Martin Heydon (Kildare South, Fine Gael)
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443. To ask the Minister for Environment, Community and Local Government the recourse available for homeowners in an area (details supplied) in County Kildare who are concerned regarding the standards of their buildings, which buildings are subject to an ongoing investigation; and if he will make a statement on the matter. [16829/15]

Paudie Coffey (Waterford, Fine Gael)
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I acknowledge the distressing and stressful situations which individuals face when they find that the home in which they have invested may not be completed to the required acceptable standard.

Local authorities have extensive powers of inspection and enforcement under the Fire Safety Act 1981, the Building Control Act 1990 and the Planning and Development Acts, all of which may be relevant in relation to fire safety arrangements in residential buildings.

Neither I nor my Department have any function in assessing, checking or testing compliance, or otherwise, of specific works or developments, nor can I or my Department influence or interfere in the handling of specific cases by local authorities who are independent in the use of their statutory powers. Nevertheless I have urged, and will continue to urge, local authorities in general to continue to use all of the powers currently available to them to address failures to comply with statutory requirements, particularly in relation to fire safety in residential developments within their functional areas.

I understand that Kildare County Council in its capacity as Fire Authority has previously been engaged with the Owner Management Company and with owners of some individual apartment units in the development concerned to resolve a number of problems that became apparent on and from 2013. I also understand that, following a recent incident affecting a number of units in the development concerned, Kildare County Council has engaged the services of a Fire Safety Consultant to assess compliance with fire safety requirements in a number of housing units. It is not possible at this point to determine what implications this might have for fire safety provision more generally in the development concerned. In the event that further action may be required, however, I would advise all owners concerned to cooperate with the Local Authority in carrying out its statutory role.

In relation to the recourse available for homeowners, the position is that the Building Control Act 1990 places primary responsibility for compliance with the Building Regulations on the owner of the building concerned and on the builder/developer who carries out the works. The Building Regulations are outlined in twelve parts (classified as parts A to M) and set down the legally enforceable minimum standards which a new building must achieve; fire safety is addressed under Part B. Enforcement of the Building Regulations is a matter for the 31 local Building Control Authorities who have strong powers to serve enforcement notices for non-compliance or to institute proceedings for breaches of regulatory requirements within a period of five years from the date the building has been completed.

Where building defects occur, their remediation is a matter for the parties concerned, namely the building owner, the relevant developer and the builder’s insurers, in line with any contractual arrangements agreed between the parties.  Where disputes cannot be resolved through dialogue or mediation, enforcement of contract terms becomes a civil matter. Professional advice, for instance from the solicitor who advised them in relation to the contract when buying their home or another legal advisor, is recommended for homeowners in this situation.

It may also be the case that the builder/developer was a member of a structural guarantee warranty/scheme and this should be ascertained and pursued if relevant.

Martin Heydon (Kildare South, Fine Gael)
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444. To ask the Minister for Environment, Community and Local Government the substantial changes that have been made to building regulations and standards that apply to homes built now, as compared to homes built in 2006; and if he will make a statement on the matter. [16830/15]

Paudie Coffey (Waterford, Fine Gael)
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Since 2006, my Department has completed reviews to a total of 10 Parts of the Building Regulations which resulted in the introduction of new regulatory requirements/technical guidance. Notwithstanding amendments to take into account revisions to relevant Irish, British and European standards, the principal changes to the Building Regulations since 2006 are set out below:

- Part A – Structurewas amended in 2012 to ensure consistency with the Eurocodes which are a set of harmonised structural design codes for building and civil engineering works which are now generally in force across EU Member States;

-Part D – Materials and Workmanshipwas revised in 2013 to revise the definition of “proper materials” to have regard to the relevant provisions of Regulation (EU) No. 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC;

- Part E – Soundwas amended in 2014 to establish new performance standards to improve the overall sound insulation performance of dwellings and introduce a completion testing regime on a proportion of all new dwellings in a development to ensure these new minimum standards are achieved in practice;

- Part F – Ventilationwas revised in 2009 to provide for higher standards of ventilation and support the measures introduced under Part L of the Building Regulations in respect of improved thermal performance;

-Part G – Hygienewas amended in 2008 to make dual flush toilets mandatory in new buildings;

- Part H – Drainage and Wastewater Disposalwas revised in 2010 in order to call up relevant parts of the Environmental Protection Agency’s Code of Practice: Wastewater Treatment and Disposal Systems serving Single Houses(2009);

- Part J – Heat Producing Applianceswas amended in 2014 and set out new legal requirements for the use and installation of heat producing appliances in buildings, including a requirement for carbon monoxide detectors in all new dwellings, and in existing dwellings, where new or replacement open flue or flueless combustion appliances are being installed;

- Part K – Stairways, Ladders, Ramps and Guardswas revised in 2014 to provide additional guidance on the prevention of falls from windows in dwellings;

- Part L – Conservation of Fuel and Energywas amended in 2007 and 2011 in respect of dwellings to provide for a 60% aggregate improvement (relative to 2005 standards) in both the energy and carbon performance of new dwellings and marked an important step on the road to nearly zero energy buildings which is required by 31 December 2020. Part L was also revised in 2008 in respect of buildings other than dwellings which introduced the methodology (known as NEAP or the Non-domestic Energy Assessment Procedure) to measure the energy demand and carbon dioxide emissions for new non-domestic buildings;

- Part M – Access and Usewas revised in 2010 to require that all new buildings other than dwellings should be designed and constructed so that people with a range of disabilities can safely and independently approach and gain access to such buildings, circulate within them, use the relevant facilities, including sanitary conveniences within them. Further amendments were introduced for new dwellings, which already had to be visitable by people with disabilities since 2001, in respect of approaches and widths of internal doors and certain fittings.

In addition, a comprehensive review to Part B (Fire Safety) of the Building Regulations, which was last reviewed in 2006, is now well advanced and a public consultation is envisaged by mid year. A review to Part C (Site Preparation and Resistance to Moisture) is anticipated to commence before the end of 2015.

Complementary to the Building Regulations, 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 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.