Terence Flanagan (Dublin North East, Fine Gael)
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Question 765: To ask the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No 282 of 21 Jan 2010 if he will respond to the following matter (details supplied); and if he will make a statement on the matter. [14704/10]

John Gormley (Dublin South East, Green Party)
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Under the Building Control Act 1990, responsibility for compliance with the Building Regulations is a matter for the owner or builder of a building. Enforcement of the building regulations is the responsibility of the 37 local building control authorities. The authorities are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary.

The agreed national inspection target is that each building control authority should inspect a minimum of at least 12% to 15% of buildings covered by valid Commencement Notices served on the authority. My Department understands from statistical returns from building control authorities for the period January-June 2009 (the latest period for which complete data is available) that almost all authorities were carrying out inspections and 35 out of 37 authorities had reached the national target inspection level. My Department liaises closely with the building control authorities to ensure that inspection targets are met.

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.

Compliance with the building regulations is kept under constant review by my Department. I understand that the Building Regulations Advisory Body, which was established under the 1990 Building Control Act to advise me on matters relating to building regulations, has completed a report on enforcement of the regulations and that this report is to be submitted to me shortly. I expect that the report will be an important input to my Department's ongoing consideration of the building regulations regime.