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Building Regulations Application

Dáil Éireann Debate, Tuesday - 10 December 2013

Tuesday, 10 December 2013

Questions (341, 343)

Barry Cowen

Question:

341. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the steps he has taken in relation to utilising the Priory Hall model of resolution for unlivable domestic units across other examples as may arise in the State; and if he will make a statement on the matter. [52965/13]

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Barry Cowen

Question:

343. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he is willing to establish a mediation process unit that will deal with cases of unlivable domestic units due to construction failings by bringing together the parties involved to find a mutually acceptable proposal; and if he will make a statement on the matter. [52967/13]

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Written answers

I propose to take Questions Nos. 341 and 343 together.

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.

Remediation of defects is a matter between the parties concerned, the owner and the builder/developer and their insurers. If satisfactory resolution cannot be achieved through dialogue and negotiation the option of seeking civil legal remedy may be considered.

Given that a clear statutory framework is in place, I have no proposals for the introduction of a mediation service along the lines suggested. My Department continues to liaise with local authorities in relation to significant building control issues that have arisen in a number of multi-unit developments across the country, including those instances raised in the question. In this regard, local authorities have extensive powers of inspection and enforcement under the Fire Safety Act 1981, the Building Control Act 1990 and the Planning and Development Acts, all of which may be relevant in relation to fire safety arrangements in residential buildings, and have successfully used such powers to deal with a number of instances of non-compliance.

I have also amended the Building Control Regulations to require, in respect of building projects commencing on and from I March 2014, lodgement of design documentation, inspections during construction, overseen by registered construction professionals, and certificates of compliance signed by designers, builders and assigned certifiers. The new regulations are designed to ensure that competence and professionalism become part and parcel of building projects generally and will lead to a new era of quality in our construction industry and ensure that the legacy of defective buildings seen in recent years will not recur.

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