Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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611. To ask the Minister for Housing, Planning, and Local Government if the original developers are responsible for rectifying fire safety defects in a multi-unit development in cases in which there are multiple owners, including private owners' receivers in which the receivers are also the developers; and if he will make a statement on the matter. [39423/18]

Damien English (Meath West, Fine Gael)
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In the first instance, primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. The purpose of the Building Regulations is to protect the health, safety and welfare of people in and around buildings. Part B of the Second Schedule to the Building Regulations deals with Fire Safety.

Building defects, including fire safety defects, are in general, matters for resolution between the contracting parties involved: the homeowner, management companies, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme. 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. Where problems cannot be resolved through dialogue or mediation it may be necessary to seek enforcement through the courts. In cases where the developer is in receivership, any defects should be brought to the attention of the receiver as soon as possible. Where homeowners are concerned that due to defects in their home there may be a risk to Health and Safety, advice should be sought from a competent professional.

In addition, when a building is constructed and occupied, statutory responsibility for safety is assigned by section 18(2) of the Fire Services Acts, 1981 & 2003, to the ‘person having control’ of the building. The person having control is required to take reasonable measures to guard against the outbreak of fire and to ensure the safety of persons in the event of fire. In multi-unit developments, the "person having control" is generally the Owner Management Company.

The provisions of the Multi-Unit Developments Act 2011, set out the means by which problems relating to the ownership and management of the common areas of both existing and new multi-unit developments can be addressed. The Act also aims to facilitate the fair and effective management of those bodies responsible for the management of such areas. The Multi-Unit Developments Act 2011 falls under the remit of my colleague the Minister for Justice and Equality.