Tomás MacGiolla
Question:9 Tomás Mac Giolla asked the Minister for the Environment the progress which has been made to produce building regulations and building control regulations under the new Building Control Act, 1990.
Ceisteanna — Questions. Oral Answers. - Building Control Regulations.
Brian O'Shea
Question:37 Mr. O'Shea asked the Minister for the Environment if he will outline the discussions which have taken place with representatives of the building industry with regard to the establishment of a building advisory committee as envisaged under the Building Control Act, 1990; and if he will make a statement on the matter.
Jim Mitchell
Question:97 Mr. J. Mitchell asked the Minister for the Environment whether building regulations under the Building Control Act, 1990 are likely to be made before Christmas 1991; and if he will make a statement on the matter.
Ruairí Quinn
Question:98 Mr. Quinn asked the Minister for the Environment if he proposes to allow local authorities to charge for the processing of applications for approval under the Building Control Act, 1990 of building regulation documents; if so, when he proposes to communicate with local authorities on this matter; and if he will make a statement on the matter.
I propose to take Questions Nos. 9, 37, 97 and 98 together.
I intend to make building regulations and to publish the related technical guidance documents early next month. I propose to make building control regulations at the same time and will consider making provision for the payment of fees for any certificate or approval which the control system may require.
I intend to establish the building regulations advisory body at the time the regulations are made, or very shortly thereafter.
Ten years after Stardust, a number of years after the Raglan House disaster and almost two years after the enactment of the Building Control Act, it is time that building regulations and building control regulations were published. Will the Minister give the House an indication of the level of fees proposed? Second, is it the intention to make this money available to local authorities, particularly those who will suffer a reduction in income as a result of the abolition of building by-laws? Third, will the Minister say what caused the EC Commission to delay the publication of the regulations? Was it because he proposed to introduce regulations which were below the standards laid down by the EC?
On the question of fees, they will be payable to the local authority for whatever certificate or approval system that might be introduced. In regard to building control regulations, as the Deputy is aware, a number of options are available such as the certification system, self-certification by the industry or by a third party, independent certification, a local authority approval system or an even simpler system requiring that the local authority be notified of the commencement of work so that they could use their monitoring powers under the Act if they so desire or a combination of the above, an approval system for the more important functions, like fire, coupled with a simple notification of other works. Those are options and we will adopt one of them in the regulations.
Is the Minister aware of the delays in local authorities in making decisions on building by-laws applications? In introducing building regulations will a time limit be specified similar to the limit which applies in the case of planning applications and planning appeals and, if so, will he indicate if they will be the same or different? Second, will he elaborate the question of fees? Is he aware that the Dublin city and county manager made provision for a loss in revenue under the heading building by-laws fees in planning the estimates for next year apparently in the belief that no fees will be forthcoming from building regulations applications?
I agree with Deputy Mitchell that there are delays. One thing we want to avoid is unnecessary delays in the commencement of building. For this reason I am looking at the various options I have just announced to ensure that there will be no delays under whatever system we introduce.
Will there be a time limit?
On the question of fees, fees will be available for certain specified approvals. Dublin Corporation in their wisdom decided, as the Deputy pointed out, to reduce their expected income for 1992 but they will know before the end of the year what the position will be in regard to the fees that will be available.
Given that there is frustration in the building industry due to the lack of regulations, is the Minister aware that the Taoiseach informed me in February that the Department of the Environment would be submitting revised draft regulations to the Commission in March of this year and that they would then consider them? Was that submission made in March to the Commission?
The question did not refer to the date and I do not have the information regarding when the submission was made to the commission. However, I understand that the regulations were cleared by the commission and that there were consultations with the various interests in the building industry. As a result the regulations have almost been finalised and I hope to launch them next month.
In the case of older buildings being adapted to new use — such as those in the Temple Bar area — will the Minister ensure that when the regulations come into effect they will not unduly inhibit the revitalisation of this area?
I will examine that point and communicate with the Deputy.
The Minister indicated that he intends to publish the control regulations next month. Has he not yet decided which of the options he listed for certification will be used as it seems very late to be deciding the matter now?
The Deputy will appreciate that I have been in the Department for only two weeks. I have studied the regulations over the past few days and a decision will be made in time to launch them next month.
I want to go back to the question of time limits. I appreciate that the Minister agreed with my point about delays in decision-making. Will there be time limits similar to those for planning applications? Will there be any provision for appeals against restrictive decisions for local authorities?
Yes, there will be a provision of appeals to An Bord Pleanála. However, the question of delays is one I am looking at in the context of the controls. I take the Deputy's point and we want to ensure that there will not be any delays.