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Building Regulations Amendments

Dáil Éireann Debate, Wednesday - 12 February 2014

Wednesday, 12 February 2014

Questions (137, 138)

Maureen O'Sullivan

Question:

137. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will respond to correspondence sent by the Irish Association of Self Builders seeking clarification in respect of correspondence sent from the RIAI to his Department regarding the Building Control (Amendment) Regulations SI 9 (details supplied); if the code of practice for inspections has been finalised or not to date; if the electronic systems for lodgment of commencement notices and design certificates have been tested or rolled out; if he will address questions surrounding the updating of construction contract forms, including the issue of the finalised versions of the design and completion certificates and if they are available; and if his attention has been drawn to the potential increasing risk of unforeseen delay in construction projects, embroiling new contracts in claims for additional payments, and increased cost for building owners for commissioning bodies and house purchases. [7123/14]

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Maureen O'Sullivan

Question:

138. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will clarify in relation to the statutory instrument, SI 9, Building Control (Amendment) Regulations, to be enacted in March 2014, if an owner who intends to build who accepts responsibility and ensures the building or work concerned complies with the requirements of the second Schedule to the building regulation, and if the owner does everything necessary to achieve this and signs the certification on completion, taking legal responsibility as a builder, if they can then go ahead and self- build; and if so, should the wording, to be signed by a principal or director of a building company only, under the certification section in the Building Control (Amendment) Regulations SI 9, be removed, as self-builders may not be a principal or director of a building company; and if he will make a statement on the matter. [7124/14]

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Written answers

I propose to take Questions Nos. 137 and 138 together.

A reply to the Irish Association of Self Builders will issue within the next week.

The Code of Practice for Inspecting and Certifying Buildings and Works has now been finalised and was circulated to industry stakeholders on 7 February 2014.

The new online Building Control Management System will provide a common platform for clear and consistent administration of building control matters across the local authority sector. Briefing and guidance for local authority staff on the new system has begun in recent weeks and arrangements are being made to brief key industry stakeholders on 17 February 2014, before the system is made publicly available in advance of 1 March 2014.

The prescribed forms of the statutory certificates of compliance required at design and completion stage of a construction project are included in the Building Control (Amendment) Regulations 2014 as signed into law on 15 January 2014. The impact of the Regulations for building owners and commissioning bodies and, in particular, the implications for projects currently subject to tender or for which contracts have recently been signed were addressed in the reply to Question No. 119 of 29 January 2014. My Department is continuing to liaise closely with the relevant Departments and agencies in relation to this aspect of the matter.

Concerns that the new regulations prevent a self-build situation are unfounded although all house-builders must comply with them. An owner who intends to self-build will, as before, assume legal responsibility for ensuring that the building or works concerned are compliant and they will be required, as builder, to sign the Undertaking by the Builder and the Certificate of Compliance on Completion.

Arrangements for a smooth transition to the new regulatory environment are well in hand and my Department will continue to work with all parties to ensure they understand their obligations and the steps necessary to meet them.

Question No. 139 answered with Question No. 128.
Question No. 140 answered with Question No. 131.
Question No. 141 answered with Question No. 128.
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