Written answers

Wednesday, 30 November 2011

Department of Environment, Community and Local Government

Building Regulations

10:00 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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Question 132: To ask the Minister for the Environment, Community and Local Government if he will ensure that all building materials and products are covered by the supplier's product liability insurance cover; if he will further ensure that building professionals engaged in the design and certification of developments have the appropriate professional indemnity insurance cover; if this can be applied to all contractors and subcontractors alike; and if he will make a statement on the matter. [37870/11]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The EU Construction Products Directive (89/106/EC) defines the regulatory position in relation to the trade of construction products and materials in the internal market. Anyone who supplies or markets a product for which a harmonised product standard applies (i.e. the vast majority of construction products and materials) has a responsibility independently to certify that the product meets the agreed standards. The Directive acknowledges the right of Member States to set their own statutory requirements in relation to such matters as health and safety and building regulations.

Part D of the Building Regulations deals with Materials and Workmanship. It stipulates that all works are to be carried out with proper materials and in a workmanlike manner. It defines proper materials as those materials which are fit for the use for which they are intended and for the conditions in which they are to be used. This can be demonstrated by a product bearing CE Marking in accordance with the EU Construction Products Directive; complying with an appropriate harmonised standard; a European Technical approval or a national technical specification; or complying with an appropriate Irish Standard, an Irish Agrément Board Certificate, or an alternative national technical specification of another State which provides an equivalent level of safety and suitability.

As Minister I have a responsibility under the Building Control Act 1990 to specify technical standards and performance requirements for building which is fulfilled in the form of the publication of the Building Regulations and accompanying Technical Guidance Documents, which are subject to ongoing review by my Department. I have no regulatory function in relation to public liability insurance or professional indemnity insurance.

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