Dominic Hannigan (Meath East, Labour)
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Question 366: To ask the Minister for the Environment, Community and Local Government the action a homeowner can take if they feel that their home has not been built to the specifications of the 2003 Building Regulations and wish to make a complaint; and if he will make a statement on the matter. [30594/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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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 Building Control Authority in the Local Authority responsible for the area in which they live.

It may be the case that the builder/developer who built their home was a member of a structural guarantee warranty/scheme, such as that provided by HomeBond, or subject to other insurance cover. This should be ascertained and pursued where 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.