Seán Crowe (Dublin South West, Sinn Fein)
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Across the State, people bought houses and apartments during the boom and then discovered to their horror that bad planning, poor regulation and reckless developers had left them with serious problems. Whether it is pyrite ripping homes apart in Dublin city or fire safety issues forcing people from their homes at Coalport Limited's Priory Hall, the hopes and dreams of many of these families have been destroyed. On a weekly basis, I deal with issues of dampness spores and so on. Again, it is always the tenant's or the owner's problem while the local authority steps back.

This week, we learned some of the residents in an affordable development in Lucan, County Dublin, have discovered their homes do not meet fire safety standards. The 52 houses in Foxford Court were sold in 2005, which is part of the problem. In 2005, people complained there was a problem with fire regulation in the area but it is only now, in 2013, that the developer is examining the problem. There is also a problem in that the houses were sold as affordable housing by South Dublin County Council, which has a responsibility. However, the council seems to be stepping back and saying it is a matter for the tenant.

What assurances can the Minister of State give the families in Foxford Court and other developments that their homes will be made safe and compliant with building and safety regulations? This estate is just one example and there could easily be others. What reassurances can the Minister of State give residents that they will not have to foot the bill for the works that are required to make their homes safe? Does he consider it acceptable for a local authority, South Dublin County Council in this instance, to wash its hands of a problem when it was the council that sold the affordable houses in 2005?

I emphasise that the delay from 2005 to 2013 is a serious issue. We are talking about fire safety yet we are eight years down the track. Something is wrong with the system. While the Minister of State might not know the detail, this could happen in any area. I point out this estate is not in my constituency but I am concerned and feel we need to address the problem.

Clare Daly (Dublin North, Socialist Party)
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I was absolutely fuming when I read what happened to residents in Lucan because the very same developer was responsible for building units in Balbriggan. I spent years, starting about seven years ago, trying to push Fingal County Council to rectify fire safety issues which are in existence in that estate and must now find out the same builder was responsible for the same thing in a different local authority area. Yet, this other local authority has adopted the very same contemptuous attitude that some people in Fingal County Council adopted with regard to residents' concerns.

These are not isolated cases. As remediation works are being done in pyrite-afflicted homes at the moment, when the walls are opened up it is found on a regular basis that fire safety standards are not being adhered to, and this is a particular problem in timber-frame developments. There have been numerous breaches of these regulations yet the local authorities have not acted and have not initiated any enforcement proceedings whatsoever. What is the Minister and his Department going to do about that? In the case of the developer concerned with the estate in Balbriggan, the council there engaged with the developer, agreed some issues to be dealt with and then accepted a few issues and let him off in terms of compliance on the others. No enforcement proceedings were taken.

When people buy dwellings from a local authority, they think they are buying the best and that they are getting the best standards of checking and so on. In this case, not only did that not happen, but the seller of the property, in this case the local authority, has walked away from it. That is not good enough. The people who bought affordable houses were those who needed support as they could not afford to buy on the market. They need greater protection. We know of instances where people are being levied for the cost of the remediation works. Homeowners themselves are being asked to pay for this, and the local authority's response has been that it is a civil matter between the tenant and the builder. It is not a civil matter between them. The local authority has a role to play as the enforcing authority. What is the Minister going to do to make sure the local authority ensures the builders do the work they were supposed to do and adhere to the standards they were supposed to adhere to? If the builder is gone, how will the Minister make sure that is done without it being a cost to the residents, who are the victims in this?

Ciarán Cannon (Galway East, Fine Gael)
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I thank Deputy Crowe and Deputy Daly for raising this matter of such acute public concern. On behalf of the Minister, I want to acknowledge the difficult and distressing situation being faced by the residents of Foxford Court who, through no fault of their own, find that the homes they have invested in do not comply with the minimum statutory requirements in regard to fire safety. Contrary to inaccurate media reports, it is important to note that no evacuations have been ordered or have taken place at Foxford Court. The development is being monitored by fire safety officers and the question of evacuation is unlikely to arise.

Compliance with the building regulations is a matter, in the first instance, for the owner-developer. Enforcement is a matter for the building control authority, in this case South Dublin County Council, or, in regard to fire safety, the fire authority, in this case Dublin City Council. Where difficulties arise, remediation is ultimately a matter between the parties - that is, the developer, the developer's agents and insurers, on one hand, and the buyers, their agents and the owner's management company on the other hand - subject to the terms of any contracts entered into by the parties.

Foxford Court consists of 52 housing units developed as an affordable housing scheme. Eligible applicants purchased the properties by private sale, having fulfilled the criteria for eligibility under the affordable housing scheme. It is understood that "opinions of compliance" were provided by the developer and their agents in regard to the sale of the dwellings at Foxford Court.

In response to concerns raised by residents, South Dublin County Council has advised the residents of its obligations under the planning, fire safety and building control codes. It has advised that the management company contact the developer in regard to the remediation of defects and deal with the chief fire officer to agree a strategy to address the issue. The chief fire officer may also advise on risk assessment and mitigation measures. It is understood that the problems include inadequate fire-stopping provision between dwelling units and failure to fire-seal around service pipes.

South Dublin County Council is in possession of three units at Foxford Court. These have recently been inspected by council staff and will require remedial work to achieve compliance with the approved fire safety certificate. As owner of these properties, South Dublin County Council will remediate these units and it has indicated its willingness to share relevant information with the management company.

The Minister for the Environment, Community and Local Government is committed to ensuring that local authorities use the powers available to them under the various planning, fire safety, housing and building control Acts to assist residents who, through no fault of their own, find themselves in the stressful and distressing situation of coping with a home that is not compliant with the fire safety requirements and building standards. Local authorities across the country have been proactive in addressing such problems to date and, on behalf of the Minister, I urge South Dublin City Council to engage proactively with all stakeholders to work towards a resolution in the case of Foxford Court.

The Minister agrees with Deputy Crowe on the need for new building control legislation to ensure compliance with fire safety standards. In this regard, following extensive public consultation, he will shortly announce stringent new building control regulations which will require in regard to building works commencing on and after 1 March 2014: the submission of compliance drawings and documentation with local building control authorities; an inspection plan to be drawn up and executed during construction by a registered professional, who will be known as the assigned certifier; and mandatory certificates of compliance to be signed by the designer prior to construction and by the assigned certifier and builder when a building is complete. The introduction of statutory certification, backed up by the lodgment of compliance drawings and inspections during construction by registered professions, is a key consumer protection measure, and an important element in the pursuit of an improved culture of building control.

Seán Crowe (Dublin South West, Sinn Fein)
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I welcome the fact the Minister of State is urging South Dublin County Council to engage proactively with all stakeholders to work towards a resolution in the case of Foxford Court.

Again, it is not a matter of urging it. This local authority and other local authorities in similar situations have a responsibility and must step up to the plate and support those residents. The fact that the local authority will share relevant information is a positive step but it is understandable why residents would feel it has a larger role in this because they bought their homes through this local authority.

Does the Minister of State agree that Newlands Development Limited must also rectify any fire safety problems in other homes in Foxford Court? The Minister needs to contact Newlands Development Limited as a matter of urgency and urge it to right the wrong done to these tenants. We need to do more to help the families in this situation. I welcome the legislation coming down the track but we have a responsibility for the people stuck in this situation.

Clare Daly (Dublin North, Socialist Party)
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The Minister of State's response understates the scale of this problem. It is a fact that there are thousands of dwellings that are not compliant with fire safety standards and it is a miracle that multiple fatalities in this regard have not occurred. According to the Minister of State's response, it is understood that opinions of compliance were provided by the developer and its agents for the selling of the dwellings. That is it in a nutshell. Documents were signed that said these dwellings were in compliance with standards but they are not. There are thousands more dwellings that are not compliant. As a minimum, the State must accept responsibility because these problems arose due to a system of self-certification. They must be rectified now at no cost to the residents before lives are lost.

With regard to Newlands Development Limited, we have concrete proof that fire safety standards were ignored in Balbriggan and Lucan. Will all of its developments be examined and a team sent in at Newlands' expense to remediate all those developments? There are other timber frame developments around the city and I assume that Dublin is no different from the rest of the country that is similarly vulnerable. It is not good enough for the local authority to sit back and tell residents that it is their fault and that the matter must be sorted out between them and the developer. Will the Minister order all local authorities, particularly those in areas with timber frame housing, to open up their books and initiate enforcement proceedings where it is known that a developer has been responsible for ignoring fire safety standards? When the local authority was the seller of these units, can we at least assume that it will respect the people to whom it sold the properties and engage with and undertake to assist them in getting remediation works completed?

Ciarán Cannon (Galway East, Fine Gael)
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The Department of the Environment, Community and Local Government will continue to liaise with South Dublin County Council in respect of its response to this situation at Foxford Court. I urge everybody concerned to allow the council to continue to deal with the situation in line with the standard arrangements in place for the discharge of its statutory functions, which are quite substantial in this area. Since the Government took office, the Minister for the Environment, Community and Local Government has clearly signalled that consumer protection in the area of quality construction of new dwellings is a priority. As I indicated earlier, he will shortly announce new reforms relating to mandatory certification and improved inspection arrangements which will have the capacity to improve the quality of buildings while ensuring that problems like those that have arisen at Foxford Court are not visited upon home owners again.

Seán Crowe (Dublin South West, Sinn Fein)
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Eight years.