I propose to take Questions Nos. 282 and 289 together.
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 enforcement in the event of breaches of the Building Control Regulations.
In general, building defects are matters for resolution between the contracting parties involved: the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme. In this regard, it is incumbent on the parties responsible for poor workmanship and/or the supply of defective materials to face up to their responsibilities and take appropriate action to provide remedies for the affected homeowners.
In response to the many building failures that have emerged over the past decade, my Department introduced the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), which require greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction by registered construction professionals and builders, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates.
A Certificate of Compliance on Completion is jointly signed by the builder and the assigned certifier. This must be accompanied by plans and documentation to show how the constructed building complies with the building regulations and also the inspection plan, as implemented.
In effect, the statutory Certificate of Compliance on Completion certifies that a building is compliant with all relevant requirements of the Building Regulations.
