Ciarán Ahern (Dublin South West, Labour)
Link to this: Individually | In context | Oireachtas source

834. To ask the Minister for Housing, Planning, and Local Government if he is satisfied that under Part L 1.3.4 of the current Building Regulations, which covers building envelope permeability, and it is stated that air pressure testing “should” be carried out on all dwellings on all development sites rather than “must”, if he believes air pressure testing should be mandatory on all dwellings; and if he will make a statement on the matter. [11001/25]

Ciarán Ahern (Dublin South West, Labour)
Link to this: Individually | In context | Oireachtas source

835. To ask the Minister for Housing, Planning, and Local Government if all dwellings built in 2023 and 2024 were tested by certified air pressure testers; if not, the percentage of dwellings tested; the guarantees those who have purchased dwellings that were not tested that air permeability is to the correct levels; and if he will make a statement on the matter. [11002/25]

Ciarán Ahern (Dublin South West, Labour)
Link to this: Individually | In context | Oireachtas source

836. To ask the Minister for Housing, Planning, and Local Government the course of action that should be taken by those who have purchased a dwelling that does not comply with Building Regulations regarding air permeability because air pressure testing was not carried out in the first instance despite Part L 1.3.4.4 of the Building Regulations stating it should be; and if he will make a statement on the matter. [11003/25]

Ciarán Ahern (Dublin South West, Labour)
Link to this: Individually | In context | Oireachtas source

837. To ask the Minister for Housing, Planning, and Local Government the reason air pressure tests are not linked to the MPRN, like the BER, to ensure all dwellings are tested; and if he will make a statement on the matter. [11004/25]

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 834 to 837, inclusive, together.

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 respectively) provide technical guidance on how to comply with the regulations in practical terms. Where works are carried out in accordance with the relevant technical guidance, such works are considered to be, prima facie, in compliance with the relevant regulation(s). Technical Guidance Documents are free to view/download on my Department's website at the following link: www.gov.ie/en/collection/d9729-technical-guidance-documents/

TGD L Conservation of Fuel and Energy for Dwellings 2022, www.gov.ie/pdf/?file=, sub-section 1.3.4 gives the minimum provisions for the air tightness of all new dwellings and sub-section 1.5.4 gives the details of the test procedure. Sub-section 1.3.4 of TGD L provides that air pressure testing should be carried out on all dwellings in order to show prima facie compliance with Part L of the Building Regulation. The technical guidance provides for checking the measured air permeability against a minimum performance criterion and for its use in Dwelling Energy Assessment Procedure (DEAP) used to calculate compliance with the energy consumption and CO2 emissions requirements for the dwelling.

Under the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. 243 of 2012 www.irishstatutebook.ie/eli/2012/si/243/made/en/print), a BER certificate using the DEAP calculation must be obtained for all new homes before they may be occupied. Air pressure tests are included in the Building Energy Rating for new dwellings. The Sustainable Energy Authority of Ireland administer the National BER Research Tool (ndber.seai.ie/berresearchtool/ber/search.aspx) which provides access to statistical data from the BER Scheme.

The primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings.

Enforcement of the Building Regulations is delegated under the Building Control Act to local building control authorities (i.e. the 31 local authorities) who are independent in the exercise of their statutory powers. Interpretation of the legislation is, ultimately, a matter for the Courts

In line with the agreed Performance Indicators for Local Government and the Code of Practice for Inspecting and Certifying Buildings and Works, Building Control Authorities are required to carry out a level of inspection equivalent to 12% to 15% of new buildings for which valid commencement notices have been received.