Written answers

Tuesday, 25 February 2014

Department of Environment, Community and Local Government

Building Regulations Compliance

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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475. To ask the Minister for Environment, Community and Local Government further to Parliamentary Question No. 138 of 12 February 2014, the way in which a self-builder who is not a principal or director of a company may sign the section concerned as it clearly states it must be signed by a principal or director of a building company; and if he will consider removing or amending this section to avoid this confusion. [9335/14]

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour)
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492. To ask the Minister for Environment, Community and Local Government regarding the building control amendment regulations, which are due to be enacted in March 2014, if he will consider amending S.I 9, which currently states that a certificate of compliance on completion must be signed by a principal or director of a building company, to state that it is to be signed by the builder or home owner, thus making it legal for the home owner to sign the certificate, a circumstance which does not exist at present; and if he will make a statement on the matter. [9476/14]

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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499. To ask the Minister for Environment, Community and Local Government the criteria for inclusion on the register of approved builders for the purposes of the new building regulations; if the register has been compiled; if he will consider granting a derogation to those who have embarked upon the planning process before the introduction of the new regulations; if he will confirm that the new regulations make it impossible to self build unless one is on the register; and if he will make a statement on the matter. [9622/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 475, 492 and 499 together.

The new Building Control Amendment Regulations which come into operation on 1 March 2014 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. These obligations apply to all sectors of the housing market, including the self-build sector.

The Building Control Act and any regulations thereunder, including S.I. No. 9 of 2014, place no restrictions on whom an owner may assign as a builder.

The necessity to limit a signatory of the certificate of compliance on completion to a Principal or Director arises in the context of a company only. Where a self-builder is acting on his or her own behalf, there are no agents or intermediaries involved, and the potential for confusion over legal responsibility does not therefore arise.

In a self-build situation the legal responsibilities of both the owner and the builder will rest with the self-builder. An owner who intends to self-build will, therefore, prior to commencement, notify the building control authority that they are the builder and also sign and lodge the new form of undertaking by the builder. By signing this undertaking they declare that: they will undertake to construct the dwelling in accordance with the design as certified; any persons employed or engaged to undertake any part of the works will be competent; they will cooperate with the inspection plan prepared by the Assigned Certifier; and that they will take all reasonable steps to ensure they will certify the works, in conjunction with the assigned certifier, on completion.

Details of the Construction Industry Register Ireland (CIRI) are currently available on the relevant website, , established by the Construction Industry Federation. The register is a voluntary one at present but the Government is committed to placing it on a statutory footing in 2015.

The new regulatory requirements were the subject of an extensive public consultation undertaken in April/May 2012 which resulted in S.I. No. 80 of 2013 being made in March 2013 to come into effect on 1 March 2014. While S.I. No. 9 of 2014 revokes and replaces S.I. No 80 of 2013 in order primarily to allow for the rewording of the statutory certificates in the interests of insurability, there were no change of key principles or requirements involved and the implementation date remains as 1 March 2014.

I am satisfied that the necessary arrangements for implementation are in place and the question of deferral does not therefore arise.

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