Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context

Question 397: To ask the Minister for the Environment, Heritage and Local Government if he will introduce legislation to end the self certification of quality standards in the housing construction industry and to take concerted joint action with the Fingal County Manager and Dublin City Manager to address the issues of traceability of pyrite contaminated infill; the quality standards of new homes and the reconstruction standards of pyrite damaged homes and infrastructure in the continuing pyrite infill scandal in north and west Dublin and Leinster; and if he will make a statement on the matter. [35863/07]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

The certification of products is the responsibility of the National Standards Authority of Ireland (NSAI). When the issue of pyrite arose, and following an intervention from my Department, the NSAI moved quickly to reconvene their Aggregates Panel in order to give urgent consideration to publication of additional guidance in relation to appropriate protocols for testing underfloor infill material. My Department is represented on this Panel, together with representatives of the construction industry.

Following a public consultation process, the National Standards Authority of Ireland (NSAI) has now published a new Standard Recommendation, which is a definitive amendment to SR 21 — Guidance on the use of (Irish Standard) I.S. EN 13242:2002 — Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction, and incorporating amendment 1:2007. The Standard Recommendation came into effect on 7 December 2007 and the intention is that it will address the quality standards of new homes insofar as problems relating to pyrite are concerned. It is now my intention to adopt this NSAI Standard Recommendation in the relevant Technical Guidance Document to the Building Regulations.

The national Building Regulations set out the legal requirements for the construction of houses. The related Technical Guidance Documents (TGD) provide technical guidance on how to comply with the Regulations. Responsibility for compliance with the Building Regulations rests with the builder and the owner of the building.

Enforcement is a matter for the 37 local Building Control Authorities, which are empowered to carry out inspections and initiate enforcement proceedings, when considered necessary. I understand that Fingal County Council has been in direct contact with the developers and the quarry concerned in relation to problems encountered following the use of pyrite as an underfloor infill material in certain developments.

Having consulted the statutory Building Regulations Advisory Body, my Department issued a circular letter, BC 6/2007, to each County Manager and local Building Control Authority, on 16 August 2007, to bring the issue to their notice and to request their co-operation in the enforcement of the relevant requirements. The Circular letter also brought to their attention a Notice Issued by Fingal County Council on 26 July 2007 on this matter.

The resolution of any problems arising between home owners and their builders are ultimately matters for resolution between the parties concerned — the homeowner, the relevant developer and the builder's insurer. Where the construction of a house is the subject of a contract between the client and the builder, enforcement of this contract is a civil matter.

.