John Browne (Wexford, Fianna Fail)
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786. To ask the Minister for Environment, Community and Local Government his views on an anomaly in the Residential Tenancies Act 2004, which does not expressly prohibit the signing of a private residential lease on a purely commercial rated property, without the property having the benefit of planning permission for a change of use, or building control approval in relation to fire and safety regulations; if he will consider an amendment to rectify this anomaly in the Residential Tenancies (Amendment) Bill 2012, currently awaiting Committee Stage in Seanad Éireann; and if he will make a statement on the matter. [14305/15]

Paudie Coffey (Waterford, Fine Gael)
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The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants.The 2004 Act applies to all dwellings the subject of a tenancy. For the purposes of the Act, a dwelling means a self-contained residential unit. Section 3(2)(a) of the Act provides that the Act does not apply to a dwelling that is used wholly or partly for the purpose of carrying on a business.

The Building Regulations set out the legal requirements in relation to design and construction that apply to a new building or to an existing building undergoing an extension, material alteration or a material change of use. A change from commercial to residential use constitutes a material alteration.

Compliance with the building regulations is primarily the responsibility of the owner and the builder of a building. In instances where there has been a material alteration that does not comply with the building regulations, the matter should be reported to the relevant local authority. Enforcement of the building regulations is the responsibility of the 31 local building control authorities who are empowered to carry out inspections and initiate enforcement proceedings, within five years of the date on which the building or works was completed.

In addition, all landlords have a legal obligation to ensure that their rented properties comply with the Housing (Standards for Rented Houses) Regulations 2008. These regulations specify requirements in relation to a range of matters, such as fire safety, structural repair, sanitary facilities, heating, ventilation and safety of gas and electrical supply. Responsibility for enforcement of the standards regulations rests with the relevant local authority. The penalties for non-compliance with the regulations can amount to a fine and/or imprisonment for up to six months. Local authorities also have the power to serve prohibition notices on properties which disbar the landlord from renting the property out until such time as it complies with the standards. Local authorities have an active programme of targeted inspections in place to ensure compliance with standards. Where a tenant believes that their rented dwelling does not comply with the minimum standards for rented accommodation, they should contact their local authority to arrange an inspection.