Clare Daly (Dublin North, Socialist Party)
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Question 160: To ask the Minister for the Environment, Community and Local Government the number of houses that have been accepted as complying with the building regulations without any inspection by building control on the basis only of a certificate of substantial compliance by an architect or engineer. [8968/12]

Phil 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 who are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. 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.

The Department sets an inspection target of 12-15% of all buildings covered by valid commencement notices.

The certificates of substantial compliance referred to in the question would appear to refer to forms drawn up by professional bodies in the construction industry in conjunction with the Law Society and used for conveyancing purposes. These forms were developed and published as opinions of compliance. They are often mistakenly described as 'certificates' of compliance with planning permission or 'certificates' of compliance with building regulations but this is incorrect - they are titled and intended to be opinions of compliance.

These forms are not part of the statutory building control system. I have previously expressed my concerns about the manner in which these forms have been used, in particular in relation to certain housing and apartment developments.

I have also previously outlined, most recently in response to Questions Nos. 166, 167 and 168 on 2 February 2012, a number of measures to be advanced by my Department and local authorities with a view to improving compliance with, and oversight of, the requirements of the Building Regulations and which will make it mandatory for owners, builders and designers of buildings to provide evidence of compliance with building regulations. Proposals in this regard will be released for public consultation in the coming weeks with a view to having the required changes in place as early as possible in 2012.

Professionals who are engaged by developers will thus be required to ensure that construction at least meets the legal minimum standards and there is an urgent need for the construction professions to deliver high standards and professionalism in the construction field.

Clare Daly (Dublin North, Socialist Party)
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Question 161: To ask the Minister for the Environment, Community and Local Government when he will introduce legislation requiring quarries to test materials for sale to ensure that no heave inducing material is delivered to building sites. [8969/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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There are existing requirements on quarries to carry out testing of aggregate materials. The Construction Products Directive (89/106/EEC) provides for a system of harmonised technical specifications for construction products. IS EN 13242:2002 is a harmonised European Product Standard for "Aggregates for unbound and hydraulically bound materials" for use in civil engineering work and road construction. It sets out the rules for producers to demonstrate conformity with the standard. It requires initial type testing before an aggregate is placed on the market, and these tests to be repeated if the aggregate comes from a new source, if there is a major change in raw materials or when the aggregate is to conform to a new requirement.

Standard Recommendation (SR) 21, initially published by NSAI in 2004 and revised in 2007, provides guidance on the use of IS EN 13242:2002. SR21:2004+A1:2007 gives additional specific guidance on reducing the risk of reactive forms of pyrite being present in material fill for use under concrete floors in dwellings and buildings.

I am awaiting the report of the Pyrite Panel and on receipt of this report, and having regard to any recommendations it may make, I will evaluate the necessity for any additional requirements to the existing testing regimes for quarries.

Clare Daly (Dublin North, Socialist Party)
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Question 162: To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the materials known as Clause 804 material which was found to be unfit for purpose under the Sale of Goods Act in the case of James Elliot v Irish Asphalt (Lagan), is commonly used under ground floor extensions to houses and is not yet required to be tested for sulphur content to determine potential heave; and his plans to deal with same. [8970/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The key requirements relevant to the use of hardcore material for buildings are set out in Part C (Site Preparation and Resistance to Moisture) and Part D (Materials and Workmanship) of the Second Schedule to the Building Regulations.

Part C (Site Preparation and Resistance to Moisture) of the Second Schedule to the Building Regulations sets out the legal requirements for Site Preparation and Resistance to Moisture. Requirement C4 stipulates that "the floors, walls and roof of a building shall be so designed and constructed as to prevent the passage of moisture to the inside of the building or damage to the fabric of the building".

Part D, Requirement D1 specifies that "All works to which these Regulations apply shall be carried out with proper materials and in a workmanlike manner". Requirement D3 defines "Proper Materials" as "materials which are fit for the use for which they are intended and for the conditions in which they are to be used".

The related Technical Guidance Documents - TGD C and TGD D provide guidance on how compliance with the requirements of the Building Regulations can be achieved in practice. Work carried out in accordance with the guidance provided in the TGDs is considered prima facie evidence of compliance with the Building Regulations.

TGD C provides guidance on hardcore for use in buildings. It states that "hardcore should conform with IS EN 13242:2002" (Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction) " and meet the specification as outlined in Annex E of the accompanying guidance document to this standard, SR21:2004+A1:2007".

Standard Recommendation (SR) 21:2004+A1:2007 provides specific guidance on reducing the risk of reactive forms of pyrite being present in material fill for use under concrete floors in dwellings and buildings. Annex E in SR 21:2004+A1:2007 is an example specification for unbound granular fill for use under concrete floors and footpaths and limits the total sulphur content to 1%.

The onus is on the builder/developer to ensure that all works undertaken are compliant with the relevant parts of the Building Regulations.

In the High Court case referred to in the question, it was acknowledged that Clause 804 is, in fact, a material superior to what is usually needed for construction infill and underfloor support. It is manufactured and sold on the basis that it is a high quality product. The quarry supplied stone fill which contained pyrite. The pyrite in the stone fill caused the heave in the subfloor area which caused the concrete ground floor to heave and crack.

This case is on appeal to the Supreme Court.

I will consider the necessity for any changes to the specification for hardcore on receipt of the report from the Pyrite Panel.

Clare Daly (Dublin North, Socialist Party)
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Question 163: To ask the Minister for the Environment, Community and Local Government the number of housing estates in each local authority that have been taken in charge since the building regulations were introduced; and the number that remain to be taken in charge at this time. [8971/12]

Jan O'Sullivan (Limerick City, Labour)
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The information sought in the question is not available to my Department.