Dáil Éireann Debate, Tuesday - 22 March 2016
546. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his views on correspondence concerning liquidation and support for a creditor (details supplied); and if he will make a statement on the matter. [5251/16]
View answerI have no function in relation to the matter of a building firm undergoing liquidation. It is important in such circumstances for creditors to bring any claims to the notice of the appointed liquidator without delay. Under 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 the distressing situation that a homeowner has 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 the scope of the guarantee and are within the period of cover which may be up to 10 years. The Owner Management Company of a development may have a role in particular if other apartments in the development are affected. The homeowner may also wish to consider seeking the advice of a legal professional such as the law agent who acted on their behalf in connection with the purchase of the property.
