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Building Regulations

Dáil Éireann Debate, Tuesday - 16 April 2019

Tuesday, 16 April 2019

Questions (563, 564)

Joan Burton

Question:

563. Deputy Joan Burton asked the Minister for Housing, Planning and Local Government the number of fire and safety inspections carried out on new builds in each local authority area by date in tabular form; and if these inspections have passed approved regulations. [17404/19]

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Joan Burton

Question:

564. Deputy Joan Burton asked the Minister for Housing, Planning and Local Government the steps his Department takes to ensure that fire safety certificates issued by the building control authority prior to construction work beginning comply with the requirements of Part B of the second schedule to the building regulations 1997 once construction is complete; and if he will make a statement on the matter. [17405/19]

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Written answers

I propose to take Questions Nos. 563 and 564 together.

The Building Regulations apply to the design and construction of a new building and to certain works to existing buildings. The minimum performance requirements that a building must achieve are set out in the Second Schedule to the Building Regulations in 12 parts, Parts A to M. Part B (Fire safety) sets down the statutory minimum standards of fire safety provision.

Part III of the Building Control Regulations requires a Fire Safety Certificate (FSC) to be obtained for new buildings (with some exceptions) and certain works to existing buildings. The FSC ensures the building/works if constructed in accordance with the plans and specifications submitted, comply with the requirements of Part B of the Building Regulations. As such, an application is examined technically, by the Chief Fire Officer /Building Control Authority, for compliance with Part B, either on the basis of TGD B or through alternative approaches to providing fire safety.

A right of appeal is also provided for in this Part of the Building Control Regulations, in instances where a building control authority grant a fire safety certificate with conditions, or refuse to grant a fire safety certificate. The applicant may appeal to An Bord Pleanála against the decision of the building control authority. The Board is fully independent in the performance of these statutory functions.

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.

Since the introduction of Building Control (Amendment) Regulations 2014, (BCAR), greater accountability is required 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. This legislation empowers competence and professionalism in construction projects and establishes a chain of responsibility that begins with the owner.

In addition, under the Building Control Acts 1990 to 2014, Building Control Authorities have strong powers of inspection, enforcement and prosecution. As such, the number of inspections is a matter for local authorities, who are independent in the use of their statutory powers the Acts.

In line with the agreed Performance Indicators for Local Government, Building Control Authorities are required to carry out a level of inspection equivalent to 12% to 15% of new buildings for which valid commencement notices have been received. The National Oversight & Audit Commission (NOAC) now collects and publishes this data. The Performance Indicators in Local Authorities reports are available at http://noac.ie/noac-reports/.

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