Written answers

Wednesday, 10 February 2010

Department of Environment, Heritage and Local Government

Building Control Act

10:00 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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Question 270: To ask the Minister for the Environment, Heritage and Local Government if he will suspend the progress of Part 3 of the Building Control Act 2007 to allow further investigation and discussion in view of the concerns on the part of persons that will be affected if same will be implemented; if he will meet with an organisation (details supplied) to prepare an amendment to the Act to endorse the established status of architect of the organisation in order to allow an orderly transition to the official register; and if he will consider removing another organisation (details supplied) as the statutory body and replace it with a completely independent registrar. [7090/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I do not propose to suspend or amend the provisions of Part 3 of the Building Control Act 2007. My colleague, the Minster for Housing and Local Services, held a meeting in August 2009 with representatives of the organisation referred to in regard to Part 3 of the Act, in particular the technical assessment process. Part 3 of the Act provides for registration of the title of "Architect".

The Royal Institute of the Architects of Ireland (RIAI), which is designated as registration body for Architects under the Building Control Act 2007, has established an Admissions Board and a Technical Assessment Board so that the registration process may commence in the near future. The RIAI has appointed architects to the boards and I have appointed the Chairpersons and non-architect majority to both boards. I am currently examining a submission from the RIAI on all registration fees under the Act and I hope to reach a decision on that submission shortly.

Section 14 of the Act sets out the eligibility criteria for registration in the statutory register of architects. Section 21 of the Act provides for the establishment of the Technical Assessment Board which will set out the criteria for assessment and consider applications for registration from persons who have been practising architecture for a minimum period of 10 years in the State. Section 22 sets out the procedures for the operation of the Technical Assessment Board.

The Act provides for an appeal against a decision of the Technical Assessment Board to an Appeals Board which will be appointed shortly. The Appeals Board will also have an independent Chairperson and a majority of lay members. There is ultimately an appeal to the High Court against a decision of the Appeals Board or any other Board or Committee.

Once statutory registration has formally commenced it will be an offence under sections 18 (1)(a) and 18(1)(d) of the Act to use the title of "Architect" unless registered on the statutory register. However, those sections 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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