Written answers

Tuesday, 1 April 2014

Department of Environment, Community and Local Government

Building Regulations Qualifications

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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357. To ask the Minister for Environment, Community and Local Government the reason architectural technologists are excluded from signing design certificates and completion certificates under the Building Control (Amendment) Regulations 2014, SI 9 of 2014; and if he will make a statement on the matter. [14965/14]

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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364. To ask the Minister for Environment, Community and Local Government under the Building Control (Amendment) Regulations 2014, the qualifications that are necessary to become an assigned certifier; if there are provisions for a person with extensive relevant experience but without these qualifications to become an assigned certifier; and if he will make a statement on the matter. [15088/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 357 and 364 together.

The Building Control (Amendment) Regulations 2014 (SI No. 9 of 2014), which came into operation on 1 March 2014, greatly strengthen the arrangements in place for the control of building activity by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certificates of design and construction, lodgement of compliance documentation, mandatory inspection during construction and validation and registration of statutory certificates.

The statutory certificates of compliance must be signed by a registered professional i.e. a person who is included on the statutory registers of architects or building surveyors maintained in accordance with Parts 3 and 5, respectively, of the Building Control Act 2007 or on the register of chartered engineers established under the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969. Architects, Building Surveyors and Chartered Engineers are the construction professions typically involved in the design of construction works in Ireland and reference to these professions in regulation is entirely appropriate.

The profession of Architectural Technologist is not a regulated profession in Ireland. However, depending on their personal background and experience, it may be open to persons who are Architectural Technologists, and who possess the requisite experience and competence in the design of buildings, to seek inclusion on either of the statutory registers in respect of Architects or Building Surveyors. This would enable a person so registered to sign statutory certificates of compliance as provided for under S.I. No. 9 of 2014.

The Building Control Act of 2007 also provides for routes to inclusion on the statutory registers of Architects or Building Surveyors in respect of non-academically qualified persons who are practically trained.

Persons who have been engaged in the design of buildings but who are not registered should contact the designated registration bodies (i.e. Royal Institute of the Architects of Ireland, Society of Chartered Surveyors Ireland or Engineers Ireland) with a view to identifying the most appropriate route to registration appropriate to their own individual circumstances.

I tasked Mr Garrett Fennell, Solicitor, to carry out a review of the routes to entry to the statutory register. Mr Fennell submitted his report to me last September and I intend to implement the report recommendations in full. This should ease access to the register, especially for practically trained persons.

Photo of Eoghan MurphyEoghan Murphy (Dublin South East, Fine Gael)
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358. To ask the Minister for Environment, Community and Local Government the reason the transitional arrangements detailed in SI 105 extend only to educational and health care projects (details supplied). [15006/14]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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371. To ask the Minister for Environment, Community and Local Government the steps he has taken to ascertain the readiness of all Departments regarding compliance with the regulations, prior to the deferral of the implementation of the Building Control (Amendment) Regulations 2014 in respect of educational and hospital projects; if he received specific representations from the Departments of Education and Skills and Health and, if so, if he will publish those representations; and if he will make a statement on the matter. [15215/14]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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384. To ask the Minister for Environment, Community and Local Government if changes in public sector construction contract forms had any impact on the decision to defer the implementation of the Building Control (Amendment) Regulations 2014 in respect of educational and hospital projects; and if he will make a statement on the matter. [15343/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 358, 371 and 384 together.

I refer to the reply to Questions Nos. 127, 128, 129 and 130 of 26 March 2014 which sets outs out clearly the background context leading to the making of the Building Control (Amendment) (No 2) Regulations 2014. The position remains unchanged. I will make arrangements to have the letter of 5 February 2014 received from the Minister for Education and Skills, referred to in the reply, placed in the Oireachtas Library. This is the only written representation I received from another Minister in relation to this matter.

As indicated, my Department consulted with relevant Departments/ agencies represented on the Government Contracts Committee for Construction (GCCC), in relation to the implications of the Regulations for the public capital programme. Several Departments/Agencies, including the Department of Education and Skills, the National Development Finance Agency and the Health Services Executive, expressed concerns that the new requirements may cause delays in the Public Capital Programme. Large-scale public infrastructure projects, in particular, are prone to costly delays due to strict national and EU procurement rules which do not generally apply to private sector projects. Other agencies, notably the OPW, reported that the necessary arrangements were in place to administer contracts in accordance with the new requirements.

I understand that the Office of Government Procurement at the Department of Public Expenditure and Reform has issued Guidance Note 1.1.1 – Building Control (Amendment) Regulations 2014 – Procurement Implications for Contracting Authorities. Concerns in relation to the clarity and definition of the Assigned Certifier on public procurement projects do not therefore arise.

Outside of the application of the Building Control (Amendment) (No.2) Regulations 2014, my Department will liaise closely with industry stakeholders and relevant Departments/agencies in order to ensure that no unforeseen difficulties will arise in relation to the delivery of large scale capital investment projects.

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