Finian McGrath (Dublin North Central, Independent)
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Question 613: To ask the Minister for the Environment, Community and Local Government the options available to a person (details supplied) in Dublin 5. [26988/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Firstly I acknowledge the distressing and stressful situations which individuals face when building works are not completed to the required acceptable standard. The Building Control Act 1990 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. The Building Regulations set out the legally enforceable minimum standards which a new building must achieve. Enforcement of the Building Regulations is primarily the responsibility of the 37 local Building Control Authorities who have strong powers to serve enforcement notices for non-compliance or to institute proceedings for breaches of regulatory requirements within a period of five years from the date the building has been completed. Homeowners should be advised to report any concerns about non-compliance with the Building Regulations to the local Building Control Authority, in this case Dublin City Council.

There is no mention in the details supplied as to whether the builder/developer was a member of any structural guarantee warranty/scheme, such as that provided by HomeBond, and this should be ascertained and pursued if relevant. Remediation of defects is a matter between the parties concerned, the owner and the builder/developer and their insurers. If satisfactory resolution cannot be achieved through dialogue and negotiation the option of seeking civil legal remedy may be considered. It is noted that the homeowner in question has already been in contact with a solicitor and is therefore already receiving professional advice in relation to the options available having regard to the particular circumstances.