Written answers

Tuesday, 27 March 2018

Department of Housing, Planning, and Local Government

Building Regulations

Photo of Michael HartyMichael Harty (Clare, Independent)
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620. To ask the Minister for Housing, Planning, and Local Government his plans for a redress scheme for purchasers of houses and apartments that were not properly constructed and that are non-compliant with building and fire regulations; and if he will make a statement on the matter. [13688/18]

Photo of Barry CowenBarry Cowen (Offaly, Fianna Fail)
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633. To ask the Minister for Housing, Planning, and Local Government the status of his plans to introduce measures to assist in financing management companies of pre-2014 multi-unit residential buildings that are found not to be in compliance with fire safety standards to undertake remedial building works; and if he will make a statement on the matter. [13889/18]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 620 and 633 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 this regard, it is incumbent on the parties responsible for poor workmanship and/or the supply of defective materials to face up to their responsibilities and take appropriate action to provide remedies for the affected homeowners.

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 and who are independent in the use of their statutory powers.

In August 2017, I published a Framework for Enhancing Fire Safety in Dwellings, which 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.

It should be noted that in response to the many building failures that emerged in the last decade, my Department has been working on a building control reform agenda, including the following:

- the introduction of the Building Control (Amendment) Regulations 2014, which require greater accountability in relation to compliance with Building Regulations in the form of statutory certification;

- working closely with the Local Government Management Agency on the oversight and governance of the local authority Building Control System to improve its effectiveness; and

- progressing primary legislation, the Building Control (Construction Industry Register Ireland) Bill 2017, to develop and promote a culture of competence, good practice and compliance with the building regulations in the construction sector.

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