Damien English (Meath West, Fine Gael) | Oireachtas source

Amendment No. 20 seeks to define the satisfactory completion of a development and link compliance with the building regulations into the planning system.Amendment No. 36 seeks to make the application of this definition mandatory in all cases of developments of two or more houses.

I do not propose to accept the amendments tabled by Senator Grace O'Sullivan for the following reasons. It is not the function of the planning code to enforce compliance with a separate and distinct regulatory code such as the building regulations. Local authorities are independent in the use of their statutory powers under the Building Control Acts 1990 to 2014. The planning system and building control system are two distinct and separate codes. While I understand the objective the Senator is trying to achieve, given that these are two separate codes, the amendment is not the way to achieve that objective.

Under the Building Control Acts 1990 to 2014, the primary responsibility for compliance with the requirements of the building regulations rests with the designers, builders and owners of the buildings with regard to the certification process. Enforcement of the building regulations is a matter for the 31 local building control authorities, which have extensive powers of inspection and enforcement in the event of breaches of the building control regulations. Accordingly, I do not regard it as appropriate that the planning system should be used for ensuring compliance with the building control standards in the manner proposed by Senator O'Sullivan.

I also oppose the amendments because I have no evidence that the existing discretionary arrangements for the attachment of conditions to planning permissions are creating systematic difficulties on the ground. I am particularly concerned that at a time when we are trying to encourage house building across the State, the proposal in the amendments would impose additional mandatory planning conditions, including financial requirements, on smaller house builders operating on tight margins. Currently, it is a discretionary matter for each planning authority to decide whether to attach specific types of additions to planning permissions in individual cases, including conditions relating to the satisfactory completion of a development of two houses or more and conditions requiring the provision of adequate security for the satisfactory completion of a proposed development. This is infinitely preferable to imposing blanket requirements to attach conditions relating to the satisfactory completion of development in all cases.

The regulatory systems relating to planning, fire safety, accessibility, building control and conservation are perceived as creating competing agendas and therefore need to be separately addressed in accordance with their respective legislative requirements. Accordingly, I must oppose the amendments.

I understand what the Senator seeks to achieve with regard to unsatisfactory buildings that have been built in the past. We have addressed this issue through changes made to the building control regulations since 2014. The certification process in place is probably second to none in Europe and is very much enforced. Many of the concerns people have relate to buildings completed prior to 2014. This Government and the previous Fine Gael-Labour Party Government have made changes to strengthen the regulatory and building control processes. It is not necessary to align these processes with the planning process. I will not support the amendments.