On 30 December last the parapets of Nos. 33 and 34 Washington Street Cork collapsed resulting in the death of one person and serious injury to another. This was a tragic accident and I am sure Deputies on all sides would wish me to convey our condolences to the victims and their families.
The responsibility for the maintenance of private property is a matter for the owners of such property. However, where dangerous structures are concerned, local authorities have extensive powers under the 1964 Sanitary Services Act. Under this Act a local authority may serve notice on owners of buildings requiring them to carry out specified works to prevent the building from becoming dangerous. They can also enter property and carry out work on a dangerous structure where there is an immediate danger to public safety, and recover the costs involved. Local authorities also have powers to inspect buildings to obtain any information for any purpose of the Act.
Since 1992 national building regulations set out the minimum legal requirements in relation to the design and construction of new buildings and the extension to, material alteration of and changes of use of existing buildings. Otherwise, the regulations do not apply to buildings built before this date. Part A of the First Schedule to the regulations sets out requirements in relation to the structural stability of buildings.
My Department has been in contact with Cork Corporation. In response, the corporation informed my Department that it engaged consultants to advise it generally on the incident and its implications. Specifically, it requested the consultants to investigate and report on the possible causes of the failure of the parapets and to assess reports, commissioned by owners from their engineering advisers, in relation to the safety of other buildings in the locality. Cork Corporation also used its powers under the 1964 Act, including service of notices requiring buildings to be vacated and works to be carried out, including demolition of certain buildings or parts of buildings.
I am satisfied that adequate resources are available to local authorities, through outsourcing or otherwise, to deal effectively and efficiently with the problems which dangerous buildings can present. The powers available to local authorities to take action in relation to dangerous buildings, which I outlined earlier, are extensive and I am not aware that any changes to the statutory position are necessary. In particular, it is important that nothing should be done that would obscure where the primary responsibility for safety of buildings lies, which is with the building owners. In conclusion, while the powers available to local authorities appear to be satisfactory, I propose to review the position generally when the report commissioned by the local authority is available and in the light of any views which Cork Corporation might have.