Dáil Éireann debate -
Tuesday, 23 Jun 1992

Vol. 421 No. 4

Ceisteanna — Questions. Oral Answers. - Building Regulations.

Jim Mitchell

Question:

18 Mr. J. Mitchell asked the Minister for the Environment if, in respect of the building regulations which came into force on 1 June 1992, he will outline whether local authorities are obliged to observe a time limit by which their decisions must be made; if he has satisfied himself that local authorities are meeting the time limits and the other requirements of the regulations; if he will confirm that an appeals mechanism is in place against decisions made under the building regulations; and if he will make a statement on the matter.

Minister for the Environment (Mr. Smith)

Under the Building Control Act, 1990, a building control authority is required to give a decision on an application for a fire safety certificate, and on an application for a dispensation from or relaxation of building regulations, within a period of two months unless the applicant and the authority agree in writing to extend this period. As the building regulations are in operation for less than one month, the question of meeting the time limit has not yet arisen in practice.

The Building Control Act, 1990, provides that appeals may be made to An Bord Pleanála against decisions of building control authorities on applications for fire safety certificates and on applications for dispensations from, and relaxations of, building regulations. I have made regulations providing for procedural matters on these appeals.

Mr. J. Mitchell

The Minister will be aware that several urban local authorities already had building by-law arrangements in advance of the building regulations. Does he know that very often applications for building by-law approval took much longer than the two-month period provided under the building regulations and is he satisfied that adequate arrangements have been made within local authorities to ensure that in most cases decisions can and will be made within the two-month period specified under the regulations?

Mr. Smith

Extraordinary care was taken in the lead-up to the introduction of the regulations and many seminars were held. Very wide support was received from building federations, designers and architects. The reason for the regulations is to enable builders, designers and owners to be much more familiar with the requirements and to make the regulatory work less burdensome than it would otherwise be. The developments have been greatly welcomed. The seminars attended by the technical services and the local authorities did not result in any indication to me of problems in relation to meeting the time limits provided in the regulations. It will take a little more time to tease out that aspect because under the new regulations no fire certificates will be required for buildings not commenced before 1 August. There has been no indication to me of any problems of the kind outlined by the Deputy.

Mr. J. Mitchell

A Cheann Comhairle——

An Ceann Comhairle

I am sorry, Deputy, but I am very anxious that the House dispose of this block of five questions in a fair and equitable manner within the prescribed time laid down, 15 minutes only.

Mr. J. Mitchell

I have a very brief supplementary question.

An Ceann Comhairle

I shall allow a very brief question.

Mr. J. Mitchell

While everyone will welcome the introduction of the building regulations, as I do, could the Minister explain what will happen when the prescribed period of two months has elapsed but no decision has been made on an application? Will the applicant be able to proceed as if a decision had been granted?

Mr. Smith

Unless, as in the case of planning applications, the local authority agree with the applicant a further time-scale or recognise a reason for a problem that remains to be resolved. The position is exactly the same as that pertaining under the planning procedures.

Mr. J. Mitchell

It will proceed?

Mr. Smith

Yes.