Written answers

Wednesday, 2 June 2010

Department of Environment, Heritage and Local Government

Building Control Act

8:00 pm

Photo of Chris AndrewsChris Andrews (Dublin South East, Fianna Fail)
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Question 163: To ask the Minister for the Environment, Heritage and Local Government if he is considering the inclusion of a grandfather clause in the Building Control Act 2007, to counter the unintended impact that the implementation of Part 3 of the Act may have on some professionals in the area. [23705/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Section 14 of the Building Control Act 2007 sets out the eligibility criteria for registration in the statutory register of architects. It includes a category of persons who have been who have been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedure viz. practising architecture for a minimum period of 10 years in the State.

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. 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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