Eamon Ryan (Dublin South, Green Party)
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Question 82: To ask the Minister for the Environment, Heritage and Local Government the different roles and responsibilities of his Department and local authorities in regard to monitoring and enforcing the conditions of planning permission, building regulations and fire safety certificates; the number of personnel involved in enforcing the law in each case; if he has satisfied himself with the level of enforcement; if he has proposals for change in this area; and if he will make a statement on the matter. [11172/05]

Dick Roche (Wicklow, Fianna Fail)
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The role of my Department in relation to local authorities is primarily to provide the policy, financial and legislative framework within which local authorities perform their functions.

The enforcement of planning control is more directly a matter for the planning authority, which can take action where a development requiring planning permission has not obtained this permission or where permission has not been complied with. The Planning and Development Act 2000 introduced a strengthened and simplified enforcement regime, with, among other things, greatly increased fines and a statutory obligation on planning authorities to take action in response to well-founded complaints about unauthorised development.

Data collected by my Department on local authority planning staff does not identify separately those engaged in enforcement. The enforcement provisions of the Planning and Development Act 2000 were commenced on 11 March 2002. While it is still early to establish its impact on the overall level of enforcement activity by planning authorities and while 2003 figures are not directly comparable to 2002 figures due to the changes in the legislative provisions, figures for 2003, the latest available, indicate an increase in the number of notices issued — 28% — and an increase in the number of notices complied with — 24% — and also an almost doubling in the number of convictions from 100 in 2002 to 196 in 2003.

The Building Control Act 1990 assigns primary responsibility for complying with the building regulations to the designers, builders and owners of the buildings involved. Under the 1990 Act, the role of local building control authorities is to monitor buildings for compliance with the building regulations and to institute enforcement action, where appropriate. The authorities are also empowered to issue and enforce fire safety certificates for the designs of non-domestic buildings and apartment blocks.

I propose to introduce a building control Bill before the end of 2005. The Bill will provide for, inter alia, strengthening of the enforcement powers of building control authorities. I understand that 41 building control officers are employed by building control authorities.

My Department and the City and County Managers Association have adopted a target of inspecting a representative sample of buildings — currently equivalent to at least 12% to 15% of buildings covered by valid commencement notices served on each building control authority. I understand that in the half-year ended 30 June 2004, the latest period for which complete data is available, all authorities were carrying out inspections and 30 — 81% — out of 37 authorities had reached the national target.