Fergus O'Dowd (Louth, Fine Gael)
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Question 215: To ask the Minister for the Environment, Heritage and Local Government his views on whether the practice of retrospective issuing of fire safety certificates for buildings is desirable; and if he will make a statement on the matter. [30969/06]

Dick Roche (Wicklow, Fianna Fail)
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The Building Control Act 1990 and the related Building Control Regulations 1997 provide for the issue of Fire Safety Certificates (FSC) for the designs of new non-domestic buildings and apartment blocks in advance of the commencement of work on the relevant building projects. However, projects have in the past started in advance of the seeking or granting of a FSC; and local building control authorities have adopted a pragmatic approach of granting FSC retrospectively provided the building complies with the fire safety requirements/ building regulations.

The Building Regulations Advisory Body (BRAB) recommended reforms of the FSC system; and these reforms are set out in Part 2 of the Building Control Bill 2005 and the related Explanatory Memorandum.

The enforcement of the FSC system will be greatly strengthened by a number of proposed measures in the 2005 Bill, including:

prohibition of the occupation, opening, or operation of a relevant new building without a FSC; and

the power of the local building control authority to secure a High Court injunction to enforce the foregoing prohibition.