Written answers

Tuesday, 11 June 2013

Department of Environment, Community and Local Government

Building Regulations Amendments

Photo of Tom FlemingTom Fleming (Kerry South, Independent)
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613. To ask the Minister for Environment, Community and Local Government if he will he examine the attached submission (details supplied) regarding the effect on independent architects that the new registration regime coming into practice will have following the date for the banning of many independent firms with decades of experience in architecture from certifying their own building works without a fair independent registration system first being in place; and if he will make a statement on the matter. [27610/13]

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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640. To ask the Minister for Environment, Community and Local Government the number of independent architectural firms that may be endangered following the date for the banning of many independent firms with decades of experience in architecture from certifying their own building works without a fair independent registration system first being in place. [27901/13]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 613 and 640 together.

Part 3 of the Building Control Act 2007 provides for the registration of persons entitled to use the title of Architect in order to protect consumers against individuals passing themselves off as architects. Since the commencement of the Act any person not being so registered who uses the title architect (either alone or in combination with any other words or letters, or name, title or description) may be guilty of an offence which, on summary conviction, may result in a fine not exceeding €5,000 or a term of imprisonment not exceeding 12 months or both.

With effect from 1 March 2014 the Building Control (Amendment) Regulations 2013 will require, among other things, that design drawings demonstrating compliance with the requirements of the second schedule to the building regulations be lodged with the local building control authority prior to commencement of works and that a registered professional be assigned to inspect the implementation of the design during construction so that he/she is in a position to certify the completed building for compliance with the requirements of the second schedule to the building regulations. The statutory certificates of completion underpinning the procedures outlined must be signed by a registered professional i.e. a person who is included on the statutory registers of architects or building surveyors maintained in accordance with parts 3 and 5 respectively of the Building Control Act 2007 or on the register of chartered engineers established under the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.

Architects, building surveyors and chartered engineers are the construction professions typically involved in the design of construction works in Ireland and reference to these professions in regulation is entirely appropriate. It is open to persons, including members of the Architect’s Alliance of Ireland, the Group of Independent Architects of Ireland and the Chartered Institute of Architectural Technologists, who possess the requisite experience and competence in the design of buildings , to seek inclusion on either of the statutory registers of architects or building surveyors as established under Part 3 and Part 5 respectively of the Building Control Act 2007. Inclusion on either register will enable a person to sign statutory certificates of compliance as provided for under the new regulations when they come into effect on and from 1 March 2014.

I have recently asked Mr. Garrett Fennell, solicitor, who is currently serving as the chairperson of the admissions board relevant to the register of architects, to carry out an independent review of the experience to date in relation to the operation of the register with a view to identifying any further improvements that can be made at this point. The terms of reference for the review specifically address the matter of how the registration of practically trained architects can be further encouraged and I look forward to any recommendations and views the review report may offer in this regard in the coming months.

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