I propose to take Questions Nos. 806 to 811, inclusive, 839 and 922 together.
I refer to the reply to question No. 162 of 1 March 2012 which sets out the position in relation to the inspection undertaken by the Housing Inspectorate of my Department following an application by the developer of the Priory Hall complex for Floor Area compliance Certificates (FACCs) as introduced by section 72 of the 2004 Finance Act.
The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on:
clear legal standards as set out in the Building Regulations;
detailed Technical Guidance Documents to outline how these standards can be achieved in practice;
the burden and responsibility for compliance resting first and foremost with developers/builders;
a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and
the responsibility for enforcing compliance with the building regulations resting with the 37 local building control authorities.
Where a contract exists between the owner of a building (including a local authority in the case of certain publicly owned buildings) and the relevant builder/developer enforcement may also be a civil matter.
The Health and Safety Authority is the national statutory body with responsibility for enforcing occupational health and safety law in places of work (including construction sites). I have no function in relation to this agency.
Local authorities already have extensive powers under the Building Control Acts which they can use to enforce compliance with the Building Regulations. These include the powers to scrutinise proposals and inspect works in progress; to serve enforcement notices for non-compliance; to institute proceedings for breaches of regulatory requirements; and to seek High Court injunctions if non-compliance poses considerable and serious danger to the public.
While a robust system of building control does exist, there are steps that can and must be taken to strengthen the system. I have very recently released, for public consultation, proposed Building Control (Amendment) Regulations which will provide for
(a) the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the Building Regulations have been met; and
(b) the lodgement of drawings, at both commencement and completion of construction, demonstrating how the building has been designed and built to comply with all parts of the Building Regulations.
Mandatory certification and lodgement of drawings are key reforms which will have the capacity to improve the quality of buildings and will lead to further strengthening of the regulatory regime in 2012.
The legal proceedings in relation to Priory Hall are continuing and it would be inappropriate to anticipate their conclusion. The appeal by Dublin City Council against the court order to pay the costs associated with providing alternative accommodation for the residents is expected to be heard by the Supreme Court on 24 April 2012.
The overriding priority is to ensure the optimum outcome for the households concerned and to facilitate as early as possible a return to their homes. In this respect it will be necessary to ensure that these homes are made fit for purpose and that the costs of so doing fall where they should. I have asked Dublin City Council to do all within its powers to achieve this objective and have asked my Department to continue to liaise closely with Dublin City Council in this regard.