Eoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

I thank the Senator for raising this. As he has outlined, it is a serious issue.

The Building Control Acts 1990 to 2014 set out a clear statutory framework for construction activity. The 1990 Act provides for the making of building regulations and building control regulations to protect the health, safety and welfare of people in and around buildings. The Second Schedule of the Building Regulations 1997, as amended, sets out the statutory minimum performance requirements for the construction of new buildings. In particular, Part B of the Building Regulations 1997, as amended, sets out the legal requirements relating to fire safety in respect of new buildings and in respect of existing buildings undergoing works involving an extension, material alteration or a material change of use. The requirements under Part B represent the national statutory minimum standards of fire safety provision applicable to the construction of new buildings, including dwellings.

Under the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the building regulations rests with the designers, builders and owners of buildings. Enforcement of the building regulations is a matter for the 31 local building control authorities, which have extensive powers of inspection and investigation under the Acts. Fire authorities have no powers of inspection in respect of dwelling houses occupied as single dwellings. The Fire Services Acts 1981 to 2003, however, apply to premises providing sleeping accommodation, that is, apartments. Furthermore, section 18(2) of the Fire Services Act places the responsibility for fire safety on the person or persons having control over the premises, which in the case of an apartment block includes the owners and management companies. This is appropriate in a situation where there are some 2 million housing units in the State.

In response to building failures that have emerged over the past decade, the Department of Housing, Planning, Community and Local Government introduced the Building Control (Amendment) Regulations 2014, which provide for greater accountability regarding compliance with building regulations, in the form of statutory certification of design and construction by registered construction professionals and builders, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. The Building Control (Amendment) Regulations 2014 were reviewed following their first 12 months in operation and it is clear from this review that the reforms have brought a new order and discipline to bear on construction projects. To complement these reforms, work is at an advanced stage in the Department of Housing, Planning, Community and Local Government on the general scheme of a Bill to place the Construction Industry Register Ireland, CIRI, on a statutory footing and to provide in law for the registration of builders. This is seen as an essential consumer protection measure giving consumers who engage a registered builder the assurance that they are dealing with a competent and compliant operator.

One of the two proposals outlined by the Senator relates to a dedicated agency for making confidential reports. My understanding of what he suggested is that this agency would also conduct an audit of buildings constructed in the past 20 years. Perhaps he will clarify that. As regards the report in the Department, I have not had an opportunity to speak to the Minister about it but I will ask him about the status of the report and when and how it will be made public.