Written answers

Tuesday, 24 April 2012

Department of Environment, Community and Local Government

Building Regulations

9:00 pm

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour)
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Question 499: To ask the Minister for the Environment, Community and Local Government his plans to introduce tighter building controls to ensure that the problems of shoddy construction in Priory Hall, Dublin 13, are not allowed to happen in future buildings. [20163/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity 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 already have extensive powers under the Building Control Acts which they can use to enforce compliance with the Building Regulations. These include the powers to scrutinise proposals and inspect works in progress; to serve enforcement notices for non-compliance; to institute proceedings for breaches of regulatory requirements; and to seek High Court injunctions if non-compliance poses considerable and serious danger to the public.

While a robust system of building control exists, there are steps that can and must be taken to strengthen the system. I have recently released, for public consultation, proposed Building Control (Amendment) Regulations which will provide for (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; and (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.

The closing date for submissions in relation to the proposed regulations is 24 May 2012.

Mandatory certification and lodgement of drawings are key reforms which will have the capacity to improve the quality of buildings and will lead to further strengthening of the regulatory regime in 2012.

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