Terence Flanagan (Dublin North East, Independent)
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148. To ask the Minister for Environment, Community and Local Government his views on correspondence (details supplied) regarding mandatory self-certification of building works; and if he will make a statement on the matter. [8597/14]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The new Building Control Amendment Regulations will greatly strengthen the arrangements currently in place for the control of building activity by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. The new regulations are necessary following the widespread instances of failure by owners, designers and builders to comply with their statutory obligations under the Building Control Act 1990 to design and construct buildings in accordance with the building regulations. Arrangements for a smooth transition to the new regulatory environment on 1 March 2014 are well in hand and my Department will continue to work with all parties to ensure they understand their obligations and the steps necessary to meet them.

As regards the issue of third party certification, it is not clear what useful purpose would be served by imposing a requirement for independent verification of design or construction by a third party as suggested. The merits of a designer overseeing the implementation of their design cannot be overlooked. Neither is there any intention to constrain the capacity of all-in service delivery models in key sectors of the industry. Enforcement powers under the Building Control Acts 1990 to 2007 continue to be vested in the local building control authorities and it is here that independence is called for and in place.

Part D of the Building Regulations deals with Materials and Workmanship. It stipulates that all works are to be carried out with proper materials and in a workmanlike manner. Proper materials are defined as being materials which are fit for the use for which they are intended and for the conditions in which they are to be used. Construction professionals who undertake the role of lead designer or assigned certifier and builders will in accordance with S.I. No. 9 of 2014 be required to demonstrate by lodgement of documentation and to certify that compliance with the requirements of the Building Regulations, which includes the Part D requirements, has been met.

As part of the wider reform of building control arrangements I have undertaken to explore the potential for latent defects insurance on construction projects as an ultimate recourse for consumers. The professionalism and accountability that the new arrangements under S.I. No. 9 of 2014 will bring to bear should lead to improved quality and reduce risk within the construction sector. This will in turn lead to market conditions more conducive to insurers and a wider availability and use of latent defects insurance. In that sense better regulation and insurability go hand in hand.