Catherine Murphy (Kildare North, Independent)
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Question 44: To ask the Minister for the Environment, Community and Local Government if an assessment will be undertaken by local authorities of all unfinished estates to determine if residential accommodation is compliant with the Building Control Act 2007 and Building Control Regulations 1997-2010; and if he will make a statement on the matter. [31187/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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There are no plans currently under consideration within my Department for an assessment along the lines suggested.

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 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.

Any existing homeowner who has purchased a home in an unfinished estate, and who may be concerned about compliance with the requirements of the Building Regulations, should be advised to report any such concerns to the Building Control Authority in the Local Authority responsible for the area in which they live.

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.