Richard Bruton (Dublin North Central, Fine Gael)
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Question 217: To ask the Minister for the Environment, Heritage and Local Government the legal obligation of a council to set an adequate bond in respect of a developer to be able to ensure the completion of an estate; and the options open to the council when an estate remains unfinished and the bond is inadequate. [23722/09]

John Gormley (Dublin South East, Green Party)
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Planning authorities are empowered under section 34 of the Planning and Development Act 2000 to attach conditions to a planning permission requiring the giving of adequate security for the satisfactory completion of the proposed development.

There is no legal obligation on a planning authority to attach such conditions to a planning permission. However, as stated in the reply to Questions 60 and 63 of 11 June 2009, my Department has consistently advised planning authorities that it is essential that planning permissions for residential development are subject to a condition under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to secure satisfactory completion. The amount of the security, and the terms on which it is required to be given, should enable a planning authority, without cost to itself, to complete the necessary services in a residential estate (including roads, footpaths, water mains, sewers, lighting and open space) to a satisfactory standard in the event of default by the developer.

My Department's advice in relation to bonds was most recently stated in the June 2007 Development Management Guidelines for Planning Authorities and in the February 2008 policy guidance in relation to the Taking in Charge of Estates. This guidance emphasised the desirability of imposing planning conditions in relation to phasing of larger residential developments to the effect that a developer must complete the provision of roads, public lighting, open spaces, etc. which are necessary for, or ancillary to, the completed residential units in a particular phase, before commencing the next phase of an overall development.

If a residential estate has not been finished properly in accordance with the conditions attached to the relevant planning permission, a planning authority should in the first instance take enforcement action under the Planning Acts aimed at compelling the developer to execute the required completion works.

If enforcement action is unsuccessful in compelling the completion of the development, a planning authority should then call in the relevant security and have the works completed.

In the event that security is inadequate to finish the services to the required standard, and the residents request that the estate be taken in charge, the planning authority should, in accordance with policy guidance issued by my Department, complete the outstanding works as and when resources, and priorities in relation to other estates awaiting taking in charge, permit.

Richard Bruton (Dublin North Central, Fine Gael)
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Question 218: To ask the Minister for the Environment, Heritage and Local Government the responsibility in law of the Building Control Unit to act against a developer who fails to build to adequate standards; and the options open to councils to take enforcement action to deal with defects in one or a number of houses. [23723/09]

John Gormley (Dublin South East, Green Party)
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The Building Control Act 1990 assigns primary responsibility for complying with the Building Regulations to the owners and builders of buildings. Responsibility for enforcement of the Regulations is vested in the 37 local Building Control Authorities, who are empowered to carry out inspections of buildings, issue enforcement notices for non-compliance with the Regulations and initiate Court proceedings, where appropriate.

The Building Control Act 2007 contains provisions, inter alia, to strengthen the enforcement powers of local Building Control Authorities, which are operative since 1 March 2008. Building Control authorities were given the option to bring summary prosecutions for all building code offences in the District Court, rather than by way of prosecution on indictment by the Director of Public Prosecutions in the Circuit Court. Authorities also have wider powers to make application to the High Court or the Circuit Court to secure Orders where buildings do not comply with the requirements of the Building Regulations. The maximum penalties for breaches of the Regulations have been substantially increased under the Act, from £800 (punts) to €5,000 on summary conviction; from £150 (punts) to €500 in respect of each day on which the offence is committed after summary conviction; and from £10,000 (punts) to €50,000 on conviction on indictment.

Moreover, Building Control Authorities are able to recoup costs incurred in taking enforcement action and to obtain the benefit of fines resulting from summary prosecutions brought by them.