standards and there is an urgent need for the construction professions to deliver high standards and professionalism in the construction field.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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One can have all the regulations one wants but there will have to be enough people to ensure the work is done correctly. Drawings can be checked before and after construction and one can sign off on work. In the case of Priory Hall, not only did the builder say the work was done correctly but so also did the architect and the engineer and Dublin City Council appeared to be satisfied with it.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I agree with Deputy Wallace; there is no point in having any regulations if it is not possible to enforce them. In 2010, 82 enforcement notices were served by building control authorities, compared to 36 the year before. A clerk of works system is what the Deputy and I know best in terms of ensuring proper compliance with building control, and that is why I am trying to pool resources in local authorities to do precisely what the Deputy has advocated today. I am considering that intensely at the moment and examining whether we can obtain the necessary staff, notwithstanding the reduction in staff in local authorities generally, to ensure proper compliance with building regulations in future.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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Am I to understand that the Minister is thinking of going back to the idea of requiring a clerk of works on-site - someone who represents the council and can make sure the architect, engineer, fire safety officer and builder are doing things according to plan? That would be great, and it would be money well spent. Some badly built developments are known to us, but I would say there are a lot more that we do not know about. It would be a good investment on the part of the State to bring back the clerk of works system.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I am not ruling out anything. The system has worked well in the past. We have had a lot of irresponsible building projects overseen by professions that we trusted. We asked them on behalf of the State to sign off on these developments, but we have seen some of the shoddy workmanship that has gone on. This has caused problems for the unfortunate residents who bought properties or are in social housing and who are caught up in this through no fault of their own. These are the professions that we all expected to be pillars of society, and we thought they would do the right thing by the citizens and by the State. I am not ruling out a return of the clerk of works system in order to ensure that the mandatory inspection regime I advocated earlier is properly enforced and implemented.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I hope that at some stage the Minister will agree to meet with the Priory Hall residents. I know he said he was waiting for the court case, but he should meet with them. We now know that the Minister's Department was involved in this in 2006.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Hold on a minute, Deputy. These are supplementary questions.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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This is a supplementary question.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There is a time limit, and three other Deputies wish to speak, so please be short.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I will ask the supplementary question. When Department officials visited and inspected this site back in 2006, they discovered fire safety issues.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not a question; it is a statement.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I am going to ask the question now.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Well, ask the question.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I will ask it. These fire safety issues included the absence of fire collars. What action was taken at this time to rectify this? When spot checks were made to ensure compliance, how did the Department satisfy itself that the certificate provided by CLM Fireproofing, dated 21 November 2006, was adequate? Did the Department subsequently contact either CLM or the Royal Institute of the Architects of Ireland, whose certificates of opinion on compliance were provided by the developer?

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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I welcome the fact the Minister will be examining these issues, although I hope he will do more than examine them. I am glad he is inching towards that. The elephant in the room is the question of what he proposes to do to deal with the existing breaches of regulations in places such as Priory Hall. Tens of thousands of homeowners are affected by issues such as water ingress, drainage problems, unfinished estates, inadequate fire safety and pyrite. These are existing problems. I respect the fact that the Minister will be examining this in the future, which is necessary - a clerk of works system is required - but he needs to tell us how he will help the tens of thousands of families who are caught up in this situation now, with Priory Hall and Belmayne to the forefront.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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I agree with Deputy Wallace that we should return to a clerk of works system as soon as possible. In addition, I support what was said by the previous speaker. We need to rectify the appalling damage that has been done. Would the Minister be prepared to appoint a high-level inspector from his own Department to examine all of the north fringe? Like everyone else in the House, the Minister was exasperated when we started hearing of problems with Belmayne.

Has the Minister investigated the certificate that was given to Kingspan Century to erect four-storey buildings with wooden frames? Is it the case that this is the only company in the UK or Ireland that has such permission? Has he requested an urgent explanation from the Dublin city manager of why the investigations in Belmayne in 2011 did not reveal the appalling problems we are facing in that part of the north fringe today?

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Belmayne was launched in 2007, as Deputy Broughan knows, at the height of the property boom as a high-profile housing development in Dublin's north fringe. The company behind the development, Belmayne Ireland limited, has had its loans taken over by NAMA. On 6 July 2011 a report was prepared for the chief fire officer of the Dublin region outlining the position with regard to fire safety inspections carried out between April and July 2011 on a number of units in Belmayne. The report indicated that based on visual inspections, the means of escape layout and fire protection facilities were in compliance with the relevant fire safety certificate as issued by the building control authority. While the inspections were limited in terms of the actual construction that could be accessed, the officer reported that the exposed construction inspected was in compliance with the Irish Agrément Board certificate. As we now know, this was not satisfactory. When matters came to a head on 19 January 2012, Dublin City Council, through Dublin Fire Brigade, was notified by a developer of a construction defect. Although nobody needed to move out, it is not satisfactory that a proper investigation was not carried out earlier. I am having these matters followed up.

Deputies Daly and Ellis asked how we intended to deal with the legacy issues. I have asked each local authority to carry out inspections and have areas they suspect are non-compliant with fire regulations investigated as a matter of urgency in the interests of residents. I hope to receive reports from the local authorities shortly so we can identify and address any problems. There is sufficient legislation to allow local authorities to do their business properly, and that is what they have been doing in some cases but not in all. I hope to be able to follow up on this in the near future.

The issue raised by Deputy Ellis was the subject of a parliamentary question on 1 March, the reply to which set out the exact position. I will not read it out again as the Deputy will be familiar with it. Trusted individuals in the professions were asked to sign off on particular items and this was not done in substantial compliance with the building regulations.