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Building Regulations

Dáil Éireann Debate, Tuesday - 29 November 2011

Tuesday, 29 November 2011

Questions (342, 343, 344, 345, 346, 347, 348)

Bernard J. Durkan

Question:

367 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government his future plans, if any, to amend the Building Control Act 2007 to facilitate the use of the title “architect” by self-trained architects who were in operation throughout the country prior to the introduction of the Act and who have been disenfranchised by not being permitted to use the title while performing the same function as architects; and if he will make a statement on the matter. [37501/11]

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James Bannon

Question:

370 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the number of persons in total that have applied for technical assessment under the Building Control Act 2007, Part 3: Architects, since its enactment; and if he will make a statement on the matter. [37569/11]

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James Bannon

Question:

371 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the number of applicants in total that have been rejected from sitting the technical assessment examination after paying the initial fee under the Building Control Act 2007, Part 3: Architects, since its enactment; and if he will make a statement on the matter. [37570/11]

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James Bannon

Question:

372 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the number of applicants who have passed the technical assessment examination under the Building Control Act 2007, Part 3: Architects, since its enactment; and if he will make a statement on the matter. [37571/11]

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James Bannon

Question:

373 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the number of applicants who have failed the technical assessment examination under the Building Control Act 2007, Part 3: Architects, since its enactment; and if he will make a statement on the matter. [37572/11]

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James Bannon

Question:

374 Deputy James Bannon asked the Minister for the Environment, Community and Local Government when will the 2010 annual report, which is stipulated in section 73 of the Building Control Act 2007: Architects, be published and put on sale, taking into account that it is now November 2011; and if he will make a statement on the matter. [37573/11]

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Written answers

I propose to take Questions Nos. 367 and 370 to 374, inclusive, together.

I have no plans to amend the Building Control Act 2007 along the lines suggested. Part 3 of the Building Control Act 2007 provides for the registration of persons permitted to use the title of Architect. The Royal Institute of the Architects of Ireland (RIAI) has been designated as the registration body for the purposes of Part 3 of the Act. Section 22 of the Act makes specific provision for a category of practically trained persons who had already been providing architectural services in Ireland commensurate with those understood as being provided by Architects for the purpose of the Building Control Act 2007 for a period of ten years at the time the Act became law. This provision is transitional in nature and enables this category of persons to become registered once they have been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedure — a process which assesses work submitted by the applicant and which does not involve any requirement to sit an examination.

The RIAI has advised my Department that eight applications for technical assessment have been received to date. Of these, seven applications have been fully considered by the Technical Assessment Board with five applicants being deemed eligible for registration and two applicants being deemed unsuccessful. A further application is currently being assessed. My Department is currently discussing reporting arrangements with the registration bodies. Information regarding its activities under the Act was included in the RIAI's annual report for 2010.

Clare Daly

Question:

368 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his views on the proposal that where non-compliance with fire safety building regulations (details supplied) is discovered in domestic dwellings and brought to the attention of a local authority, that authority must ensure that all measures required to bring the structure into compliance must be completed. [37518/11]

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Under the Building Control Act 1990, responsibility for compliance with the Building Regulations is a matter for the owner and the builder of a building. Enforcement of the building regulations is the responsibility of the 37 local building control authorities. The authorities are empowered to carry out inspections and initiate enforcement proceedings where considered necessary. Building control authorities can take proceedings for alleged breaches of the Building Regulations on a summary basis before the District Courts or on indictment before the High Court where circumstances so warrant.

In the case referred to in the question, I understand that Fingal County Council issued an enforcement notice and on foot of undertakings given in the District Court, the developer has now carried out the required works and they have been certified by a competent professional who supervised the works. Fingal County Council is now satisfied that the substance of the enforcement notice has been complied with and no further action is contemplated.

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