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Building Regulations Application

Dáil Éireann Debate, Wednesday - 12 March 2014

Wednesday, 12 March 2014

Questions (47)

Clare Daly

Question:

47. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government in view of the fact that the building control amendment regulations have come into force on 1 March 2014 and that these regulations are of no benefit to the tens of thousands of victims of shoddy builders, home owners who purchased during the building boom and who are left with drainage and plumbing problems, leaking roofs and dampness, non-compliance with fire safety regulations and structural damage, the action he will take to help these victims of bad building and lack of adequate building control. [11848/14]

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Written answers

The Building Control Acts 1990 and 2007 set out a clear statutory framework for the control of building 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.

In cases 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 addition to the above, local authorities have extensive powers of inspection and enforcement under the Building Control Acts 1990 and 2007, the Fire Safety Act 1981 and the Planning and Development Acts, all of which may be relevant in relation to the instances of non-compliance cited. Local Authorities have used such powers on a number of occasions in recent times. I have urged, and will continue to urge, local authorities to use all of the powers available to them to address failures to comply with statutory requirements and my Department continues to liaise closely with local authorities in this regard.

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