I propose to take Questions Nos. 413 and 426 together.
Local authorities are legally responsible for monitoring compliance by designers, builders and owners of buildings with the building regulations. The authorities are empowered to take any necessary enforcement action, as building control authorities under the Building Control Act, 1990, and not as planning authorities.
My Department compiles statistics of enforcement activities by local authorities on the basis of returns furnished by the authorities half-yearly, and statistics for 1998 are given in the table following. The statistics do not relate to enforcement to specific parts of the regulations, e.g., Part M – Access for Disabled Persons.
While enforcement is legally the responsibility of each local building control authority, I have, since taking office in 1997, actively encouraged and facilitated enforcement in three ways.
First, I have urged each building control authority to appoint a building control officer and have sanctioned the creation of additional posts, where necessary. Of the 37 relevant authorities, all but three now have building control officers. The balance have assigned officers temporarily to the duties and are making arrangements to make permanent appointments. In addition, my Department in October 1998 requested each local authority manager to assign to a specific access officer the function of co-ordinating and promoting access activities for people with disabilities, supporting local access groups with training, advice, etc. To date, 26 of the 34 major authorities have assigned access officers and I understand that the remaining authorities are in the process of doing so.
Second, I have asked local authorities to make rapid progress to reaching a target level of inspecting 12 per cent to 15 per cent of developments, as recommended by guidelines adopted by the City and County Managers Association.
Third, I increased building control fees on 1 July 1998, and introduced a new commencement notice fee – £25 a house – for new houses commencing on or after that date. The objective here was to provide local authorities with the necessary financial resources to increase enforcement.
Finally, I might add that the development and enforcement of Part M of the building regulations will, at the request of my Department, form a core theme of the national conference of the Irish Building Control Institute, IBCI, in Cork on 25 and 26 March 1999. This conference will be formally opened by my colleague, the Minister of State, Deputy Dan Wallace. Most building control officers are members of the IBCI.