Cian O'Callaghan (Dublin Bay North, Social Democrats)
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872. To ask the Minister for Housing, Planning, and Local Government if the window restrictors on sale here are safe; if they comply with national and EU regulations; the person or body responsible for checking such products; when the regulations and the enforcement of these regulations were last reviewed; and if he will make a statement on the matter. [13399/20]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The design and construction of buildings is regulated under the Building Control Acts 1990 to 2014. The Act provides for the making of Building Regulations and Building Control Regulations.

The Building Regulations set out the legal requirements in Ireland for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings. The related Technical Guidance Documents (Parts A - M) provide technical guidance on practical compliance with the regulations. 

Technical Guidance Documents are free to view/download on my Department's website at the following link:

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The Building Regulations (Part K Amendment) 2014, came into effect on 1 January 2015 and was accompanied by Technical Guidance Document K (2014). Section 2.7 of Technical Guidance Document K provides that in dwellings where a window has an opening section through which a person may fall, (having particular regard to children under five years of age), and is more than 1400 mm above external ground level, suitable safety restrictors should be provided. The Building Regulations, including Part K requirements, are subject to ongoing review.

Safety restrictors should restrain the window sufficiently to prevent such falls. Restrictors can be either an integral part of the window operating gear or separate items of hardware which can be fitted to a window at the time of manufacture or at installation. Restrictors should operate so that they limit the initial movement of an opening section to not more than 100 mm.

In relation to products, Part D of the Building Regulations sets out the legal requirements for materials and workmanship. It requires that all works must be carried out using “proper materials” which are fit for the use for which they are intended and for the conditions in which they are to be used” and in a workmanlike manner to ensure compliance with the Building Regulations. 

Under the Construction Products Regulation (Regulation (EU) No. 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC) (CPR), manufacturers are required, when placing a construction product (which is covered by harmonised European standards or European Technical Assessments) on the EU market, to make a Declaration of Performance and affix the CE mark.

In broad terms, this means that manufacturers are required to provide robust and reliable information in a consistent way for construction products. For many construction products, the application of the CE mark will require the involvement of a third party (known as a ‘notified body’) to undertake certain tasks as specified in the harmonised European standard.  These tasks can include intial type-testing of products, inspection of factory production control and surveillance of factory production control. 

Windows in which restrictors are an integral part of the window operating gear are covered by harmonised European standards and therefore must comply with the CPR.

Window restrictors which are on sale as separate items of hardware which can be fitted to a window after manufacture are not covered by harmonised European standards and therefore do not fall under the CPR. Such products (which do not require a CE mark) must however comply with General Product Safety Regulations to ensure that they are safe. This is the responsibility of the Competition and Consumer Protection Commission and the General Product Safety Regulations come  under the remit of my colleague, the Minister for Business, Enterprise and Innovation.

It is important, to note that in the first instance, it is a matter for owners, designers and builders, with responsibility for compliance with the Building Regulation, to specify the particular project specific performance requirements of products in the context of the conditions in which they are to be used. 

In addition, during construction such steps as are necessary should be taken to ensure that the products provided meet these specifications and are suitable for the purpose for which they are intended. Guidance is provided in relation to this in the Code of Practice for Inspecting and Certifying Buildings and Works, which is available at the following link:

Enforcement of the Building Regulations is a matter for each of the 31 local building control authorities that are independent in the performance of their statutory duties. Building control authorities are also designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR. In both cases  authorities have a range of enforcement powers.

In terms of rental housing properties, all landlords have a legal duty to ensure that their rented properties comply with certain minimum physical standards. These minimum standards are set out in the Housing (Standards for Rented Houses) Regulations 201, which provide that suitable safety restrictors must be fitted to windows through which a person could fall.