Terence Flanagan (Dublin North East, Independent)
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296. To ask the Minister for Environment, Community and Local Government his plans to provide a fund to help those homeowners whose homes were not built to building standards quality; and if he will make a statement on the matter. [5445/15]

Paudie Coffey (Waterford, Fine Gael)
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I have no proposals for the introduction of a fund along the lines suggested. The remediation of defects is a matter between the contracting parties, i.e. the homeowner, the builder /developer and/or their respective insurers. Where a structural guarantee is in place , there may be obligations on the guarantee provider if the defects fall within scope of the structural guarantee. In the event that the contracting parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered.

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 3 1 local building control authorities.

In addition, the Building Control Amendment Regulations 2014 , which came into effect on 1 March 2014, now require greater accountability for demonstrating compliance with the Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. I am satisfied that these measures are appropriate and will ensure a greater emphasis on competence, professionalism and quality in our construction industry into the future thereby ensuring that homeowners and construction clients can rely on getting the high quality homes and buildings they expect and deserve.

The online Building Control Management System (BCMS), which was developed by local authorities , also came into operation on 1 March 2014 in line with the commencement of the new regulations in order to provide a common platform for clear and consistent administration of building control matters across the local authority sector. The system will facilitate a risk analysis of all projects for which commencement notices are received , which will inform each building control authority’s own inspection arrangements thus ensuring that available inspection resources are used to optimum effect.

The enhanced professionalism and accountability arising from the arrangements under the Building Control (Amendment) Regulations 2014 will lead to improved quality and reduce risk within the construction sector. This will, in turn, lead to market conditions more conducive to insurers and a wider availability and use of latent defects insurance. Nevertheless , my Department has also undertaken to explore the potential for latent defects insurance on construction projects as a potential means of consumer redress as part of the wider reform of building control arrangements.