Written answers

Wednesday, 6 July 2011

Department of Environment, Community and Local Government

Building Regulations

9:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 122: To ask the Minister for the Environment, Community and Local Government if he has been briefed by Dublin City Council on its investigation into alleged breaches of the Building Control Acts at a premises (details supplied) in Dublin 13; if he has been briefed on DCC's private investigation into safety breaches at the premises; if he will provide a full report on both of those investigations; his views on the fact that local residents have received no updates from DCC on the findings of the investigations; and if he will make a statement on the matter. [19038/11]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Building Regulations set out the legal requirements for the design and construction of new buildings, including houses, extensions and material alterations and certain changes of use of existing buildings. The related Technical Guidance Documents provide technical guidance on how to comply with the Regulations. Compliance with the Regulations is the responsibility of the owner or builder of a building. Enforcement of the Regulations is the responsibility of the 37 local building control authorities and, in the case of Priory Hall, responsibility rests with Dublin City Council who are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. I understand from Dublin City Council that investigations under the Building Control Acts are currently on-going in this case. Where building defects occur, their remediation is a matter for the parties concerned, namely the building owner, the relevant developer and the builder's insurers, in line with any contractual arrangements agreed between the parties.

As the Deputy will be aware, Dublin City Council has initiated legal proceedings in relation to compliance with planning permission and fire safety regulations; the enforcement proceedings are still before the courts. In addition, the Council, as a property owner in Priory Hall, commissioned a building survey in conjunction with other property owners in the complex who agreed to participate in the survey. The report has recently been submitted to the Council and copies forwarded to those owners who participated in the survey. The report is currently being considered by the Council.

Since taking up office I have prioritised the formulation of policy proposals that will enhance compliance with, and enforcement of, the building regulations. I am currently considering proposals to reform the building control system to include the introduction of mandatory certificates of compliance by builders and designers of buildings demonstrating that the statutory requirements of the Building Regulations have been met.

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