Dáil debates

Thursday, 9 March 2023

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Building Regulations

10:50 am

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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85. To ask the Minister for Housing, Planning, and Local Government if he will provide an update on the review of Part B of the building regulations. [12136/23]

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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It has been 16 years since the technical guidance documents underpinning Part B of our Building Control Regulations dealing with fire safety were drafted. I understand there is currently public consultation on this matter. In fact, our committee is hoping to hold a session on it after the consultation period closes. Will the Minister of State update us on the work of his Department and give a commitment that not only will the consultation conclude this year but that new technical guidance documents will be completed and published this year in the interests of fire safety for the users of buildings?

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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I thank Deputy Ó Broin.

On 20 January 2023, I launched a three-month public consultation on proposed amendments to Part B of the building regulations relating to fire safety. The proposed changes aim to improve fire safety in new buildings and support the reuse of existing buildings by simplifying, clarifying, and rationalising fire safety requirements. This public consultation is the culmination of a review of Part B of the building regulations and the associated technical guidance document B, which was necessitated by a number of issues, including changes in the design and construction of buildings and the use of new and innovative building systems and materials. The review also took common and emerging building trends into account. In carrying out the review, specific regard was given to the holistic requirements of the building regulations in Ireland as well as the framework of administration set out under the building control regulations. In addition, fire safety, planning, and Irish health and safety laws were considered along with Irish policy documents such as Housing for All and Fire Safety in Ireland: the Report of the Fire Safety Task Force 2018.

Fire safety regulations for dwelling houses were updated in 2017 and the current public consultation relates to fire safety requirements in all other buildings, which I have no doubt Deputy Ó Broin is aware of. Details of the public consultation can be found on my Department's website, and I encourage all interested parties to make a submission before the closing date of 21 April 2023. There is keen interest in the public consultation and we expect a large number of submissions. My Department will review the submissions and finalise the technical guidance and regulatory statements and regulations. The intention is to work towards having these finalised and published towards the end of the year. It may go into early next year but the intention is to have that done towards the latter end of the year at the earliest.

11:00 am

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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I thank the Minister of State. As he knows, these regulations are crucial to ensure fire safety and human safety in buildings, particularly in multi-unit buildings. The guidelines are 16 years old and the nature of building has changed comprehensively since then with buildings such as the children's hospital, apartments and nursing homes etc. I am deeply concerned that of the 80 appeals on fire safety certificates that have gone to An Bord Pleanála in the past five years requiring, for example, sprinkler systems in multi-unit developments, nursing homes and commercial car parks, 90% of those were overturned by the board, resulting, in my view, in dramatically reduced fire safety. The problem is the 2006 regulations do not require sprinkler systems even though they are absolutely best practice. I am also concerned there will be a tug between the viability of buildings and the fire safety of buildings.

Will the Minister of State give an absolute commitment that fire safety and human safety will be the single overriding important factor in these regulations? Will he engage constructively with the Oireachtas Committee on Housing, Local Government and Heritage on this matter during the process?

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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The answer to both questions is "Yes". The most important thing here is to get this right. Deputy Ó Broin referred to the number of appeals. However, I point out that the An Bord Pleanála figures are of the order of approximately 15 to 25 appeals per year, and less than 1% of fire safety decisions are appealed. Generally, the level of appeals is low but I take the Deputy's point in terms of the overturning of decisions. The main thing at this point is to get it right. The key thing now is to get the submissions from the public consultation, which as I said is due to conclude on 21 April. The Minister and I are very keen to get the consultation under way. Once the submissions are made, the officials will work through them. We will certainly prioritise fire and health and, more particularly, engage with the committee on the matter.