Michael Healy-Rae (Kerry South, Independent)
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Question 160: To ask the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding the building control sections of local authorities; and if he will make a statement on the matter. [12059/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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A fee of €30 is payable with a Commencement Notice required in accordance with section 6(2)(k) of the Building Control Act 1990. Where a commencement notice relates to more than one building, the fee is €30 per building up to maximum fee of €3,800.

The Building Control Act clearly places responsibility for compliance with the Building Regulations on the owner of the building concerned and on the builder/developer who carries out the works. Moreover Section 6(4)(a) of the Act clearly specifies that where a commencement notice is submitted to a building control authority, the building control authority is not under any duty to any person to ensure that the building or works to which the notice relates will, either during the works or when completed, comply with the requirements of the Building Regulations or be free from any defect.

Building control authorities do however have a responsibility for enforcement of the Building Regulations and under the Act 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.

The agreed national inspection target is that each building control authority should inspect a minimum of at least 12% to 15% of buildings covered by valid Commencement Notices submitted to the authority. My Department understands from statistical returns from building control authorities, that an inspection rate of 23% was achieved across the local authority sector during 2010.

I attach high priority to consumer protection in the area of quality construction of new dwellings. That is why, in July 2011, I announced 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.

In broad terms the measures will involve:-

(a) the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the Building Regulations have been met;

(b) the lodgement of drawings at both commencement and completion of construction, demonstrating how the building has been designed and built to comply with all parts of the Building Regulations;

(c) more efficient pooling of building control staff and resources across the local authority sector to ensure more effective oversight of building activity;

(d) standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions;

(e) better support and further development of the building control function nationwide.

Mandatory certification, lodgement of drawings and improved inspection arrangements as outlined above are key reforms which, I believe, will have the capacity to improve the quality of buildings and will lead to further strengthening of the regulatory regime as early as possible in 2012.

Professionals who are engaged by developers will 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.