Seanad debates

Wednesday, 12 March 2014

Adjournment Matters

Building Regulations Amendments

2:25 pm

Photo of Kathryn ReillyKathryn Reilly (Sinn Fein)
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Some architectural technologists have approached me several times to express grave concerns about the building control amendment regulations. They argue that to protect the consumer properly, all those who play an active part in the construction process should be assessed on their own merits and competence and regulated as necessary on that basis. The amended buillding regulations zone in on the essence of architectural technology, but they do not provide for the role of those who are trained and experienced in this area. As a result, their skills set, while relevant to the construction industry and the building regulations, is outside the terms of the Building Control Act 2007. Although the Act alludes to their role, it is not adequately catered for. To play a role in this new regime, professional architectural technologists, many of whom have decades of experience in this field, have to deny their primary qualification in architectural technology and claim instead to be either architects or building surveyors to seek entry to the statutory registers. The insistence that those who operate within the scope of the Act should declare themselves as architects or building surveyors and submit for registration in these fields is flawed and will lead to many unsuccessful registration applications and more problems for the Department. To present it as a solution to those faced with retraining or an exit from their profession makes matters much worse.

The irony is the regulations demand that architectural technologists would brand themselves as architects or building surveyors in order to continue doing what they currently do. The mantra that architects, engineers and building surveyors are those most commonly involved in the completion of construction projects is not entirely accurate, as professional architectural technologists carry out some but not always all the duties of architects and building surveyors on the basis of multiple shared competencies. Such individuals possess varying degrees of academic training but with a different focus from that of either of the regulated professions.

Many architectural technologists would have successfully completed a wide variety of construction projects but most would have done so on the basis of their particular qualification, often as part of a team and usually without the necessity to use any protected title. That is why many would now be reluctant to make a declaration regarding the breadth of their duties in comparison to those of an architect or building surveyor on foot of the scope of services provided. Some would be limited by the scale of the project with which they would be independently involved and others would have limited exposure to specialised areas. Many simply find the contradiction of claiming to be something they are not to be very difficult and attempts at registration will suffer on the back of this.

For the current system to be fair, specific provision should be made within the registration process for a particular skill set of experienced, professionally accredited architectural technologists as qualified professionals in their own right. The regulations must include a viable and sustainable role for the country's architectural technologists, and it is vital that those who can bring clarity to this issue for architectural technology professions do so clearly and without fear or favour of any other party. Architectural technologists should be included in the regulations process, as this is a very big cause of concern. Over the past decade or more a vast number of architectural technologists have gone through the third level system and there has been an increase in the level of national framework qualifications. It is important these people are recognised.

2:30 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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I thank Senator Reilly for raising the issue, which I am happy to take on behalf of the Minister, Deputy Hogan.

I am aware of the role and contribution made by architectural technologists in the design and construction of dwellings and other buildings. The recent building control amendment regulations empower competence and professionalism in construction activity and, as such, will increase the opportunities available for all competent and qualified persons in the industry, not least the architectural technologist. The new regulations strengthen the arrangements in place for the control of building activity by requiring greater accountability in compliance with building regulations. In particular, statutory certificates of compliance must be signed by a registered professional, such as an architect or a building surveyor registered in line with the Building Control Act 2007 or a chartered engineer registered under earlier legislation. These are the professional groupings typically involved in the design of construction works in Ireland.

Depending on their personal circumstances it may be open to individual members of the Chartered Institute of Architectural Technologists, CIAT, to seek inclusion on the statutory registers and a significant number have succeeded in becoming so registered. There is no question of persons who are not included on the statutory registers being permitted to sign certificates of compliance for building control purposes. It is worth noting that registration of title became necessary in order to protect consumers from persons passing themselves off as architects, surveyors or engineers, and this is still happening. It will be less likely to occur now that statutory certificates must be given by registered professionals.

The Department has engaged openly and constructively with CIAT on this matter and it has outlined a number of options in keeping with the Building Control Act 2007 that may be pursued to develop the arrangements in place for the registration of its chartered architectural technologist members. This engagement has led to CIAT presenting separate cases for recognition of its chartered members under both the surveyor and the architect registers, based on benchmarking the competence of their chartered members against the existing routes to registration. The SCSI and the RIAI, as the registration bodies for the relevant professions and as the competent authorities in Ireland for the purposes of the EU directive on the recognition of professional qualifications, are considering the cases put forward by CIAT.

Neither the Minister for the Environment, Community and Local Government nor his Department has any role in the assessment or the validation of professional qualifications in this manner and they cannot pre-empt the outcome in either case. However, should the SCSI or the RIAI determine that the competence of the chartered architectural technologist is equivalent to the requirements for inclusion on either register, it would fall on the Minister to bring forward relevant suitable amendments to the Building Control Act 2007.