Dáil Éireann Debate, Wednesday - 11 June 2014
106. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if his attention has been drawn to 30 newly constructed houses that have already been identified to be demolished because of a new pyrite problem in the concrete blocks used in their construction; and if he will make a statement on the matter. [24912/14]
View answer108. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if he and his Department are aware of a new pyrite problem regarding concrete products and if so, if the companies involved have notified his officials and have they taken any action in that regard; and if he will make a statement on the matter. [24914/14]
View answer109. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if the construction industry is going to be severely effected with the latest new pyrite problem; if payments to sub contractors and cash flow is going to be an issue for the contractors involved; and if he will make a statement on the matter. [24915/14]
View answerI propose to take Questions Nos. 106, 108 and 109 together.
A potential problem with concrete blocks in the Leinster region was signalled to my Department in early April 2014.
Concurrently the relevant market surveillance authority (local authority) in the jurisdiction where the concrete blocks were manufactured was also made aware of the matter.
Under Regulation (EU) No. 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC ( known as the Construction Products Regulation or the “CPR”), manufacturers are required to provide robust and reliable information in a consistent way for construction products which are covered by harmonised European standards or European Technical Assessments. In broad terms, since 1 July 2013, manufacturers are required, when placing a construction product on the market, to make a Declaration of Performance and to affix the CE mark to each product. The relevant harmonised European standard for concrete blocks is I.S. EN 771-3:2011 Specification for masonry units - Part 3: Aggregate concrete masonry units (Dense and lightweight aggregates).
Under the European Union (Construction Products) Regulations 2013 , building control authorities have been designated as the principal market surveillance authorities for construction products that fall within the remit of Construction Products Regulation. Under these Regulations, market surveillance authorities have significant powers to deal with situations where constructions products are placed on the market which do not comply with the requirements set out in the Construction Products Regulation.
From the information provided to date, it appears that a single manufacturer is involved in this particular case and that the relevant market surveillance authority took immediate and appropriate action to deal with the issue when it was brought to its attention. The relevant market surveillance authority has engaged with the manufacturer, in the first instance, to identify if there was a problem and thereafter to determine the precise nature and extent of the problem, the actions being taken by the manufacturer to deal with the problem; additional documentation is also being sought to demonstrate compliance with the manufacturer’s obligations under the Construction Products Regulation.
Responsibility for demonstrating a construction product’s compliance with the requirements of the Construction Products Regulation and the applicable harmonised European standard(s) rests with the manufacturer although obligations are also imposed on both the importers and distributors of such products. My Department understands that the manufacturer appears to be co-operating with the market surveillance authority on this issue. While certain information has already been provided by the manufacturer, additional information is being sought to further clarify a number of issues, including more precise information on the extent of the problem and the distribution of the defective blocks.
A number of sites have been identified where it is alleged the defective blocks were supplied and the relevant building control authorities in those areas are also taking appropriate actions in relation to the relevant construction works to establish whether or not the requirements of the Building Regulations are being complied with. In general, building defects are matters for resolution between the contracting parties involved, i.e. the homeowner, the builder, the manufacturer, supplier, quarry owner and/or their respective insurers. In the event that the contracting parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered. It is understood that the contractual arrangements between the parties involved in the known cases are being used to address matters and are providing the mechanisms for resolution.
While I understand that resolution may require a number of the houses/buildings to be demolished as a consequence of the incorporation of defective blocks in the construction it is not possible at this point in time to say if all of the dwellings in the sites identified are affected and if this course of action will be required in all cases. In this regard, I am not in a position to identify what impact, if any, this problem will have on the cashflow of the contractors involved. These are matters typically governed by the terms and conditions set out in the contractual arrangements between the relevant parties to a construction project.
This is a serious matter and both my Department and the relevant building control authorities involved are working closely to ensure that the necessary actions are taken to resolve the problems identified and to guard against defective products being placed on the market.
