Paudge Connolly (Cavan-Monaghan, Independent)
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Question 537: To ask the Minister for the Environment, Heritage and Local Government if responsibility for new housing developments' compliance with disability requirements of part M of the building regulations rests with his Department or with building owners, architects or builders; and if he will make a statement on the matter. [4166/06]

Paudge Connolly (Cavan-Monaghan, Independent)
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Question 538: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that only 4% of new housing developments in Dublin are accessible to people with disabilities in breach of part M of the building regulations; his proposals to ensure compliance; and if he will make a statement on the matter. [4167/06]

Paudge Connolly (Cavan-Monaghan, Independent)
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Question 539: To ask the Minister for the Environment, Heritage and Local Government if building regulations will be reviewed to ascertain if disability measures are being incorporated in new housing as is required under part M of the building regulations; and if he will make a statement on the matter. [4168/06]

Paudge Connolly (Cavan-Monaghan, Independent)
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Question 540: To ask the Minister for the Environment, Heritage and Local Government if local authorities are required to inspect buildings to ensure that they comply with disability requirements; and if he will make a statement on the matter. [4169/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 537 to 540, inclusive, together.

Under the Building Control Act 1990, compliance with the building regulations, including Part M, access for people with disabilities, is primarily the responsibility of the builders and owners of buildings.

Local building control authorities are responsible for enforcing the building regulations. Local authorities are empowered to inspect buildings within their functional area, to issue enforcement notices for non-compliance and to initiate court proceedings. The national target is that each authority should inspect at least 12% to 15% of buildings for which valid commencement notices are served on the authority.

The statistic regarding compliance of new Dublin houses with Part M may arise from a review of the effectiveness of Part M published by the National Disability Authority, NDA, in December 2005. The survey of medium density housing developments in Dublin contained in this NDA report states that some one third of the units surveyed, for example, duplexes, are not required to be wheelchair accessible in order to comply with Part M. A further 23% were found to be compliant with Part M, but issues in regard to dishing of kerbs in the public footpaths approaching the dwellings were identified. These would be for resolution between local authority and the developer, prior to takeover of the developments.

I am anxious that the overall level of compliance should improve as designers and builders gain greater experience of working to Part M standards for new dwellings, which in many cases only apply, in practice, from 1 January 2004. I initiated a review of Part M, and the related technical guidance document M, in late 2005 through the publication of a public consultation notice inviting submissions by 31 March 2006 on how the Part M regime might be further improved.

The Building Control Bill 2005, which I published on 22 December 2005, provides for the introduction of a disability access certificate, DAC, system, as recommended by the report of the Commission on the Status of People with Disabilities. Under this system, the design of new non-domestic buildings and new apartment blocks will have to be certified by the local authority as being compliant with Part M, before work commences.

The Building Control Bill 2005 also provides for the strengthening of the enforcement powers of the local building control authority. Under the Bill, the occupation, opening or operation of a relevant new building without a DAC will be an offence; and the authority will be able to apply for a High Court injunction to stop any such offence.