Dominic Hannigan (Meath East, Labour)
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326. To ask the Minister for Environment, Community and Local Government the steps home owners can take if they discover that the fire wall between their home and their neighbour's home has not been finished, which means the home does not comply with fire regulations, but the builder of the home has gone out of business; if, where they have an insurance policy with HomeBond, the work needed to bring their home in line with fire safety regulations will be covered; if not, whether grants are available to help home owners get this work done; and if he will make a statement on the matter. [52611/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Fire Safety requirements are addressed under Part B of the Building Regulations. The Building Control Act 1990 clearly places responsibility for compliance with the Building Regulations on the owner of the building concerned and on the builder/developer who carries out the works. There is no question of grant assistance being made available for remediation works where an owner or a builder/developer has failed to meet their statutory obligations.

Remediation of defects is a matter between the parties concerned, the owner and the builder/developer and their insurers. If satisfactory resolution cannot be achieved through dialogue and negotiation the option of seeking civil legal remedy may be considered. A legal professional, for instance from the solicitor who advised the homeowner in relation to the contract when buying their home, would be best placed to advise on this aspect of the matter and, also, on the question of pursuing a builder who has gone out of business in relation to their outstanding liabilities.

It may also be the case that the builder/developer was a member of a structural guarantee warranty/scheme, such as that provided by HomeBond, and this should be ascertained and pursued if relevant. I have no formal function in relation to such schemes.

Homeowners should be advised to report any concerns about non-compliance with the Building Regulations to the local Building Control Authority who will consider the matter and what action, if any, is appropriate depending on the circumstances involved.