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Dáil Éireann debate -
Thursday, 19 Mar 1981

Vol. 327 No. 11

Ceisteanna — Questions. Oral Answers. - Draft Building Regulations.

8.

asked the Minister for the Environment whether local authorities are now entitled to enforce the standards laid down in the Draft Building Regulations, 1976; and, if so, how.

Local authorities are not at present legally entitled to enforce the standards laid down in the draft building regulations. Pending the enactment of enabling legislation now being prepared, they have, however, been asked to have regard to the requirements of the regulations as if they had statutory backing, as have all other bodies concerned in their operation. Local authorities have been requested in particular to have regard to the requirements of the draft binding regulations in dealing with applications for planning permission and bylaw approval and to obtain an indication from applicants of the extent to which the requirements of the draft regulations have been taken into account in the preparation of their proposals. They have also been requested to carry out spot checks on buildings to monitor whether the provisions of the draft regulations have been followed.

Could the Minister indicate to the House, and for the benefit of the local authorities and others involved, how regulations can be implemented as if they had force of law without their having the force of law?

I have already given a reply to that question. I accept completely that it is less than fully satisfactory. However, the enabling legislation is well advanced and I can assure the Deputy that it will be before the House as quickly as possible.

Can the Minister say what steps are open to the local authorities to take against somebody who fails to adhere to the exhortations with regard to the draft of draft building regulations? What steps are now open to the local authorities to discipline anybody who continues to violate flagrantly that draft of a draft?

A number of the local authorities have in existence by-laws as well as these draft building regulations.

How many?

There are not many of them, I accept.

Six out of 42.

As I said, it is not a fully satisfactory situation. I am not saying it is.

The Minister does not exaggerate, that is one thing.

I have accepted that it is not a fully satisfactory situation. I have no doubt that responsible architects and contractors in the very short interval pending the introduction of the legislation, will meet the requests of the local authorities on a voluntary basis.

In relation to the question of enabling legislation, could the Minister give us some indication as to the method of administration of the by-laws and the extent to which the discussions which have taken place with his Department have finalised proposals for a system of self-certification for architects and engineers?

The whole system will be included in the legislation. I am not prepared to go into the details of the legislation in advance.

Could the Minister confirm that a system of self-certification is being considered?

The system of self-certification is being considered, yes.

The Minister still has not answered my question.

I have no power to make statutory regulations——

I am not trying to delay the House. If I were trying to obstruct it I would ask for each of these questions to be raised on the Adjournment. The Minister has consistently refused to answer.

That is not a matter for the Chair. The Chair has no control over the Minister's answers.

I appreciate that.

The Minister sidesteps all the issues.

(Cavan-Monaghan): The Government are particularly sensitive in this area.

The Minister gave no help to the local authorities. Some indication should be given of what steps are being taken against irresponsible operators.

The answer is that they have none.

As I have already admitted to the Deputy, it is a less than satisfactory situation which will be tidied up as soon as possible.

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