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Construction Industry

Dáil Éireann Debate, Tuesday - 15 January 2019

Tuesday, 15 January 2019

Questions (1201, 1202)

Bernard Durkan

Question:

1201. Deputy Bernard J. Durkan asked the Minister for Housing, Planning and Local Government the extent to which reliable structural guarantee schemes are available to protect homeowners; and if he will make a statement on the matter. [1738/19]

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Bernard Durkan

Question:

1202. Deputy Bernard J. Durkan asked the Minister for Housing, Planning and Local Government the extent to which the construction industry, the local authorities and a structural guarantee scheme can be combined to assist persons affected by poor construction, non-compliance with planning permission or other structural defects impacting negatively or likely to so do on the homeowner; and if he will make a statement on the matter. [1739/19]

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Written answers

I propose to take Questions Nos. 1201 and 1202 together.

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.

Under the Building Control Acts 1990 to 2014, primary responsibility for compliance of works with the requirements of the Building Regulations rests with the owners, designers and builders 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 under the Acts and who are independent in the use of their statutory powers.

Policy responsibility in relation to insurance is a matter for my colleague, the Minister for Finance, with the insurance sector being subject to regulation by the Central Bank of Ireland.

In response to the defects that have come to light in relation residential buildings built during the 2000's, the Government’s focus has primarily been on ensuring strong and effective regulation in the building control system and the construction industry and on improving compliance with the Building Regulations. This reduces the risk and the incidence of defective buildings and has provided insurance underwriters with sufficient confidence to introduce new latent defect type products in Ireland, despite a general retrenchment and conservatism in the wider insurance industry. These new products are first party insurance policies which cover damage and non-damage (breaches of buildings) claims, to varying degrees. This means that the purchaser does not have to make a claim through the builder but can submit a claim directly to the insurer. This would be of particular benefit to a homeowner in circumstances where the builder or developer has ceased trading. It is critical that consumers, house purchasers and the public are aware of the various insurance products available and the scope of such policies.

Under planning legislation, enforcement of planning control is a matter for the relevant planning authority which can take action if a development does not have the required permission or where the terms of a permission have not been met. Planning authorities have substantial enforcement powers in this regard. A planning authority may issue an enforcement notice in connection with an unauthorised development, requiring such steps as the authority considers necessary to be taken within a specified period. If an enforcement notice is not complied with, the planning authority may itself take the specified steps and recover the expense incurred in doing so. A planning authority may also seek a court order under section 160 of the Planning and Development Act requiring any particular action to be done or not to be done. Indeed, section 160 of the Act provides that anyone may seek a court order in relation to unauthorised development; such action is not restricted to planning authorities.

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