The Building Control Acts 1990 and 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.
Accordingly, in terms of the actions open to residents, the position is that where a contract exists between the owner of a building and the relevant builder/developer, the resolution of problems is a matter for the parties concerned, namely the building owner, the relevant builder/developer and the builder/developer's insurers, and where a resolution cannot be achieved through dialogue and negotiation enforcement may become a civil matter. Where professionals have been involved in the design and/or the supervision and certification of works the legal responsibility in relation to the resolution of problems would extend to the professional and the professional's insurers.
In the case of the Martello Estate in Balbriggan my Department understand s that following complaints from residents the relevant building control authority, which is Fingal County Council, had the matter examined and identified a variety of issues that required attention by the developer to ensure compliance with the building regulations in respect to fire safety. In response to an enforcement notice the developer gave an undertaking to the District Court to re-examine every house in Martello and carry out whatever works were required to achieve compliance with the building regulations and a timescale for compliance was set out in that court order. Fingal County Council have advised my Department that these works have been carried out and have been certified by a competent professional that supervised the works and that the relevant certificates have been made available through Fingal County Council's website to all affected residents. It is understood that Fingal County Council is satisfied that the substance of the enforcement notice has been complied with and no further action is contemplated.
Neither I nor my Department have any function in assessing, checking or testing compliance, or otherwise, of specific works or developments, nor can I or my Department influence or interfere in the handling of specific cases by local authorities who are at all times independent in the use of their statutory powers. Nevertheless I have urged, and will continue to urge, local authorities in general to continue to use all of the powers currently available to them to address failures to comply with statutory requirements, particularly in relation to fire safety in residential developments within their functional areas.
