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Building Regulations Compliance

Dáil Éireann Debate, Tuesday - 16 April 2019

Tuesday, 16 April 2019

Questions (565, 566)

Joan Burton

Question:

565. Deputy Joan Burton asked the Minister for Housing, Planning and Local Government his plans to ensure compliance with obligations under the Building Control Acts 1990 to 2014; the sanctions available to address non-compliant bodies; the number of complaints made to his Department about failure to comply with the Acts; and if he will make a statement on the matter. [17406/19]

View answer

Joan Burton

Question:

566. Deputy Joan Burton asked the Minister for Housing, Planning and Local Government the number of legal proceedings instigated by local authorities as a result of breaches in building regulations by date and local authority in tabular form; and if he will make a statement on the matter. [17407/19]

View answer

Written answers

I propose to take Questions Nos. 565 and 566 together.

In response to the many building failures that have come to attention over the last decade, the Government has embarked on a multi-pronged Building Control Reform Agenda, to reduce the risk of similar problems occurring again. The reform is centred on three main initiatives:

- Reform of the Building Control process;

- Establishment of a National Building Control Management Project; and

- Putting the Construction Industry Register Ireland (CIRI) on a statutory footing.

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.

The National Building Control Management Project (NBCMP) was set up to provide oversight, direction and support for the development, standardisation and implementation of Building Control as an effective shared service in the 31 Building Control Authorities. Dublin City Council has been approved as the lead building control authority, creating the central and stable executive structure needed to support the local building control function in operating to optimum effect.

Under the Building Control Acts 1990 to 2014, Building Control Authorities have strong powers of inspection, enforcement and prosecution. Powers in relation to enforcement include the serving of enforcement notices, orders of the courts, and the powers of prosecution. A person found guilty of an offence under the Act may be liable for fines (up to €50,000) and/or imprisonment (up to 2 years) and be disqualified from signing and submitting certificates of compliance.

While Building Control Authorities use enforcement mechanisms, including through the courts, to effect compliance where reasonable and appropriate to do so, desired results can also be achieved, and often are, through correspondence, discussion and persuasion, backed up by the potential for legal action in the event that compliance is not forthcoming.

The Building Control Regulations 1997 require Building Control Authorities to keep a register of, inter alia, any enforcement notices served by them and the date and outcome of any decision of the District Court in respect of an enforcement notice. The Regulations require that this register shall be available for inspection at the offices of the Building Control Authority during office hours.

Local authorities are not required to publish material regarding High Court injunctions sought in relation to buildings and works under the Building Control Acts; however, this information is a matter of public record and details of any such cases should be available from the Courts Service of Ireland at http://www.courts.ie/.

The Building Control Management System will be developed to facilitate the centralised collection of such data in the future.

Finally, in relation to CIRI-related legislation, drafting and referral for pre-legislative scrutiny of the General Scheme of a Bill were approved by Government on 30 May 2017. The Bill was referred to the Joint Oireachtas Committee for pre-legislative scrutiny and my Department is currently working through the Committee’s recommendations, as the Bill is drafted. The Department is working with the Attorney General's Office, with a view to achieving publication of the Bill later this year.

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