Written answers

Wednesday, 1 May 2013

Department of Environment, Community and Local Government

Building Regulations Amendments

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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18. To ask the Minister for Environment, Community and Local Government his plans to revise the building control regulations to make provision for contractors providing services to the owners of domestic septic tanks; and if he will make a statement on the matter. [20303/13]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The national building regulations prescribe construction and performance standards for buildings and dwellings, and include provisions relating to septic tanks. The regulations were introduced under the Building Control Act, 1990, and are operative since 1 June, 1992. Compliance with the regulations is the responsibility of the owner or builder of a building. Enforcement of the regulations is the responsibility of the 37 local building control authorities who are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. Part H of the Second Schedule to the Building Regulations 1997 to 2011 sets out the requirements for the disposal of foul and surface water. The related Technical Guidance Document (TGD H 2011) provides guidance on how these requirements can be achieved in practice. In relation to the use of septic tanks in particular, TGD H states that "Septic Tanks must conform to I.S. EN 12566 Part 1 or 4 including their national annexes and comply with the EPA Code of Practice - Section 7." The national annexes are published by NSAI and set out clearly the performance required by septic tanks when used in Ireland, and tested in accordance with I.S. EN 12566 Part 1 or 4.

Part H/ TGD H 2011 applies when a septic tank is being installed or replaced in a new or existing dwelling. Where works in the nature of repairs and renewals are undertaken the requirement is that the works must result in the septic tank concerned being in no greater contravention with the current requirements of Part H/TGD H.

My Department has no function in monitoring the performance of building contractors providing services to the owners of domestic septic tanks and, in the circumstances, I have no plans to amend the Building Control Regulations along the lines suggested.

It is open to persons commissioning such works to retain a building professional (e.g. Architect, Engineer etc.) to advise them on the appointment of a competent contractor, to supervise the relevant construction works, and to certify satisfactory execution of works prior to payment of moneys to the relevant contractor.

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