Catherine Murphy (Kildare North, Social Democrats)
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302. To ask the Minister for Housing, Planning, and Local Government if he will detail his engagements with the National Building Control Office in respect of defective concrete blocks entering the supply chain; the steps he and-or the office have in place to ensure this is not repeated; and if he will detail the failings by his Department in permitting this issue to arise. [47839/21]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The National Building Control Management Project (NBCMP) is managed by the National Building Control Office (NBCO) within Dublin City Council (DCC) to provide oversight, support and direction for the development, standardisation and implementation of Building Control as an effective shared service in the 31 Building Control Authorities, through the five pillars of Training, Inspections, Compliance Support, Information System - BCMS and Market Surveillance.

The National Building Control Management Project (NBCMP) is delivered through a three-tier management structure which includes:

- The National Building Control Advisory Board, which advises on the strategic direction and guidance of the NBCMP.

- The National Building Control Office (NBCO), which implements the NBCMP and manages the working groups under each of the five pillars.

- Three Regional Building Control Committees (Eastern & Midlands, Northern & Western, and Southern), which provide a network for building control officers to exchange views and share good practice, leading to a uniform high level of enforcement in the discharge of the building control function. The Committees also contribute to and participate in the working groups established under each of the five pillars.

Officials from my Department participate throughout this structure at Board level, working group level and committee level.

In relation to the legal framework and rules for concrete blocks, these are established in the first place at European level. Since 2013, the Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.

The manufacturer is responsible for compliance with the Construction Products Regulation (CPR) and in particular for the Declaration of Performance/CE marking of the construction product he/she is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI. For example:

- ‘I.S. EN 771-3:2011+A1:2015’deals with aggregate concrete masonry units. NSAI has published additional guidance in the form of ‘S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland to Eurocode 6’ which provides, inter alia, guidance on the choice of masonry units and mortar classes most appropriate for particular situations as regards durability for finished work in Ireland. S.R. 325:2013+A2:2018/AC: 2019 recommends the use of Category 1 aggregate concrete blocks, which requires independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).

- In respect of aggregates for concrete, a constituent of concrete masonry units, NSAI has also published ‘S.R. 16:2016 Guidance on the use of I.S. EN 12620:2002+A1:2008 - Aggregates for concrete’ whichoutlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production, including the requirement for independent third party oversight of factory production control by a Notified Body.

Under the European Union (Construction Products) Regulations 2013 (S.I. No.225 of 2013), each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas.

In addition, the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020 (S.I. 682 of 2020) appointed Dublin City Council as a competent authority for the carrying out of market surveillance functions under the European Union (Construction Products) Regulations 2013 for all related construction products on a nationwide basis.

Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit has been established for this purpose. DCC-NBCO may be contacted at: support@nbco.gov.ie. Building control authorities will liaise with DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.

It is important to note that the service delivered by DCC-NBCO is complementary to the existing role of the 31 Building Control Authorities who are also Market Surveillance Authorities. Building control authorities and DCC-NBCO are independent in the exercise of their statutory powers.

The National market surveillance programme 2021 provides specific details on the market surveillance of construction products and outlines a market surveillance campaign led by DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR.

In 2020, my Department provided a budget allocation of €500,000 to support the development of this Market Surveillance Unit in DCC-NBCO. €147,000 of the budget was expended as the project was at the early development set up phase. In 2021, my Department has provided a budget allocation of €564,000 to continue to support the development, and resourcing of the Market Surveillance Unit in DCC-NBCO.