Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Building Regulations set out minimum standards for the design and construction of buildings and works to ensure the health and safety of people in and around such buildings. In general, the Building Regulations apply to the construction of new buildings and to extensions and material alterations to buildings. In addition, certain parts of the Regulations apply to existing buildings where a material change of use takes place. All new dwellings must comply with Building Regulations and all key elements must have a durability of 60 years.

The minimum performance requirements that a building must achieve are set out in 12 parts classified as Parts A to M, in the second schedule to the Building Regulations. They are expressed in terms of ‘functional requirements’ and are performance based.

My Department publishes Technical Guidance Documents to accompany each Part of the Building Regulations indicating how the requirements of that Part can be achieved in practice for common non-complex buildings. Adherence to the approach outlined in the Technical Guidance Documents is regarded, prima facie, as evidence of compliance with the requirements of the relevant Building Regulations. The adoption of an approach other than that outlined in the guidance is not precluded provided that the relevant requirements of the Regulations are complied with.

The Building Regulations are under ongoing review in the interests of safety and the well-being of persons in the built environment. My Department is currently concluding a review of Part B of the Building Regulations dealing with fire safety.

While Technical Guidance Document B generally limits the use of combustible construction timber in compartment floors for buildings with a topmost floor height of less than 10m, the Building Regulations themselves do not prohibit the use of timber above this height, provided compliance can be demonstrated and achieved.

For new innovative products or systems, not covered by existing standards, compliance with the Building Regulations can be demonstrated by 3rd party certification by an independent approval body, such as National Standards Authority of Ireland Agrément certification. My Department does not have an approval function and does not approve or endorse products for compliance with the Building Regulations or standards.

My Department is represented on the Timber in Construction Working Group recently established by Minister of State Hackett. The scope of this Group includes a review of industry capacity, technical research and guidance, and the regulatory environment to support the development of timber construction in Ireland. The Working Group is a forum for Government and industry to work collaboratively to increase the use of timber in construction whilst ensuring the highest degree of building safety and property protection.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Embodied Carbon in construction materials makes a significant contribution to the lifetime carbon emissions of new buildings. These embodied carbon emissions are being addressed by the Climate Action Plan, the review of the EU Construction Products Regulation and the review of the Energy Performance of Buildings Directive (EPBD).

Whilst all new dwellings are A2 rated with regards to their operational energy, and electricity heating systems, the majority of which are heat pumps, were installed in 97% of new dwellings in 2023, the next important step is to lower the carbon emissions from the materials used in construction.

The EPBD is the European Union's main legislative instrument aiming to promote the improvement of the energy performance of buildings within the European Union. In accordance with the proposed Directive, my Department is working with the Sustainable Energy Authority Ireland (SEAI) to put in place embodied carbon frameworks for 1 January 2028 for new buildings over 1000 metre squared and for all buildings from 1 January 2030. This declaration of Global Warming Potential will be included in the Building Energy Rating Certificate. There is significant work required to establish certified material databases, an accounting framework for embodied carbon, development of software and training of professionals. My Department is working with SEAI to put these systems in place in accordance with EPBD and the Construction Products Regulation (CPR). Climate Action Plan 2023 commits that SEAI will develop the framework methodology by the end of 2025. The recast EPBD is planned to be adopted by the European Institutions in the coming weeks.

COM 2022 144, known as the Construction Products Regulation, updates the existing EU harmonised rules for the marketing of construction products. This revised Regulation will fulfil the objectives of the EU Green Deal and enhance the competitiveness of the European construction industry. This will be achieved through the setting of clear rules and improving enforcement and market surveillance.

The text of this proposal has now been approved by Coreper and it is expected to be considered by the European Parliament in the April 2024 Plenary sitting.

When this Regulation is adopted, there will be new obligations on manufacturers to include mandatory declarations of environmental characteristics, such as embodied carbon, on construction products. In addition, the Regulation will support the circular economy principles by regulating used products via harmonised technical specifications.

Manufacturers will be required to upload technical information about their products to a central database known as the Construction Digital Product Passport.