Clare Daly (Dublin North, Socialist Party)
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639. To ask the Minister for Environment, Community and Local Government the action he proposes in relation to the tens of thousands of housing units built since 1992 which do not comply with Fire Safety Building Regulations. [27882/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Since 1 June 1992, all new, extended or materially altered buildings must be built in compliance with the requirements of the Building Regulations. The requirements of the Building Regulations are set out in 12 parts (classified as parts A to M) addressing the legally enforceable minimum performance standards which a completed building must achieve. My Department publishes a Technical Guidance Document (TGD) to accompany each part of the regulations outlining how the legal requirement may be achieved in practice. Part B/TGD B addresses the requirements in relation to Fire Safety. Primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. Implementation of enforcement measures is a matter for the local building control authority. Local authorities have extensive powers of inspection and enforcement as Building Control Authorities under the Building Control Acts 1990 to 2007, and as Fire Authorities, Planning Authorities and Housing Authorities under other Acts relevant to the built environment. I am aware that local authorities have used such powers on a number of occasions where circumstances have given rise to concern and I expect local authorities to continue to use all of the powers currently available to them to address serious building defects.

Neither I nor my Department have any function in relation to assessing, checking or testing compliance, or otherwise, of specific works or developments under the Building Control Acts or the Fire Safety Acts.

My Department is currently engaged in a review of Part B /TGD B. The question of the appropriate future regulatory requirements for all buildings, including housing units, will be addressed as part of this review. Any proposals for change will be subject to a comprehensive public consultation process and a rigorous Regulatory Impact Assessment in due course prior to their being signed into law.