Written answers

Thursday, 3 November 2005

Department of Environment, Heritage and Local Government

Planning Issues

5:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 309: To ask the Minister for the Environment, Heritage and Local Government if he has examined the adequacy of noise standards in the building regulations for apartment living; if his attention has been drawn to other countries which operate higher standards or are considering increasing the standard; and if he will make a statement on the matter. [32162/05]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 310: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that if a builder has failed to construct apartments to correct standards in relation to noise and then, after purchase, the case taken by the building control authority will be against the current owner and not the builder, whereas the current owner is actually the victim not the offender. [32163/05]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 309 and 310 together.

Part E, Sound, of the Building Regulations 1997, and the related technical guidance Document E, 1997 edition, sets out requirements in relation to sound insulation in buildings. Home Bond is carrying out a major study of sound insulation standards in Ireland and other selected EU member states, which is due to be completed by the end of this year. I intend to initiate a review of Part E and the related TGD E in 2006, in the light of the results of the Home Bond study, and in consultation with the building regulations advisory body, BRAB.

The Building Control Act 1990 assigns responsibility for enforcement of the building regulations to the 37 local building control authorities. Authorities are empowered to monitor buildings for compliance with the regulations and to take enforcement action where necessary. Under section 8(3) of the 1990 Act, an enforcement notice may be served on the owner of the building or building works; or any other person who carried out or is carrying out the building works to which the notice applies. It is for the authority to decide upon whom to serve this notice, having regard to all the circumstances of the case. It is advisable for the purchaser of an apartment, prior to purchase, to check that it complies with the building regulations.

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