Written answers

Tuesday, 25 March 2014

Department of Environment, Community and Local Government

Noise Pollution

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
Link to this: Individually | In context | Oireachtas source

729. To ask the Minister for Environment, Community and Local Government if he will introduce a scheme, similar to the pyrite scheme, which will afford redress to homeowners whose properties were inadequately insulated acoustically that is where the building regulations requiring resistance to sound coming from neighbouring dwellings or buildings have not been applied, with consequent , negative effects on quality of life, mental health, and neighbourly relations; and if he will make a statement on the matter. [14131/14]

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

The Building Regulations set out the legally enforceable minimum standards which a new building must achieve. Primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. In general, building defects are matters for resolution between the contracting parties, the homeowner, the builder/developer and/or their respective insurers and in the event that the parties cannot reach a settlement by negotiation the option of seeking redress in the Courts is available .

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.

There are no proposals to introduce a scheme similar to the pyrite remediation scheme to fund remediation works where an owner or a builder/developer has failed to meet their statutory obligations under the Building Control Acts 1990 and 2007.

The pyrite remediation scheme is a very limited scheme applicable to a restricted group of homeowners. It is a scheme of “last resort” where homeowners can demonstrate to the Pyrite Resolution Board that they have no other practicable option to remediate significant damage attributable to pyritic heave. The scheme was introduced having regard to the exceptional nature of the pyrite problem and the circu mstances in which it occurred.

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

730. To ask the Minister for Environment, Community and Local Government the position regarding house alarms (details supplied); and if he will make a statement on the matter. [14154/14]

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

Section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise from any premises, processes and works. The Environment Section of the relevant City or County Council is the appropriate contact point for reporting a noise nuisance in this regard. In addition, under section 108 of the Environmental Protection Agency Act 1992, where any noise is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance, then it is open to any person, or group of persons, to bring a complaint to the District Court. The Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned must comply with that order.

The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet outlining the legal avenues available to persons experiencing noise nuisance is available to download from my Department's website at the following address: . The Court may take into account whether the person alleged to have caused a noise nuisance took all reasonable care to prevent or limit the noise by using facilities, practices and methods of operation that are suitable for that purpose.

The Private Security Authority (PSA), under the aegis of the Department of Justice and Equality, is responsible for the licensing, control and supervision of all installers of security equipment. The PSA has powers to maintain and improve standards in the provision of services, including standards for intruder alarms. As of 1 August 2006, alarm installers cannot legally operate without a PSA licence, the granting of which requires that the installer is compliant with the Irish Standard for intruder alarm systems, IS EN50131. While this standard does not specify a maximum decibel level, it does specify a maximum duration of 15 minutes for the sounding of external alarms on buildings, which must cease automatically after this maximum duration. This applies to all external alarms installed after 1 August 2006.

Comments

No comments

Log in or join to post a public comment.