Michelle Mulherin (Mayo, Fine Gael)
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86. To ask the Minister for Environment, Community and Local Government the extent of pyrite damage identified in County Mayo homes to date; the assistance, supports and exemptions he proposes for the owners of these properties; and if he will make a statement on the matter. [25245/14]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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A report on problems with the cracking of concrete blocks used in the construction of two local authority estates in Mayo was submitted to my Department by Mayo County Council in late October 2013. Subsequently the Council notified my Department that two houses in another estate may also be affected; it is understood that 17 houses in the three estates are affected by the cracking in the blockwork. My Department sought additional information from the Council which has recently been submitted and, together with the report submitted last October, is under consideration.

In March 2014, my Department met with a number of private homeowners whose homes are similarly affected by structural problems. The problems appear to concern approximately 15 houses and the period of construction for the houses involved was 1997 to 2002.

The Building Regulations 1997 set out the legal requirements for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings and are divided in 12 parts (classified as Parts A to M). Technical Guidance Documents (TGDs) are published to accompany each of the parts and provide guidance indicating how the requirements of that part can be achieved in practice. Where works are carried out in accordance with the relevant technical guidance such works are considered to be, prima facie, in compliance with the relevant regulation(s).

Part A of the Second Schedule to the Building Regulations sets out the legal requirements in relation to structure. The accompanying TGD A provides guidance on how compliance can be achieved and, in the context of block work in houses, reference is given to the appropriate masonry design and construction standards. The materials to be used, e.g. concrete blocks, wall ties etc. are required to meet the specified minimum designations, strengths and other qualities, as set out in TGD A and the referenced standards.

Part D sets out the legal requirements for materials and workmanship. It requires that all works must be carried out using “proper materials...which are fit for the use for which they are intended and for the conditions in which they are to be used” and in a workmanlike manner to ensure compliance with the Building Regulations.

Primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings.

While I fully appreciate and acknowledge the extremely difficult and distressing situations that householders have to deal with when faced with the consequences of the use of defective materials or poor workmanship, building defects are, in general, matters for resolution between the contracting parties involved, i.e. the owner, the builder, the manufacturer, supplier, quarry owner and/or their respective insurers. In the event that the contracting parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered. I believe that the responsible parties should face up to their responsibilities and take appropriate actions to provide remedies for the affected homeowners.