John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I thank Senator Ó Ríordáin for raising this Commencement matter, which I am taking on behalf of the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, who is in the other House.

I acknowledge the extremely distressing and stressful circumstances faced by the owners and residents of buildings that have defects. In general, building defects are matters to be resolved between the contracting parties, in other words, owners, builders, developers and their respective insurers or structural guarantee or warranty schemes. While the Department has overall responsibility for establishing and maintaining an effective regulatory framework for building standards and building control, it has no general statutory role in resolving defects in privately owned buildings, including dwellings, nor does it have a budget for such matters. In this regard, it is incumbent on the parties responsible for poor workmanship or the supply of defective materials to face up to their responsibilities and take appropriate action to provide remedies for affected homeowners.

In the case of multi-unit development such as the Belmayne development to which the Senator referred, the legislative position is very clear in terms of where responsibilities lie. Under the Building Control Acts 1990 to 2014, primary responsibility for compliance of works with the requirements of the building regulations, including Part B which has regard to fire safety, rests with the owners, designers and builders of buildings. The aim of the building regulations is to provide for the safety and welfare of people in and about buildings. Enforcement of the building regulations is a matter for the 31 local building control authorities which have extensive powers of inspection and enforcement under the Acts and which are independent in the use of their statutory powers. As such, I am not in a position to comment on a specific development.

When a building is constructed and occupied, statutory responsibility for fire safety is assigned by section 18(2) of the Fire Services Act 1981 to the person having control of the building. In multi-unit developments, the person having control is generally the management company. Under the Multi-Unit Developments Act 2011, the owner or management company must establish a scheme for annual service charges and a sinking fund for spending on refurbishment, improvement and maintenance of a non-recurring nature of the multi-unit development.

In terms of addressing fire safety issues, it should be noted that in 2017 the Department published a framework for enhancing fire safety in dwellings where concerns arise. This framework is a guide for the owners and occupants of dwellings where fire safety deficiencies have been identified or are a cause for concern. Furthermore, in the aftermath of the fire at Grenfell Tower in June 2017, and in recognition of fears expressed in respect of fire safety, the Department's national directorate for fire and emergency management was asked to convene a task force to lead a reappraisal of our approach to fire safety in Ireland. In its report the task force acknowledged the importance of fire safety in apartment buildings and made a number of recommendations, which are being implemented.

In response to the building failures that have emerged over the past decade, the Department has advanced a robust and focused building control reform agenda which has included amendments to the building control regulations, the establishment of a shared services national building control project, and the ongoing development of new legislation through the building control (construction industry register Ireland) Bill. These reforms have brought, and will continue to bring, a new order and discipline to bear on construction projects, creating an enhanced culture of compliance with building regulations.