Phil Hogan (Carlow-Kilkenny, Fine Gael)

I have read with interest the correspondence received from the former resident of Priory Hall. I acknowledge and commend his constructive contribution to the ongoing process of amending the building control regulations. Coming from someone who is, like many others and through no fault of his own, living with the agony and distress caused by the failure of others to abide by their statutory responsibilities, the contribution is welcome, valid and, given the individual's own particular circumstances, remarkably well balanced. I have set in train my intention to change the building regulations before any matters came to light regarding Priory Hall. Therefore, my bona fides are quite solid.

I respectfully counter the assertion that the proposed changes to the building control regulations fail to address the building failures we have seen in housing and apartment developments in recent years. Notwithstanding this, the correspondence in question clearly identifies many of the shortcomings in the current arrangements for building control which the package of measures I announced in July 2011 are intended to and will address. Broadly speaking, these measures include mandatory certification by competent professionals, lodgement of drawings and more meaningful oversight and inspection of building activity by local authorities and private sector construction professionals.

The key step will be the early introduction of mandatory certificates of compliance confirming, with appropriate documentary evidence, that the statutory requirements of the building regulations have been met for the building in question. These certificates will not resemble the opinions of compliance referred to in the correspondence, which are currently provided for conveyance purposes and which are not a part of the statutory building control process but are often misrepresented as being such. Mandatory certificates will mean what they say and will be signed by professionals who understand and accept their responsibilities and the liability that goes with the consequences of failing to meet them.

Mandatory certification, of itself, depends on the integrity of those concerned and must, therefore, be coupled with more rigorous oversight of construction activity. I have, therefore, approved proposals devised by my Department and County and City Managers Association representatives that will achieve the following: involve more efficient pooling of building control staff and resources across the local authority sector; standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions; and better support the further development of the building control function nationwide. This will ensure more effective and meaningful oversight and inspection of building activity, and will facilitate the move to a more risk-based approach by local authorities, which the correspondent correctly identifies as being necessary.

From a regulatory perspective, there is much that can be done to improve the system, and this is receiving priority attention within the Department. It is only right and proper that any moves to strengthen the system to ensure the burden of compliance with statutory requirements rests with the responsible parties and is not invidiously pushed on to the consumer or State. There is an urgent need for the professions in the industry, and builders and contractors and their representative groups, to step up to the plate when delivering on their obligations to provide a reliable level of professionalism and quality for consumers.

I thank the correspondent for his constructive and thought-provoking contribution. As the Senator knows, the proposed building control (amendment) regulations were released for public consultation. This consultation period closed just a few weeks ago 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 lodgement of drawings ready to be signed into law in the coming months. I assure the Senator I am making changes to the building control regulations that will be very different from those agreed by my predecessors, the latter having contributed to problems like those in Priory Hall. Nobody should doubt my determination in this matter.