Finian McGrath (Dublin North Central, Independent)
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Question 115: To ask the Minister for the Environment, Community and Local Government if building regulations that require all new dwellings to have 10 kWh/m2/annum thermal or 4 kWh/m2/annum of electrical energy are being enforced; and the body with responsibility for enforcement. [38072/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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With effect from 1 July 2008, Part L (Conservation of Fuel and Energy) of the Building Regulations introduced, among other things, the requirement for a new dwelling to source a reasonable proportion of its energy consumption from renewable energy sources. The accompanying Technical Guidance Document (TGD L) outlines how this requirement can be achieved in practice by providing from renewable energy technologies a contribution of 10kWH/m2/annum towards domestic hot water heating, space heating or cooling or 4kWH/m2/annum of electrical energy or a combination of these which would have equivalent effect.

Where a building or development contains more than one dwelling the requirement can be applied to each individual dwelling or as an average contribution from renewable technologies across all dwellings.

Under the Building Control Act, 1990 responsibility for compliance with the building regulations is first and foremost a matter for the owner and builder of a building. Enforcement of the building regulations is the responsibility of the 37 building control authorities. The resolution of problems arising between building owners and builders is a matter for the parties concerned, namely the building owner, the relevant developer and the builder's insurers. Where the construction of a building is the subject of a contract between the client and the builder, enforcement is a civil matter.

Building control authorities are empowered to carry out inspections and can issue enforcement notices in relation to contravention of the building regulations within a period of five years from the completion of the new dwelling. Where necessary and appropriate they can also initiate enforcement proceedings to ensure compliance. The Building Control Act 2007 includes provision for summary prosecution of offences in the District Court.