Catherine Murphy (Kildare North, Social Democrats)
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389. To ask the Minister for Housing, Planning, and Local Government the steps and or sanctions that can be applied to a developer that commences a development without submitting notice of a commencement of works; and if a retrospective action can be taken if the developer has failed in that statutory obligation. [8382/22]

Peter Burke (Longford-Westmeath, Fine Gael)
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The Building Control Acts 1990 to 2020 set out the statutory framework for the regulation and oversight of building activity based on:

- clear legal requirements as set out in the Building Regulations;

- detailed Technical Guidance Documents to outline how these requirements can be achieved in practice;

- clear administrative procedures for demonstrating compliance in respect of an individual building or works as set out in Building Control Regulations

- the responsibility for compliance resting first and foremost with building owners, developers/builders and designers; and

- the responsibility for enforcing compliance with the building regulations resting with the 31 local building control authorities.

The Building Regulations 1997 to 2021 provide for the safety and welfare of people in and about buildings and apply to the design and construction of a new building (including a dwelling) or an extension to an existing building. The minimum performance requirements that a building must achieve are set out in the Second Schedule to the Building Regulations.

The Building Control Regulations 1997 to 2021 set out certain administrative and procedural requirements which must be fulfilled in order to demonstrate that individual buildings or works have complied with the minimum standards set out in the Building Regulations.

Under Part II of the Building Control Regulations, where required, a commencement notice signed by the owner along with supporting documentation must be submitted to the local building control authority not less than 14 days and not more than 28 days prior to commencement of works.

Failure to submit a commencement notice, where required, is an offence under the Building Control Acts. If successfully prosecuted in court, such offences may lead to a fine of up to €50,000 and/or a term of imprisonment of up to 2 years. In addition and where applicable, any person who is convicted of an offence under the Building Control Acts may, at the discretion of the court, be disqualified from signing and submitting certificates of compliance with building regulations.

Matters related to the failure to submit a commencement notice, should be brought to the attention of the relevant building control authority, who are independent in the exercise of their statutory duties.

The Building Control Acts 1990 to 2020 vest the powers of inspection, enforcement and prosecution in the 31 Local Authorities. Authorised officers of each local Building Control Authority have delegated powers to:

- scrutinise proposals and inspect works in progress

- serve enforcement notices on owners and builders for non-compliance, including where buildings or works commenced without notice to the building control authority in the form of a Commencement Notice

- institute proceedings for breaches of any requirements outlined in the Acts, or any regulations made thereunder

- seek High Court orders to mitigate danger to the public where serious non-compliance poses risks to public safety

Summary proceedings for an offence under the Building Control Acts may be instituted within twelve months after the date of the discovery of the offence but not later than five years after the date of the completion of any building or works in respect of which the offence is alleged to have been committed.