Vol. 510 No. 6
97 Mr. Deasy asked the Minister for the Environment and Local Government the reason regulatory bodies within the construction industry have not been given any statutory powers to protect the public interest to ensure that building contractors complete work without the public having to resort to legal action; and if he will make a statement on the matter. [23440/99]
The Building Control Act, 1990, regulates the standard of construction work on new buildings and extensions or material alterations to existing buildings. Enforcement of the 1990 Act is a matter for the local building control authority. The authority usually seeks voluntary co-operation in compliance with the national building regulations made under the 1990 Act. If that fails, the authority can serve an enforcement notice on the builder, designer or owner of the building, as appropriate. In the event of non-compliance with the notice, the authority or the DPP can institute a prosecution in the courts. Where there is a dangerous defect, the authority can seek a High Court injunction requiring the execution of remedial work to make the building safe. The authority can exercise its enforcement powers on its own initiative, following inspection of a building, or on foot of a complaint from a member of the public.
In the case of new houses, Homebond independently operates a guarantee scheme. This guarantee covers major defects of a structural nature for a period of ten years following completion of the building work. Normally complaints about the quality of work done by housebuilders registered with Homebond are resolved without the need for the householder to resort to legal action.
Where the construction of a building is the subject of a contract between the client commissioning the building and the builder, enforcement of this contract is a civil matter.
