Written answers

Thursday, 8 May 2008

Department of Environment, Heritage and Local Government

Building Regulations

5:00 pm

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 556: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that failure to delay the commencement of Section 18 of the Building Control Act 2007, until such time as the Technical Assessment Board is ready to receive applications has had the effect of causing practising architects to be in breach of the law; and if he will make a statement on the matter. [17225/08]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 557: To ask the Minister for the Environment, Heritage and Local Government if he will revoke Statutory Instrument No. 50 of 2008 and ensure that any further commencement of Part 3 of the Building Control Act 2007 will be on a phased basis; and if he will make a statement on the matter. [17226/08]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 558: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the simultaneous commencement of Sections 18 and 21 of the Building Control Act 2007 has had the effect of causing practising architects to be in breach of the law; and if he will make a statement on the matter. [17227/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 556 to 558, inclusive, together.

I refer to the reply to Question No. 480 of 29 April 2008, in which I stated that Parts 3 to 7 of the Building Control Act 2007 would commence on 1 May 2008.

Responsibility for the establishment of the various Boards required under the Act, including the Technical Assessment Board, and the procedural arrangements for the operation of such Boards, are matters for the Royal Institute of Architects of Ireland (RIAI), as the designated registration body for Part 3 of the Act — Registration of Architects. The RIAI are finalising the arrangements for the establishment of the various Boards, including the Technical Assessment Board, and this work will be completed shortly. My Department has been advised by the RIAI that they have accepted applications for technical assessment from 1 May 2008.

Subsections 18(1)(a) and 18(1)(d) of the Act provide that it will be an offence to use the title "Architect" unless the person is registered on the statutory register. However, subsection 18(5) of the Act provides that paragraphs (a ) and (d ) of subsection 1 will not apply (i) where a person has applied for registration to either the Admissions Board or the Technical Assessment Board and where a decision has not been made on the application; (ii) where a decision is awaited on an appeal to the Appeals Board against a decision of either Board referred to, or (iii) where a decision is awaited on an appeal to the High Court against a decision of the Appeals Board, subject to the requirement that the application for registration to the Admissions Board or the Technical Assessment Board, or the appeal to either the Appeals Board or the High Court, has not been withdrawn.

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