Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source

170. To ask the Minister for Environment, Community and Local Government the assistance that is available for apartment owners living in an area (details supplied) in Dublin whose apartments are defective; and if he will make a statement on the matter. [10270/14]

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

I refer to the reply to Questions Nos. 469, 470, 479, 480, 481, 482 and 483 of 25 February 2014, which sets out the position in this matter.

Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source

171. To ask the Minister for Environment, Community and Local Government the assistance that is available for apartment owners living in an area (details supplied) in Dublin 13 whose apartments are defective; and if he will make a statement on the matter. [10271/14]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Firstly I acknowledge the distressing and stressful situations which individuals face when building works are not completed to the required acceptable standard. The powers to enforce the statutory requirements arising under the Fire Safety Act, the Building Control Acts and the Planning and Development Acts, all of which may be at issue in relation to a situation where apartments are defective, are vested in the relevant local authority. Neither I nor my Department have a direct role or responsibility in relation to the exercise of these statutory responsibilities. I have asked that local authorities use the powers that are available to them wherever reasonable and appropriate in order to assist homeowners who, through no fault of their own find that their home is defective. I am aware that Dublin City Council has been of assistance previously in this regard in relation to problems in this estate which have now largely been addressed as outlined in the reply to Question No. 149 of 23 October 2013.

In the absence of any specific information in relation to the nature of the defects referred to in the question, it should be noted that 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. The Building Regulations set out the legally enforceable minimum standards which a new building must achieve. Enforcement of the Building Regulations is primarily the responsibility of the local Building Control Authorities who have strong powers to serve enforcement notices for non-compliance or to institute proceedings for breaches of regulatory requirements within a period of five years from the date the building has been completed. Homeowners should be advised to report any concerns about non-compliance with the Building Regulations to the local Building Control Authority. The details supplied do not indicate whether the builder/developer was a member of any structural guarantee warranty/scheme, such as that provided by HomeBond, and this should be ascertained and pursued if relevant.

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, it may be appropriate to consider the option of seeking civil legal remedy.