Dáil Éireann Debate, Thursday - 29 June 2017
291. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government if he will consider introducing legislation to extend the five year statute of limitations that applies to building control action in view of the fact that it often takes a period in excess of five years for building defects and fire safety defects to emerge in newer developments; and if he will make a statement on the matter. [30616/17]
View answerSection 8(2) of the Building Control Act 1990 provides that an Enforcement Notice shall not be served in respect of building works after the expiration of the period of five years commencing on the date of the completion of the building or the works, or the material change in the purposes for which the building is used.
Section 17(6) of the Building Control Act 1990 provides that summary proceedings for an offence under the Act may be instituted within twelve months after the date of the discovery of the offence but not later than five years after the date of the completion of any building works in respect of which the offence is alleged to have been committed.
The rationale and legislative intent behind such provisions which fix a maximum time, after an event, within which legal proceedings may be initiated is to facilitate resolution within a reasonable length of time given the nature of the particular civil or criminal proceedings.
Irish law generally requires that summary offences must be prosecuted within six months before they become statute barred. However, given the unique nature of building defects this period was extended to twelve months in the Building Control Act and additional flexibility was provided so that the twelve month period does not begin until the defects are discovered. This is subject to the overarching proviso that the offence must be prosecuted no later than five years after the date of the completion of any building works in respect of which the offence is alleged to have been committed.
The Building Control reform agenda has focussed on addressing the key deficits identified in the regulatory regime in 2011 namely the lack of involvement of construction professionals on site and lack of accountability in relation to compliance with the Building Regulations.
In parallel, improving the effectiveness and efficiency of the oversight by Building Control Authorities is a key priority and safeguard to ensuring compliance with the Building Regulations. In this context my Department will, among other things, be reviewing the 5 year restriction on enforcement action under the Building Control Acts.
