Willie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context

Question 197: To ask the Minister for the Environment, Community and Local Government the steps he will take to amend the building regulations which need to be focused upon the interests and protection of consumers, purchasers and or renters; and if he will make a statement on the matter. [17236/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

There is a clear statutory framework for construction activity, as set out under the Building Control Acts 1990 to 2007, and it is based on: -

- clear legal standards as set out in the Building Regulations;

- detailed Technical Guidance Documents to outline how these standards can be achieved in practice;

- the burden and responsibility for compliance resting first and foremost with developers/builders;

- a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and

- the responsibility for enforcing compliance with the Building Regulations resting with the 37 local building control authorities.

Where a contract exists between the owner of a building (including a local authority in the case of certain publicly owned buildings) and the relevant builder/developer enforcement may also be a civil matter.

Local authorities have extensive powers under the Building Control Acts which they can use to enforce compliance with the Building Regulations and recent events have shown that local authorities are prepared to use the courts where necessary and appropriate to effect compliance with planning permissions, Building Regulations and Fire Regulations, all of which are critically relevant to the quality of the built environment. Results can also be achieved, and often are, through discussion and persuasion with the threat of legal action.

Clearly, however, there are steps that can and must be taken to improve compliance with the Building Regulations and oversight of construction activity. That is why, in July 2011, I announced a number of additional measures to be advanced by my Department and local authorities, which include: -

(a) the introduction of mandatory certificates of compliance by builders and the 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 buildings have 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 and meaningful oversight of building activity;

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

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

It is my view that the introduction of the measures proposed will have the capacity to improve the quality of buildings and will lead to a further strengthening of the building control system. The proposed Building Control (Amendment) Regulations providing for mandatory certification and the submission of drawings will be the subject of a public consultation to be announced in mid-April 2012.