Dáil Éireann Debate, Tuesday - 23 October 2012
100. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the remedies available to the growing numbers of homeowners whose properties are a fire hazard and are in breach of fire regulations. [46127/12]
View answerThe resolution of problems arising between building owners and builders is a matter for the parties concerned, namely the building owner, the relevant developer and the builder’s insurers. Where the construction of a building is the subject of a contract between the client and the builder enforcement is a civil matter. 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. In addition to prosecution on indictment in the Circuit Court, building control authorities may also bring summary prosecutions for building code offences in the District Court and have wide powers to make application to the High Court to secure Orders where buildings do not comply with the requirements of the Building Regulations.
Failure to comply with the requirements of the Building Regulations where a successful prosecution takes place may result, on summary prosecution, in a maximum fine of €5,000 or imprisonment for a period of up to six months or both. A further fine of €500 in respect of each day on which the offence is committed after summary conviction can also be applied. A successful conviction on indictment may result in a maximum fine of €50,000 or imprisonment for a period of up to two years or both. Apart from their powers under the Building Control Acts, local authorities also have strong enforcement powers available to them under the Fire Services Act 1981 when acting in their capacity as fire authorities.
