Joe Higgins (Dublin West, Socialist Party)
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To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the fact that on foot of evidence of non-compliance with fire safety regulations in an estate (details supplied) requests have been made on behalf of individual house and apartment owners by TDs and a fire safety specialist for an Enforcement Notice from Dublin City Council Building Control, the City Manager, City Engineer and Chief Fire Officer on 12 December 2012 to enable opening up to inspection critical sections of files regarding the construction of the complex to establish the full extent of the non-compliance with particular reference to the potential fire spread risk; and if he will make a statement on the matter. [5560/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Compliance with the building regulations is first and foremost the responsibility of the building owner and developer. Where defects occur remediation is a matter between the parties, and their agents and insurers, subject to any contractual arrangements that have been entered into. Enforcement is a matter for the building control authority in whose functional area the relevant building is situated. As Minister I have no role in relation to enforcement and cannot interfere in individual cases.

In addition to their powers under the Building Control Acts, local authorities also have extensive powers of inspection and enforcement under the Fire Services Acts and the Planning and Development Acts. I am aware of such powers having been used to good effect on a number of occasions in recent times where concerns have arisen in relation to a number of developments, including Belmayne . I expect local authorities to continue to use all of the powers currently available to them to respond appropriately in such cases, and in particular in those circumstance where building defects and fire safety concerns have been visited on vulnerable residents through no fault of their own.

I understand that Dublin City Council will respond directly to the correspondence referred to in the question within the next week. I have asked my Department to continue to liaise closely with the City Council in relation to the on-going programme of remedial works being undertaken at Belmayne.