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Court Judgments

Dáil Éireann Debate, Tuesday - 23 November 2021

Tuesday, 23 November 2021

Questions (264)

Cathal Crowe

Question:

264. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if homeowners who built their dwellings prior to court rulings are entitled to have the remediation costs of their property to be partially or fully covered by a company (details supplied). [57136/21]

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Written answers (Question to Housing)

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 2020 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.

The Programme for Government sets out a range of commitments in respect of the important policy area of building defects. This includes the commitment to ensure that the remediation fund for pyrite and mica is fully drawn down. There is also a commitment to examine the issue of defects in housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing report, “Safe as Houses” and to assist owners of latent defect properties by identifying options for those impacted by defects to access low cost, long term finance. A working group is currently examining these two issues.

With regard to private limited companies providing structural defect insurance cover for new houses, their operations are regulated by the Central Bank of Ireland. As is the case for any private company, their operations are a matter for the management and Board of Directors. I have no function in this regard.

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