Tommy Broughan (Dublin North East, Labour)
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Question 7: To ask the Minister for the Environment; Community and Local Government if he will report on the consultation process for the draft Building Control (Amendment) Regulations 2012; his views on whether new legislation will be necessary arising from the consultation process; if so, if he will outline the estimated timeframe for bringing such legislation forward; and if he will make a statement on the matter. [29026/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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In July 2011, I announced a number of measures to be advanced by the Department and the 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 that will confirm that the statutory requirements of the building regulations have been met and that there has been a lodgement of drawings at both commencement and completion of construction, demonstrating how the building has been designed and built to comply with all parts of the building regulations. We will have more efficient pooling of building control staff across the local authorities sector to ensure that we have more effective oversight. We will have a standardised approach 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.

Draft building control (amendment) regulations providing for mandatory certification and the lodgement of drawings were recently released for public consultation, which concluded on 24 May 2012. Some 500 submissions have been received and are currently being reviewed by my Department with a view to having a final set of regulations providing for mandatory certification and the lodgement of drawings, which I will sign into law in the coming months. The sooner I can do so the better.

I am determined, now that the public consultation process is out of the way, to follow through with the planned reforms which I believe will be capable of delivering the level of compliance with building regulations, and the standard of quality buildings, that members of the public so rightly expect and deserve. I want to thank the people who made submissions. Some people, including people in the Deputy's constituency, have had unfortunate experience of the lack of building controls during the recent period. In keeping with the standard procedures in regard to these matters, I have asked the Department to continue to engage closely with key stakeholders to ensure that the new regulations, when finalised, are clearly understood and can work well on a practical level for the benefit of the citizens.

Tommy Broughan (Dublin North East, Labour)
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I was one of the 500 people who made a submission on this for reasons the Minister will know well, the ongoing disaster in regard Priory Hall and the incredible situation in terms of pyrite infestation of homes, estimates of which range up to 60,000 housing units. When I got the draft building control (amendment) regulations that the Minister sent us, on which we have had a discussion in the Dáil - I did not get to speak on it - I thought that this was a cop out. Essentially the Minister has left the disastrous system of flawed self-regulation in situ. I am sure he will agree with me that he who pays the piper calls the tune. At each stage of the planning, design and completion process, such as articles 8 and 10, professionals who have worked for developers will essentially be responsible for sending in these compliance certificates. In Spain, a country that has had a massive building boom similar to ourselves, when an house or an apartment was built no services are provided unless the local authorities inspectors pass the building in question. That is my understanding of the position there. Why did the Minister cop out on this in respect of these regulations? We were expecting big things from him and that he would take a grip of this industry so that when it hopefully restarts in the next few years regulations should be introduced, in the way they should be, by the public sector, by local authorities and ultimately by his Department. It should not be the case that developers and their minions, architects and all the rest should decide for us.

On the consultation process, how may buyers of deficient homes, bearing in mind that a home is the biggest investment a person will make in his or her lifetime, did the Minister talk to before he came up with these very poor draft regulations?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Deputy Broughan does not have a clue what he is talking about with regard to this matter. The draft regulations mean there will be public service oversight for the first time in years. The self-regulatory system is being taken away and a code of practice will be drawn up as to how these matters are to be dealt with. There is a complete sea-change on these matters. I have received correspondence from the professionals who are not happy with these regulations-----

Tommy Broughan (Dublin North East, Labour)
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Because they are still in charge.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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They are not in charge.

Tommy Broughan (Dublin North East, Labour)
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They are.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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If Deputy Broughan wants to have a misinformed view that is his prerogative.

Tommy Broughan (Dublin North East, Labour)
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I read it closely.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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So did I. The package of measures will come into effect as soon as possible. I have allowed the consumer and every stakeholder in the business to have a say. It is not a unilateral view like that of Deputy Broughan. Everyone else has been asked-----

Tommy Broughan (Dublin North East, Labour)
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I am reflecting what people are saying to me.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Three quarters of the people who made submissions were consumers, including people in Priory Hall who provided some excellent suggestions. This is a ground-breaking measure to reverse the disastrous self-regulatory procedures which were in place-----

Tommy Broughan (Dublin North East, Labour)
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It was not in the draft.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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It will be mandatory certification and oversight and I will put in place a system that will be a massive improvement on what we have today.