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Dáil Éireann debate -
Tuesday, 9 May 1989

Vol. 389 No. 7

Ceisteanna—Questions. Oral Answers. - Multi-Storey Buildings.

7.

asked the Minister for the Environment if his attention has been drawn to the fact that many apartments in multi-storey buildings have become unsaleable as vendors are finding it impossible to obtain certificates under the Local Government (Multi-Storey Buildings) Act, 1988; and the action he is taking to resolve this difficulty.

48.

asked the Minister for the Environment if his attention has been drawn to disquiet in the construction industry and its related legal services regarding the inoperability of the Local Government (Multi-Storey Buildings) Act, 1988; the steps which have been taken by his Department since 1 January 1989 to conclude discussions with the relevant professional bodies in order to provide for an agreed form of certification which will enable the provisions of the Act to be complied with; and if he will make a statement on the matter.

I propose to take Questions Nos. 7 and 48 together. The question of the inoperability of the Act does not arise. Local authorities are at present issuing notices under the Act to owners of multi-storey buildings and the owners have 12 months from the date of service in which to submit the required certificates of appraisal of the buildings to the local authority.

It is understood that some engineers do not wish to sign certain of the certificates for which provision has been made in the Act but will sign others of the certificates. There is no indication that engineers generally are unwilling to sign certificates and, accordingly, I am not aware that vendors of apartments are finding it impossible to obtain such certificates. In fact, some certificates have already been lodged.

Officers of my Department have had a number of discussions with the Institution of Engineers of Ireland about aspects of the implementation of the Act. Any further initiatives in this respect would rest with the institution.

Is the Minister aware of the fact that the Association of Consulting Engineers of Ireland have advised their members that the form of wording required in the certificates under the Act is such that in conscience an engineer cannot be reasonably expected to complete such certificates? Is the Minister not aware that in some cases the Act has created a problem in that it seems to require a building designed, for example, in 1960 to conform to building standards that did not become operative until 1978? Can the Minister indicate to the House whether his officials or himself have had any meetings with the Association of Consulting Engineers of Ireland and what steps are being taken to resolve the difficulties they see in implementing this Act?

There are three points about that. The Institution of Engineers of Ireland is the statutory engineering authority to which competent persons, as defined in the Act, must belong and they have not advised their members one way or the other in the matter. Of course, as the Deputy is aware, the consulting engineers of Ireland were opposed to the whole business from the beginning. At the last meeting we had with them the engineers indicated that they would attempt a revised draft of the certificate which would meet their concerns. Their response is awaited.

There are engineers who are prepared to sign the certificate. There has been no indication as yet to the Department that there is any particular case where it has been impossible to get a certificate. I have had some discussions with both the institution and the consulting engineers and I have a feeling that there will be another meeting with the latter in the near future. I would like to see the matter finalised.

The time has come to deal with other questions.

Is the Minister saying that a revised draft of certificates is now under preparation in his Department that would enable the Act to work?

No. The Act of Parliament is working. There is some difficulty with some engineers about it. They are reluctant to get involved in signing the certificates but the consulting engineers — as I said, they are not reckoned as the competent persons as defined in the Act — have suggested that they would attempt a revised draft and submit it to us.

Is the Minister awaiting receipt of that?

I am. They are being helpful in the discussions. We have not had any difficulty in getting certificates signed to date, but it would be better, of course, if everybody could be on the one wavelength.

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