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Building Regulations

Dáil Éireann Debate, Tuesday - 5 July 2022

Tuesday, 5 July 2022

Questions (221)

James Lawless

Question:

221. Deputy James Lawless asked the Minister for Housing, Local Government and Heritage the recourse that a consumer has in cases of shoddy building work (details supplied); and if he will make a statement on the matter. [35542/22]

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Written answers

The Building Control Act 1990 as amended provides, inter alia, for the making of Building Regulations in respect of the construction of buildings. The aim of the Building Regulations is to provide for the safety and welfare of people in and about buildings. The Building Regulations apply to the design and construction of a new building (including a dwelling) and certain works to an existing building.

 The minimum performance requirements that a building must achieve are set out in the Second Schedule to the Building Regulations. These requirements are set out in 12 parts (classified as Parts A to M). Technical Guidance Documents (TGDs) are published to accompany each part indicating how the requirements of that part can be achieved in practice.

 There is an overarching requirement under Part D (Material and Workmanship) of the Building Regulations which requires that all works should be carried out:

- Using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.

- With a proper standard of workmanship and the appropriate use of any material to achieve compliance with the requirements of the Regulations.

- By competent persons with sufficient training, experience and knowledge appropriate to the nature of the work he or she is required to perform and having particular regard to the size and complexity of such works so as to ensure a proper standard of workmanship.

Responsibility for enforcement is delegated to local building control authorities who are independent in the exercise of their statutory powers and any person who believes that an offence has been committed is encouraged to report this to the local building control authority in whose area the offence is alleged to have been committed. Building control authorities have strong powers of inspection and enforcement under the Acts. In addition, local authorities also have similar powers under the Fire Services Acts 1981 and 2003, the Housing Acts and the Planning and Development Acts, which may be relevant where concerns arise in residential developments.

Authorised officers of each local building control authority have delegated powers to: -

- scrutinise proposals and inspect works in progress;

- serve enforcement notices on owners and builders for non-compliance;

- institute proceedings for breaches of any requirements outlined in the Acts, or any

- regulations made thereunder; and seek High Court orders to mitigate danger to the public where serious non-compliance poses risks to public safety.

Failure by an owner or a builder, at the request of a building control authority, to demonstrate compliance with the Building Regulations or the Building Control Regulations, or to rectify any such non-compliance, may be an offence under the Building Control Acts. If successfully prosecuted in court, such offences may lead to a fine and/or a term of imprisonment.  The use of these powers is, however, subject to a statute of limitations of five years from the date of completion of the buildings concerned.

Other significant pieces of redress and producers’ liability legislation which may apply to construction products are the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980; and the Liability for Defective Products Act 1991.

I acknowledge the stressful circumstances which the owners and residents of buildings face when defects occur in their homes.  In this regard, the Programme for Government sets out a number of commitments in respect of the important policy area of addressing building defects. These include a commitment to  examine defects in housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing’s report "Safe as Houses?" and to assist owners of latent defect properties, by identifying options for those impacted by defects, to access lowcost, long-term finance. Housing for All, the Government’s national plan on housing to 2030, reiterates these commitments. 

In this regard, I established a working group to examine defects in housing. This working group has been meeting monthly since March 2021 (except for August). In addition, regular subgroup meetings have taken place to advance elements of the work.  The group’s terms of reference are focused on fire safety, structural safety and water ingress defects in purpose built apartment buildings, including duplexes, constructed between 1991 and 2013. 

The working group is currently concluding its deliberations in support of the delivery on its extensive terms of reference and working towards finalisation of its report.  Once I receive the report I will give full consideration to its contents.

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