Dermot Ahern (Louth, Fianna Fail)

The purpose of amendments Nos. 2 and 3 is to amend the definition of "development stage". The current wording provides that development stage ends when certificates of compliance with the planning and building control codes have been issued. It has emerged from consultation with the Department of the Environment, Heritage and Local Government and other stakeholders that definitive certificates of compliance are not issued currently in respect of planning permission or building control standards. My concern is if the definition is not amended, the reference to certificates of compliance might provide a loophole which could be used to delay the transfer of control of the common areas of multi-unit developments to the owner or management company. The revised definition provides that the development stage ends when the development is completed in accordance with the planning permission and building control regulations and there is no longer a reference to the issuing of certificates of completion. Amendment No. 53 brings the wording of paragraph 1 of Schedule 3 into line with the amended definition of "development stage" in section 1.

My officials have met officials of the Department of the Environment, Heritage and Local Government since our Committee Stage deliberations to discuss completion issues under the Planning and Development Acts and the Building Control Acts. I understand a review of enforcement proceedings under both codes is being undertaken by the Department with the aim of ensuring improved enforcement of statutory requirements. I also understand the building review advisory group, which advises the Minister for the Environment, Heritage and Local Government, has established a working group specifically to examine the building control enforcement system and it will report to him shortly on the issue.