Written answers

Thursday, 18 December 2014

Department of Environment, Community and Local Government

Building Regulations Compliance

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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539. To ask the Minister for Environment, Community and Local Government the process regarding the sign-off of fire compliant new apartment blocks and houses; if he will compare it with the process that was in place prior to Priory Hall; and if he will make a statement on the matter. [49052/14]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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Under the Building Control Acts 1990 to 2014 and the Building Control Regulations made thereunder, all new apartments require a Fire Safety Certificate (FSC) issued by the local Building Control Authority. The FSC certifies that the building, if constructed in accordance with the plans and documentation submitted, will comply with the requirements of Part B of the Building Regulations. It is an offence to open, occupy or use a building without having a valid FSC where one is required.

While the above requirement for an FSC remains in place, the Building Control Regulations have been amended by S.I. No. 9 of 2014 which greatly strengthened the arrangements in place for the control of building activity. In particular, the regulations empower competence and professionalism in design and construction and require greater accountability in relation to compliance with Building Regulations, including the Fire Safety requirements addressed in Part B of the regulations. Statutory certificates of design and construction, lodgement of compliance documentation, mandatory inspection during construction and validation and registration of statutory certificates are now formally required in respect of all new buildings, including apartments, housing developments and one-off housing. As with an FSC, it is an offence to open, occupy or use a building for which a statutory certificate of completion is required and has not been included on the public building control register.

I am satisfied that the regulatory framework now in place represents a reasonable and appropriate response to the many building failures that occurred in the past decade and will lead to improved quality within the construction sector. Firstly, statutory certification brings greater legal clarity. Any builder or construction professional who now signs a statutory certificate in respect of a dwelling which subsequently proves to be non-compliant can be held legally liable for the consequences of his/her actions. Secondly, there is a greater onus now placed on professionals to provide consumers with a more comprehensive service. In this regard, any registered construction professional that is found guilty of misconduct runs the risk of being censured, suspended or ultimately removed from the relevant statutory register. Thirdly, the mandatory inspection plan guarantees oversight by a competent profession during the construction phase. Fourthly, the lodgement of project documentation on the online Building Control Management System facilitates closer monitoring of activity by the local building control authority. Finally, building owners and occupiers of new dwellings will henceforth have the right to access compliance documentation relevant to their home lodged with the local Building Control Authority , which will greatly assist them in identifying and pursuing the responsible party should problems occur.

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