Clare Daly (Dublin North, Socialist Party)
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197. To ask the Minister for Environment, Community and Local Government if he will ensure that local authorities in considering requests for future planning permissions will take account of the record of builders and developers to deal satisfactorily with pyrite and other breaches of building regulations in their former projects and developments; and if he will make a statement on the matter. [23405/13]

Jan O'Sullivan (Limerick City, Labour)
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Section 35 of the Planning and Development Act 2000 provides that planning authorities may apply to the High Court for authorisation to refuse to grant planning permission to a developer who has substantially failed to comply with the conditions of a previous permission. This power was significantly strengthened in the Planning and Development (Strategic Infrastructure) Act 2006, which effectively reverses the burden of proof in relation to the refusal of planning permission to a developer who has substantially failed to comply with a previous planning permission. Under the amended provisions, the authority may refuse permission in such a case and the developer will have to go to the High Court if he or she wishes to apply to have this decision annulled.

In relation to the building code, I have recently signed into law the Building Control (Amendment) Regulations 2013. The revised regulations will require, inter alia ,

- the submission of compliance drawings and documentation to local building control authorities;

- an inspection plan to be drawn up and executed during construction by a registered professional (who will be known as the Assigned Certifier); and

- mandatory certificates of compliance to be signed by the designer prior to construction and by the Assigned Certifier and Builder when a building is complete.

I expect that the improved quality of the information submitted to local building control authorities on and from commencement will facilitate them in undertaking a risk based approach to inspection.

My Department is currently in discussions with the Construction Industry Federation, with a view to putting in place a voluntary scheme of registration for builders with the intention of transitioning this to a statutory scheme over time when it is proven to be a quality registration scheme and operating effectively in practice.