Seán Sherlock (Cork East, Labour)
Link to this: Individually | In context

Question 446: To ask the Minister for the Environment, Heritage and Local Government his plans to legislate for or regulate the construction industry with respect to the structural engineering design of building structures; and if he will make a statement on the matter. [20145/10]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

The national Building Regulations, which are operative since 1992, set out the legal requirements for the construction of new buildings and the extension of, material alteration to, and certain changes of, use of existing buildings. The comprehensive set of related Technical Guidance Documents (TGDs) provide detailed information on how to comply with the Regulations. The Regulations are subject to review and improvement in the light of ongoing technical progress and developments within the construction industry, in consultation with the Building Regulations Advisory Body (BRAB). BRAB was established under the Building Control Act 1990 to advise me on matters relating to building regulations.

Part A of the Building Regulations sets out the legal requirements for the structural performance of buildings. It covers issues such as loadings on buildings, ground movements and disproportionate collapse. TGD-A provides guidance on how to comply with Part A and calls up structural design standards, for example the Eurocodes (which includes EN 1990). Designs carried out to these Standards and their accompanying National Annexes will, prima facie, indicate compliance with Part A.

A Fire Safety Certificate (FSC) is currently required before construction work commences on new non-domestic buildings and apartment blocks and extensions to or material alterations/changes of use of, existing buildings. The FSC is issued by the Building Control Authority and certifies that the building, if constructed in accordance with the plans and documentation submitted, will comply with the requirements of Part B of the Building Regulations.

Section 5 of the 2007 Act contains a new provision for the submission of a 7 Day Notice to a Building Control Authority, before grant of the relevant Fire Safety Certificate (FSC), where a person intends to commence work on the construction of a building, or an extension of, or a material alteration to, a building. It must be accompanied by a valid application for an FSC and by a Statutory Declaration stating that the application for the relevant FSC has been completed in all respects and complies with the requirements of the Building Regulations; that any works commenced before the FSC is granted will comply with the Regulations; and that the person will carry out any modifications which may be required by the FSC, when granted, within such period as may be specified by the Building Control Authority.

There is also a new provision for a Revised Fire Safety Certificate where an application for an FSC is made before the grant of planning permission, for any works required by the permission ultimately granted, or where significant revision has been made to the design or works of a building for which an FSC has been granted.

In addition, there is provision for a Regularisation Certificate where a building has been commenced or completed without an application for an FSC, where such Certificate is required. An application for a Regularisation Certificate must include a Statutory Declaration from the applicant that the works carried out are in compliance with the requirements of the Building Regulations. The Building Control Authority may issue the Certificate having considered the application and carried out an inspection of the building. The Authority is empowered to specify that the Regularisation Certificate will not have effect unless any conditions/additional works required by the Authority are carried out within a period of 4 months after it is granted.

Section 5 of the Act also provides for a prohibition on the opening, occupation or use of a building which has not been granted the necessary certificates by the Building Control Authority, as required, including the certificates referred to above.

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 individual Building Control Authorities which are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. The careful selection of competent building professionals and contractors should help to ensure that buildings are designed and constructed in accordance with the Regulations. Where the construction of a building is the subject of a contract between the client and the builder compliance is also a contractual obligation.

Compliance with the Building Regulations is kept under constant review by my Department. I understand that BRAB has completed a report on enforcement of the regulations and that this report is to be submitted to me shortly. I expect this to be an important input to my Department's ongoing consideration of the building regulations regime.