Dáil Éireann Debate, Thursday - 5 February 2015
295. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding water damage; and if he will make a statement on the matter. [5444/15]
View answerUnder the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities who have extensive powers of inspection and investigation under the Acts.
While I appreciate and acknowledge the extremely difficult and distressing situations that householders have to deal with when faced with the consequences of the use of defective materials or poor workmanship, in general, building defects are matters for resolution between the contracting parties involved, i.e. the homeowner, the builder/developer and/or their respective insurers. Where a structural guarantee is in place, there may be obligations on the guarantee provider if the defects fall within scope of the structural guarantee. There may also be a role for the Management Company where structural defects arise in an apartment complex. In the event that the contracting parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered.
