Written answers

Tuesday, 25 March 2014

Department of Environment, Community and Local Government

Building Regulations Compliance

Photo of Barry CowenBarry Cowen (Laois-Offaly, Fianna Fail)
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660. To ask the Minister for Environment, Community and Local Government if he has raised concerns regarding the issuing of an evacuation notice and subsequent rescinding of that notice in respect of a building (details supplied) by Dublin City Council; if he will provide the details of the fire safety certificate of the building; and if he will make a statement on the matter. [13060/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Enforcement of the Building Regulations is a matter for the individual loca l Building Control Authorities. Neither I nor my Department has any role in relation to such enforcement matters and cannot interfere in individual cases.

My Department does of course liaise with local authorities in relation to significant building control issues that have arisen in various multi-unit developments across the country, including the Aras na Cluaine Complex, Clondalkin, Dublin 22 which has already been the subject of court proceedings brought by South Dublin County Council. I have urged, and will continue to urge, local authorities to continue to use all of the powers currently available to them to address serious building defects.

Photo of Barry CowenBarry Cowen (Laois-Offaly, Fianna Fail)
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661. To ask the Minister for Environment, Community and Local Government his plans to establish a process to deal with unviable buildings similar to Priory Hall that must be evacuated due to health and safety issues; and if he will make a statement on the matter. [13061/14]

Photo of Phil HoganPhil 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.

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. Given that a clear statutory framework is in place, I have no proposals for the introduction of a remediation process along the lines suggested.

My Department continues to liaise with local authorities in relation to significant building control issues that have arisen in a number of multi-unit developments across the country . In this regard, local authorities have extensive powers of inspection and enforcement under the Fire Safety Act 1981, the Building Control Act 1990 and the Planning and Development Acts, all of which may be relevant in relation to fire safety arrangements in residential buildings, and local authorities have successfully used such powers to deal with a number of instances of non-compliance.

I have also amended the Building Control Regulations to require, in respect of building projects commencing on and from 1 March 2014, lodgement of design documentation, inspections during construction overseen by registered construction professionals, and certificates of compliance signed by designers, builders and assigned certifiers. The new regulations are designed to ensure that competence and professionalism become part and parcel of building projects generally and will lead to a new era of quality in our construction industry and ensure that the legacy of defective buildings seen in recent years will not recur.

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