Peter Mathews (Dublin South, Fine Gael)
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Question 385: To ask the Minister for the Environment, Community and Local Government if mortgages from local authorities fall under the remit of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995; and if he will make a statement on the matter. [31459/11]

Willie Penrose (Longford-Westmeath, Labour)
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Unfair contract terms, as prescribed by the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 relate to all business to consumer contracts with the exception of specific contract types listed in the Regulations, and of specific terms within contracts. As such, it is my understanding that mortgage contracts involving local authorities fall within the scope of the Regulations.

Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 386: To ask the Minister for the Environment, Community and Local Government the role of the relevant local planning authority in respect of planning permissions granted for voluntary housing co-operatives; if the local authority has any responsibilities relating to the standard of works to ensure that they comply with building regulations, when works are carried out which can lead to health and safety issues for example when there is only one set of pipes exiting the houses to cover waste water, domestic water and surface water, and when these matters are brought to the attention of the council by way of complaints from residents; and if he will make a statement on the matter. [31463/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Each local authority, in its role as planning authority, may grant or refuse planning applications in accordance with the requirements of the Planning and Development Acts 2000 to 2010 and regulations made thereunder. Voluntary and cooperative housing schemes are subject to planning requirements in line with standard practice.

Local authorities are responsible for the assessment and appraisal of all new voluntary sector projects and ensuring that they are advanced through the planning, procurement and implementation phases in accordance with the requirements of the Capital Works Management Framework for publicly funded capital projects.

In the case of new voluntary or co-operative housing developments, it is a matter for the approved housing body, as Contracting Authority under the terms of the funding schemes, to ensure that such developments comply with the relevant statutory planning and building standards. The approved housing body, as Employer under the terms of the building contract, is responsible for ensuring proper standards of materials and construction.

Local authorities also have responsibility for the enforcement of statutory requirements under the legislative codes governing Fire Safety, Building Control and Planning and Development. Under these legislative codes, local authorities have strong powers to:

(i) scrutinise proposals and inspect works in progress;

(ii) serve enforcement notices for non-compliance ;

(iii) institute proceedings for breaches of regulatory requirements;

(iv) seek High Court injunctions if non-compliance poses considerable and serious danger to the public.

Where a complaint is made in relation to a potential building defect, such as inadequate pipework, the local authority would be expected to examine the matter before deciding what action, if any, may be required.