Written answers

Tuesday, 25 November 2025

Department of Housing, Planning, and Local Government

Anti-Racism Measures

Photo of Ken O'FlynnKen O'Flynn (Cork North-Central, Independent Ireland Party)
Link to this: Individually | In context

526. To ask the Minister for Housing, Planning, and Local Government the way his Department treats construction products that hold valid European Technical Assessments or CE marking issued in other EU member states when such products are proposed for use in Irish housing projects; and if he will make a statement on the matter. [65733/25]

Photo of Ken O'FlynnKen O'Flynn (Cork North-Central, Independent Ireland Party)
Link to this: Individually | In context

527. To ask the Minister for Housing, Planning, and Local Government the number of construction products that have been refused acceptance for use in housing schemes in each of the past five years despite holding European Technical Assessment or equivalent EU-recognised certification; and if he will make a statement on the matter. [65734/25]

Photo of Ken O'FlynnKen O'Flynn (Cork North-Central, Independent Ireland Party)
Link to this: Individually | In context

528. To ask the Minister for Housing, Planning, and Local Government if British Board of Agrément certification continues to be recognised as evidence of fitness for purpose for construction products post-Brexit when used in Irish housing; and if he will make a statement on the matter. [65735/25]

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 526, 527 and 528 together.

The Construction Products Regulation (Regulation (EU) No. 305/2011) lays down harmonised rules for the marketing of construction products in the EU. The Regulation provides a common technical language to assess the performance of construction products. It ensures that reliable information is available to professionals, public authorities, and consumers, so they can compare the performance of products from different manufacturers in different countries.

Harmonised European standards provide a technical basis to assess the performance of construction products. They enable manufacturers to draw up the Declaration of Performance as defined in the Construction Products Regulation, and affix the CE marking.

Under the Construction Products Regulation, manufacturers are required, when placing a construction product (which is covered by harmonised European standards or European Technical Assessments) on the EU market, to make a Declaration of Performance and affix the CE mark.

The Construction Products Regulation offers a voluntary path for CE marking products not covered by harmonised standards. This process involves a technical assessment body and the issuance of a European Technical Assessment. This complementary approach supports a strong single market and promotes innovative products.

The Building Regulations 1997, as amended, 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). The Building Regulations are set out in functional terms. They are performance based and technology/material neutral. They do not set limitations on the materials used.

Part D (Materials and Workmanship) of the Building Regulations sets out the requirements in relation to materials and workmanship and Technical Guidance Document D (TGD D) provides guidance on how to demonstrate compliance. Part D sets an overarching objective of achieving compliance with the Building Regulations by requiring that “All works to which these Regulations apply shall be carried out with proper materials and in a workmanlike manner.”

Part D defines proper materials as materials which are fit for the use for which they are intended and for the conditions in which they are to be used. The Regulation goes on to say that proper materials include materials which:

  1. bear a CE mark in accordance with the provisions of the Construction Products Regulation,
  2. comply with an appropriated harmonised standard or European Technical Assessment in accordance with the provisions of the Construction Products Regulation, or
  3. comply with an appropriate Irish Standard or Irish Agrément Certification or with an alternative national technical specification of any State which is a contracting party to the Agreement on the European Economic Area, which provides in use an equivalent level of safety and suitability.
The process of Agrément certification applies to those products and processes which do not fall within the scope of existing construction standards, either because they are innovative or because they deviate from established norms. Part D makes reference to Irish Agrément Certification (now known as NSAI Agrément Certification). NSAI Agrément certificates confirm that new building products, materials, techniques and equipment are safe and fit for purpose in accordance with the Irish Building Regulations and with the terms of the certificate. Such certificates may be in addition to, but not conflict with, CE marking.

The primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. Interpretation of the legislation is ultimately a matter for the Courts and implementation of the Building Control system is a matter for the local Building Control Authority.

Enforcement of the Building Regulations is delegated under the Building Control Act 1990 as amended to the local building control authorities (i.e. the 31 local authorities) who are independent in the exercise of their statutory powers.

My Department does not have an approval function and does not approve products or assess whether any particular proposal, or any completed works comply with the Building Regulations or standards.

Comments

No comments

Log in or join to post a public comment.