Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 159: To ask the Minister for the Environment, Heritage and Local Government if he will use his powers under the planning acts and building regulations to address the plight of residents of an estate (details supplied) in Dublin 13 which have been declared unsafe and from which Dublin City Council has removed tenants for safety reasons; if his attention has been drawn to the fact there is a precedent for such a situation as a result of self-regulation by developers; if he will examine this issue both in terms of addressing the plight of residents and in terms of ensuring that in future there is strict regulation by local authorities and that they are provided with the resources to do so; and if he will make a statement on the matter. [16128/10]

John Gormley (Dublin South East, Green Party)
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I refer to the reply to the Adjournment Debate on this matter on 8 December 2009.

Responsibility for compliance with the Building Regulations rests with the builder and the owner of a building. Enforcement is a matter for the local building control authority, which is empowered to carry out inspections and initiate enforcement proceedings when considered necessary.

Section 18 of the Fire Services Act 1981 places a duty on persons having control over premises, such as apartment complexes, to take all reasonable measures to guard against the outbreak of fire and to ensure the safety of persons on the premises in the event of an outbreak of fire.

In addition, Section 22 of the Act empowers fire authorities to inspect any land or building, including apartment complexes, for the purposes of the Act.

In relation to the development concerned, my Department has been advised by Dublin City Council, in whose administrative area the development is located, that, following an inspection of the development by the Council, enforcement notices under the Building Control Act 1990 and Fire Safety Notices under the Fire Services Acts, 1981 and 2003 were served on the owners and builder in relation to non-compliance. Further legal proceedings by the Council are pending in relation to this matter.

Dublin City Council has responsibility for 16 social housing units and a further 7 units are occupied by tenants under the Rental Accommodation Scheme. In addition, there are 7 units of accommodation managed by St. Michael's House. My Department understands that a number of these tenants have been moved to alternative accommodation pending the resolution of the issues with Priory Hall in accordance with the notices served. In this regard I refer to the reply to Question No. 395 of 2 March 2010.

The re-housing of occupants of privately owned apartments in the complex is a matter for resolution between the owners and the property vendor concerned.

While the enforcement action underway is a matter for Dublin City Council my Department is aware that since December 2009 remedial works, of a fire safety nature, have been ongoing. In addition, since December 2009, the basement in each block is not in use for car-park or storage purposes as required by the Council.