Dáil Éireann Debate, Tuesday - 28 April 2015
443. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the recourse available for homeowners in an area (details supplied) in County Kildare who are concerned regarding the standards of their buildings, which buildings are subject to an ongoing investigation; and if he will make a statement on the matter. [16829/15]
View answerI acknowledge the distressing and stressful situations which individuals face when they find that the home in which they have invested may not be completed to the required acceptable standard.
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.
Neither I nor my Department have any function in assessing, checking or testing compliance, or otherwise, of specific works or developments, nor can I or my Department influence or interfere in the handling of specific cases by local authorities who are independent in the use of their statutory powers. Nevertheless I have urged, and will continue to urge, local authorities in general to continue to use all of the powers currently available to them to address failures to comply with statutory requirements, particularly in relation to fire safety in residential developments within their functional areas.
I understand that Kildare County Council in its capacity as Fire Authority has previously been engaged with the Owner Management Company and with owners of some individual apartment units in the development concerned to resolve a number of problems that became apparent on and from 2013. I also understand that, following a recent incident affecting a number of units in the development concerned, Kildare County Council has engaged the services of a Fire Safety Consultant to assess compliance with fire safety requirements in a number of housing units. It is not possible at this point to determine what implications this might have for fire safety provision more generally in the development concerned. In the event that further action may be required, however, I would advise all owners concerned to cooperate with the Local Authority in carrying out its statutory role.
In relation to the recourse available for homeowners, the position is that the Building Control Act 1990 places primary responsibility for compliance with the Building Regulations on the owner of the building concerned and on the builder/developer who carries out the works. The Building Regulations are outlined in twelve parts (classified as parts A to M) and set down the legally enforceable minimum standards which a new building must achieve; fire safety is addressed under Part B. Enforcement of the Building Regulations is a matter for the 31 local Building Control Authorities who have strong powers to serve enforcement notices for non-compliance or to institute proceedings for breaches of regulatory requirements within a period of five years from the date the building has been completed.
Where building defects occur, their remediation is a matter for the parties concerned, namely the building owner, the relevant developer and the builder’s insurers, in line with any contractual arrangements agreed between the parties. Where disputes cannot be resolved through dialogue or mediation, enforcement of contract terms becomes a civil matter. Professional advice, for instance from the solicitor who advised them in relation to the contract when buying their home or another legal advisor, is recommended for homeowners in this situation.
It may also be the case that the builder/developer was a member of a structural guarantee warranty/scheme and this should be ascertained and pursued if relevant.
