Written answers

Wednesday, 14 November 2018

Department of Housing, Planning, and Local Government

Building Regulations

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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301. To ask the Minister for Housing, Planning, and Local Government if he is satisfied that adequate structural guarantees now exist in the building sector to protect the consumer; and if he will make a statement on the matter. [47387/18]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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In response to the building failures that have emerged over the last decade, my Department and representatives from the local government sector reviewed the existing building control regulatory framework, in collaboration and consultation with industry stakeholders. This has led to a multi-faceted building control reform agenda, which commenced implementation in 2014 with the introduction of the Building Control (Amendment) Regulations 2014.

Under these Regulations, the owner of a building must assign competent persons to design, build, inspect and certify building works he/she has commissioned. They in turn, must account for their work through the lodgement of compliance documentation, inspection plans and statutory certificates. The roles and responsibilities of owners, designers, builders, assigned certifiers, etc. during building works are set out in the Code of Practice for Inspecting and Certifying Buildings and Works, which is available on my Department's website at the following link: . This has brought clarity and accountability to the roles of those involved in construction projects and a focus on compliance with Building Regulations from design through to construction.

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.

The National Building Control Management Project (NBCMP) was set up to provide centralised oversight, direction and support for the development, standardisation and implementation of building control as an effective shared service in the 31 Building Control Authorities. Under this project, the Building Control Management System (BCMS) was developed. A Framework for Building Control Authorities was prepared to standardise work practices, a compliance support facility has been established and a training programme is being developed and rolled out.

Also, and most fundamentally, steps are in place for the continued strengthening of the inspection regime in Building Control Authorities to carry out meaningful risk-based targeted inspections of building works. Dublin City Council has been confirmed as the lead building control authority, creating a central and stable executive structure to oversee the local building control function, with regular communication and feedback between the lead authority and other local authorities.

The Government has also approved the General Scheme of the Building Control (Construction Industry Register) Bill to establish a mandatory statutory register for builders and specialist sub-contractors. The main objective of the Bill is to develop and promote a culture of competence, good practice and compliance with the Building Regulations within the construction sector. The establishment of a robust, mandatory, statutory register of builders and specialist sub-contractors provides consumers with assurance that they are dealing with competent and compliant operators. The drafting of the Bill is being progressed and while I am not in a position at this stage to give a precise indication of the timeline for the Bill's publication, my Department is working with the Attorney General's Office with a view to achieving publication in Q1 2019.

These reforms have already brought, and, through their full implementation, will continue to bring, a new order and discipline to bear on construction projects, creating an enhanced culture of compliance with the Building Regulations.

It is important, however, to note that under the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the Building Regulations rests with the owners, designers and builders of buildings. As such, in general, building defects are matters for resolution between the contracting parties involved, i.e. the homeowner, 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.

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