Pat Gallagher (Donegal, Fianna Fail)
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1585. To ask the Minister for Housing, Planning, and Local Government if he is satisfied with the State’s response to early indications of defective concrete blocks; if there were particular factors that influenced the timing of intervention, and how does he now reflect on State responsibility in light of regulatory challenges at the time. [42911/25]

Pat Gallagher (Donegal, Fianna Fail)
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1586. To ask the Minister for Housing, Planning, and Local Government in the context of the defective concrete issue, the reforms underway to strengthen building product oversight, regulatory enforcement, or manufacturing standards; and if he will make a statement on the matter. [42913/25]

James Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 1585 and 1586 together.

The existing Construction Products Regulation (EU) No 305/2011 (CPR) and new Construction Products Regulation (CPR (EU) 2024/3110 which will come into force in January 2026, set out rules for the marketing of construction products, including concrete blocks and aggregates for concrete, 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.

In relation to concrete blocks, the relevant suite of harmonised standard facilitating specification of masonry units is the EN 771 (series). ‘I.S. EN 771-3:2011+A1:2015’ deals with aggregate concrete masonry units.

The National Standards Authority of Ireland (NSAI), is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise, Tourism and Employment. NSAI has produced additional guidance to some harmonised standards, under the CPR, in the form of Standard Recommendations (SRs) which set out appropriate minimum performance levels for specific intended uses of certain construction products in Ireland. For example, ‘S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland to Eurocode 6’ sets out appropriate minimum performance levels for specific intended uses of, inter alia, EN 771(series) in Ireland.

My Department has published ‘A Guide to the marketing and use of Aggregate Concrete Blocks to EN 771-3 in Ireland’. This Guide provides guidance to economic operators (manufacturers, importers and distributors) on the marketing of aggregate concrete blocks to EN 771-3 standard. It also outlines the responsibilities of specifiers, designers, builders, certifiers and end users for compliance with the Building Regulations 1997 to 2024.

In parallel, the European Commission is adapting the Acquis (i.e. the harmonised standards, the European assessment documents and the legal acts of the European Commission). This CPR Acquis process is formulating new standardisation mandates and ensuring they respond to national regulatory needs, including environmental impacts and circularity which will ultimately lead to a comprehensive suite of new harmonised product standards which are fit for purpose.

Ireland is actively participating in the CPR Acquis process and is sharing its experience regarding technical issues associated with the harmonised technical specifications and regulatory needs.

While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011.

Regulation (EU) 2019/1020 establishes an EU wide framework for market surveillance, and came into full effect in July 2021. This strengthens the existing provisions in the CPR (and other Union harmonisation legislation), relating to the compliance of products, the framework for cooperation with organisations representing economic operators or end users, the market surveillance of products and controls on products entering the EU market.

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 market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas.

In addition, in 2020, Dublin City Council - National Building Control and Market Surveillance Office, NBCMSO, has been appointed as a competent authority for the carrying out of market surveillance functions on a nationwide basis.

Building control authorities liaise with NBCMSO national market surveillance unit to support compliance with the CPR, and to determine appropriate action on enforcement matters, as they arise. The Geological Survey Ireland (GSI), within the Department of Climate, Energy and the Environment (DCEE), provides technical support these market surveillance authorities in respect of aggregates for concrete.

Looking to the future, my Department is progressing in partnership with the County and City Management Association the establishment of a Building Standards Regulatory Authority which would be an independent central competent authority implementing building control and construction product legislation, through a combination of agreed funded services contracts with Local Authorities acting on its behalf, and directly itself. It would also act as a centre of best practice driving, promoting and fostering compliance, competency and consistency in building control and market surveillance systems and the construction industry.

Separately, I commenced the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 ('the 2022 Act') on 22 June 2023, which contains the enhanced grant scheme and adopted the related Regulations on 29 June 2023. It should be noted that the scheme, as approved by the Oireachtas in the 2022 Act, is not a compensation or redress scheme, rather, it is a Remediation Grant scheme of last resort, put in place by the Government to voluntarily assist homeowners.