Written answers

Wednesday, 7 February 2018

Department of Housing, Planning, and Local Government

Fire Safety Regulations

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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302. To ask the Minister for Housing, Planning, and Local Government if he will report on the fire remedial works at a location (details supplied); if these remedial works have been completed; if the estate is now completely fire safe; and if he will make a statement on the matter. [6121/18]

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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303. To ask the Minister for Housing, Planning, and Local Government the outstanding fire safety works being completed at residential complexes nationally; the status of these remedial works; his views on whether there are fire safety concerns for units; if so, the timeframe for making these buildings fire safe; his plans for further legislation or a commission of investigation into dangerous buildings built by developers in the Celtic tiger era; and if he will make a statement on the matter. [6122/18]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 302 and 303 together.

In general, building defects are matters for resolution between the contracting parties involved: the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme. It is important to note that while my Department has overall responsibility for establishing and maintaining an effective regulatory framework for building standards and building control it has no general statutory role in resolving defects in privately owned buildings, including dwellings, nor does it have a budget for such matters.

In relation to remedial works, under the Building Control Acts 1990 to 2014, primary responsibility for compliance of works with the requirements of the Building Regulations, including Part B (Fire Safety), rests with the owners, designers and builders of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities who have extensive powers of inspection and enforcement under the Acts.

In addition, local authorities also have extensive powers of inspection and enforcement under the Fire Services Act 1981, the Housing Acts and the Planning and Development Acts, all of which may be relevant where fire safety concerns arise in residential developments. 

In August 2017, I published a Framework for Enhancing Fire Safety in Dwellings where concerns arise. The Framework is intended to be used as a guide by the owners and occupants of dwellings where fire safety deficiencies have been identified, or are a cause for concern. The Framework will also be of assistance to professional advisors both in developing strategies to improve fire safety and in developing strategies to enable continued occupation in advance of undertaking the necessary works to ensure compliance with the relevant Building Regulations.

In addition, in response to the Grenfell Tower tragedy and in recognition of fears expressed for fire safety, I tasked the National Directorate for Fire and Emergency Management in my Department, in June 2017, with co-ordinating a high-level Task Force to lead a re-appraisal of fire safety in Ireland.  I expect to be provided with their full and final report shortly.  

In response to the many building failures that have emerged over the past decade, my Department introduced the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), which require greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction by registered construction professionals and builders, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates.

A Certificate of Compliance on Completion is jointly signed by the builder and the assigned certifier. This must be accompanied by plans and documentation to show how the constructed building complies with the building regulations and also the inspection plan, as implemented.

At the end of May 2017, the Government approved the draft heads of a Bill to place the Construction Industry Register Ireland (CIRI) on a statutory footing and the Bill was referred to the Joint Oireachtas Committee on Housing, Planning, and Local Government for pre-legislative scrutiny.  I received the Committee’s report on 14 December 2017 and I am considering its recommendations, with a view to progressing the drafting as soon as possible.

Once it is enacted, the Bill will provide consumers who engage a registered builder with the assurance that they are dealing with a competent and compliant operator and will complement the reforms which have been made through the Building Control (Amendment) Regulations and contribute to the development of a culture of competence and compliance in the construction sector.

In relation to the Building Regulations, work has been on-going in my Department to review Part B/Technical Guidance Document (TGD) B – Fire (2006). A new Part B/TGD B Volume 2 (2017) came into force on 1 July 2017, in relation to dwellings. Important revisions in the TGD B Volume 2 include enhanced provision for fire detection and alarm systems in dwelling houses, guidance on fire safety in community dwelling houses, guidance on timber frame construction, including new provisions in respect of timber frame party walls, enhanced provisions in respect of loft conversions, new provisions for galleries in dwelling houses and other general updates. Work is currently underway on a revision to Part B/TGD B Volume 1, which will deal with all other buildings.

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