Skip to main content
Normal View

Building Regulations

Dáil Éireann Debate, Wednesday - 18 April 2012

Wednesday, 18 April 2012

Questions (790, 791, 792, 793, 794, 795, 796, 797)

Niall Collins

Question:

806 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government his views on a submission (details supplied) by the Priory Hall residents committee, Dublin, regarding fire safety concerns raised by an inspector from his Department during the construction of Priory Hall in 2006. [17918/12]

View answer

Niall Collins

Question:

807 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if, in view of the serious defects identified by State inspectors during the construction phase of Priory Hall, Dublin, the complex was re-inspected prior to the first resident moving into the building in order to confirm that the defects had been remedied; if so, the findings of that re-inspection. [17919/12]

View answer

Niall Collins

Question:

808 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if he will provide details of the division of responsibility between his Department, the relevant local authority and the Health and Safety Authority during the period from 2005 to 2010 for ensuring that defects identified during the construction phase of buildings were remedied prior to those buildings being occupied. [17920/12]

View answer

Niall Collins

Question:

809 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the State agency that ultimately had responsibility during the period from 2005 to 2010 for determining that a building had been built in line with building standards and was safe for habitation. [17921/12]

View answer

Niall Collins

Question:

810 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the procedures that were in place in the period from 2005 to 2010 to ensure that fire risks and other serious building defects identified by State inspectors during the construction phase of buildings were remedied before those buildings were occupied. [17922/12]

View answer

Niall Collins

Question:

811 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if, during the period from 2005 to 2010, following the identification by a State agency of fire risk or other building control problems at a development during the construction phase, such buildings were all re-inspected by that agency to ensure that the defect was remedied. [17923/12]

View answer

Niall Collins

Question:

839 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government his response to a statement (details supplied) by the Priory Hall residents committee regarding fire safety concerns raised by an inspector from his Department during the construction of Priory Hall. Dublin, in 2006. [18341/12]

View answer

Finian McGrath

Question:

922 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will come up with new plans to resolve the Priory Hall issue, Dublin, and to make the residents’ concerns a priority. [19365/12]

View answer

Written answers

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.

Top
Share