Dáil Éireann Debate, Tuesday - 22 June 2021
324. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the percentage of inspections that are carried out in relation to the issuing of fire certificates by local authorities; and if he will make a statement on the matter. [33412/21]
View answerThe 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 Technical Guidance Document 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 2020, 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 2020, 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 and the Code of Practice for Inspecting and Certifying Buildings and Works, 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) collects and publishes this data. The Performance Indicators in Local Authorities reports are available at http://noac.ie/noac-reports/.
The National Building Control Office (NBCO) within Dublin City Council provides oversight, direction and support for the development, standardisation and implementation of Building Control as an effective shared service in the 31 Building Control Authorities. My Department is working with the NBCO on a review of the inspection policy for building control. It is intended that the new policy will position Building Control Authorities to carry out risk-based targeted inspections by making more efficient and effective use of the available resources. Much progress has been made on this review, an inspections protocol and methodology has been developed and a pilot IT system to support inspections has also been developed. The issue of targets and capacity will be considered further in this context of this policy review.
