Written answers

Thursday, 28 February 2013

Department of Environment, Community and Local Government

Building Regulations

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the Building Control (Amendment) Regulations 2012, as per draft available on his Department's website, will allow one person to design, construct and certify a building and his views on whether this is reasonable to ensure public safety. [10856/13]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The document referred to was released for public consultation in 2012. Over 500 submissions were received which have now been fully reviewed by my Department and a definitive set of Building Control Amendment Regulations 2013 is currently being finalised for signature into law.

The proposed Building Control Amendment Regulations 2013 will strengthen the current arrangements in place for the control of building activity by requiring the following in relation to all significant building works:

(a) drawings and particulars used for the purposes of construction to be submitted to the local building control authority;

(b) design to be undertaken and certified by competent professionals prior to works commencing;

(c) owners to formally assign a competent builder to undertake and certify the works;

(d) owners to formally assign a registered professional (to be known as the ‘Assigned Certifier’) who will be tasked with (i) preparing an appropriate

inspection plan for the building or works during construction (ii) carrying out inspections and overseeing inspection works by other parties in accordance

with the inspection plan, and (iii) certifying the works for compliance with the building regulations on completion;

(e) statutory certificates of compliance from designers, builders and assigned certifiers to confirm compliance with the Building Regulations and accepting

legal responsibility for their work.

I am satisfied that the reforms proposed including the lodgement of drawings, inspection by registered professionals and statutory certification will result in the necessary improvement in the quality of buildings and ensure that homeowners in particular are delivered the quality of homes they expect and deserve.

It is not clear what useful purpose would be served by imposing a requirement for independent design, construction and certification along the lines suggested. The merits of a designer overseeing the implementation of their design cannot be overlooked. Neither is there any intention to constrain the capacity of all-in service delivery models in key sectors of the industry. Enforcement powers under the Building Control Acts 1990 to 2007 continue to be vested in the local building control authorities and it is here that independence is called for and in place.

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