Simon Harris (Wicklow, Fine Gael)
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448. To ask the Minister for Environment, Community and Local Government the measures in place to ensure that building regulations are enforced and that persons purchasing their homes will be assured that rigorous building standards are in place and inspected; and if he will make a statement on the matter. [49155/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on:

- clear legal standards as set out in the Building regulations;

- detailed Technical Guidance Documents to outline how these standards can be achieved in practice;

- the burden and responsibility for compliance resting first and foremost with developers/builders;

- a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and

- the responsibility for enforcing compliance with the building regulations resting with the 37 local building control authorities.

Where a contract exists between the owner of a building (including a local authority in the case of certain publicly owned buildings) and the relevant builder/developer, the resolution of problems is a matter for the parties concerned, namely the building owner, the relevant developer and the builder’s insurers and where a resolution cannot be achieved through dialogue and negotiation, enforcement may become a civil matter.

In relation to enforcement, local authorities have extensive powers under the Building Control Acts of 1990 and 2007 which include the powers to scrutinise proposals and inspect works in progress (in this regard an inspection target is in place requiring that inspections take place on 12% to 15% of new buildings for which valid commencement notices are lodged); to serve enforcement notices for non-compliance; to institute proceedings for breaches of regulatory requirements; and to seek High Court injunctions if non-compliance poses considerable and serious danger to the public.

While a robust system of building control does exist, there are steps that can and must be taken to strengthen the system. Earlier this year, I signed into law the Building Control (Amendment) Regulations 2013. Under these regulations all new building projects commencing on and from 1 March 2014, when the new regulations take effect, will require design drawings and particulars to be lodged with the local building control authority, inspections during construction overseen by a registered construction professional known as the Assigned Certifier and certificates of compliance to be signed by the lead designer, the builder and the assigned certifier. The new regulations will require Building Control Authorities to develop a risk-based approach to inspection and compliance checking, having regard to their experience of industry activity within their functional area. The new regulations are designed to ensure that competence and professionalism become part and parcel of building projects generally and will usher in a new era of quality in our construction industry.