Wednesday, 28 Jun 2023

Written Answers Nos. 82-94

Northern Ireland

Questions (82)

Brendan Smith

Question:

82. Deputy Brendan Smith asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she has had recent contact with the Secretary of State for Northern Ireland and with the Tourism Authorities in Northern Ireland in relation to the need to provide an exemption to the electronic travel authorisation scheme for tourists travelling to Northern Ireland via this State taking into account that the island of Ireland is marketed as one tourist destination and the need to avoid barriers to free travel; and if she will make a statement on the matter. [31611/23]

Written answers

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media (Deputy Catherine Martin)

As the Deputy is aware, the UK Government introduced secondary legislation in March to start to put in place its Electronic Travel Authorisation Scheme in Autumn this year. Under the scheme non-Visa required nationals will generally need to obtain an Electronic Travel Authorisation (ETA) before travelling to the UK.

The ETA requirement will not apply to Irish citizens due to the Common Travel Area arrangements. The secondary legislation introduced in March also established an exemption for legal residents of Ireland. 

However, the fact that the proposed ETA scheme does not provide for an exemption for international tourists who wish to travel from Ireland to Northern Ireland is a matter of concern for the tourism industry, both North and South.

A majority of international visitors to Northern Ireland arrive via this jurisdiction. Seamless cross-border travel has been a key enabler to the record growth of tourism to the island over the past decade. Requiring many international tourists to apply online for an ETA in order to cross the border would result in an additional layer of bureaucracy and complexity, as well as an additional cost, for visitors.

Tourism stakeholders, including the Northern Ireland Tourism Alliance, have clearly articulated their disappointment that an exemption from the ETA scheme for short-term visits from South to North has not been introduced.

Since 2021, the Irish Government has raised concerns about the ETA proposals with the UK Government. Governmental engagement on this issue has been primarily led by the Department of Foreign Affairs, but the Taoiseach, Tánaiste, Minister for Justice and other Ministers have also engaged directly with the UK Government, highlighting how the proposed scheme could inhibit the fluid nature of movement on the island and North-South cooperation, especially with regard to all-island tourism.

While I have had no direct contact on this matter with the Secretary of State, the Government will continue to engage with the UK Government and Northern Ireland stakeholders on the matter. The Government raised the UK’s ETA proposals again with the UK at the British-Irish Intergovernmental Conference on 19 June. We will closely monitor the impact of the ETA scheme on tourism and travel on this island.

Energy Conservation

Questions (83)

Mary Lou McDonald

Question:

83. Deputy Mary Lou McDonald asked the Minister for Housing, Local Government and Heritage the amount funding that is available to Dublin City Council for the energy efficiency retrofit programme; and if he has any plans to increase this funding to meet climate action plans. [31399/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

Since 2013, Exchequer funding has been provided through my Department's Energy Efficiency Retrofit Programme (EERP) to support local authorities with the retrofit of local authority owned homes requiring insulation and energy upgrade works. Over the period 2013-2022, Dublin City Council received almost €39 million in funding to carry out energy upgrade works on 10,448 properties.

In 2021 a new holistic approach was applied to the Energy Efficient Retrofit Programme (EERP), designed around the Programme for Government's commitment led by the Department for the Environment, Climate and Communications that calls for the 'retrofit' of 500,000 homes to a B2 (BER)/Cost Optimal Equivalent standard by 2030, of which, approximately 36,500 are expected to be local authority owned homes, with grant funding provided by my Department for those local authority housing retrofits.

Works eligible under my Department's revised EERP include attic/cavity wall insulation or external wall insulation where required, windows and doors replacement, heat pump installation and ancillary and associated works.

An annualised breakdown of the funding and number of properties completed by each LA since 2013 is available at the following link:

gov.ie - Energy Efficiency Retrofitting Programme - Expenditure & Output (www.gov.ie)

Local authorities have been notified of their targets and available funding for the 2023 EERP, which has been increasing year on year, in line with the ambition to achieve 36,500 retrofitted local authority owned homes out to 2030. To that end, Dublin City Council have been allocated almost €12.3 million, which includes project management funding, for the retrofit of 340 units this year. Furthermore where local authorities can retrofit additional dwellings this year, above their initial target, my Department will make every effort to accede to additional funding requests for this important work.

Vacant Properties

Questions (84)

Rose Conway-Walsh

Question:

84. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage if he is aware of the 77 units at a vacant housing estate in Ballinrobe, County Mayo; the plans he has to ensure they are redeveloped; and if he will make a statement on the matter. [31494/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

Addressing vacancy and maximising the use of existing housing stock is a primary objective of this Government, as demonstrated by the focus given to this priority area in Pathway 4 of the Government’s Housing for All plan.

In this regard, Action 19.10 of Housing for All provides that local authorities will work with the appropriate stakeholders to resolve issues within estates still categorised as ‘unfinished’ with a view to minimising any vacancy levels.

Since 2010, there has been a 98% reduction in the number of unfinished housing developments, from 3,000 to 75. Of these 75, 40 developments are unoccupied. These developments mainly contain partial shells and units at foundation level and are located in low housing demand areas. 35 developments that remain on the ‘unfinished’ developments survey for 2022, are occupied to some extent and are to remain the focus for local authorities to work towards a satisfactory resolution.

In March 2022, my Department issued correspondence to each of the 26 local authorities that had unfinished housing developments, requesting an update on the progress made since the last survey in 2020. Details in this regard were published in the Housing for All Q2 2022 Progress Report, a copy of which can be accessed on my Department’s website at the following link: www.gov.ie/en/publication/03335-housing-for-all-q2-2022-progress-report/

In the line with the commitment in Housing for All, local authorities will continue to assess the best options for resolution of unfinished developments and/or developments that are to be taken in charge. Information in relation to the specific housing development and the reasons for vacancy may be available from Mayo County Council.

Housing Schemes

Questions (85)

Patricia Ryan

Question:

85. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 109 of 14 June 2023, if he will clearly indicate the amount of funding given to Kildare County Council to purchase homes under the tenant-in-situ scheme since the lifting of the ban on no-fault evictions; and if he will make a statement on the matter. [31498/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).

For 2023, the Government has agreed that there will be increased provision for social housing acquisitions and my Department will fund local authorities to acquire at least 1,500 social homes. The additional acquisitions will be focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property. My Department issued a circular letter to all local authorities in March, setting out details of these arrangements and each local authority was provided with a provisional target for social housing acquisitions in 2023.

Further to the PQ submitted on 14 June, I can confirm that Kildare County Council have a target to acquire at least 55 social homes in 2023 and this will be kept under review.  Kildare County Council have delegated sanction to deliver these acquisitions, subject to those acquisitions being within Acquisition Cost Guidelines issued by my Department.  My Department recoups local authorities for their expenditure on social housing acquisitions.  

Details of social housing acquisitions will be published as part of the comprehensive programme level statistics published by my Department on a quarterly basis. This data is available for all local authorities to the end of Quarter 4 2022 and is published on the statistics page of my Department’s website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/. 

Vacant Properties

Questions (86)

Patricia Ryan

Question:

86. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if, with regard to the vacant property refurbishment grant, he can clarify how people who wish to apply for the grant but cannot get a mortgage on the vacant property concerned due to its not being 'habitable' (i.e. no working kitchen) will be able to avail of the grant; and if he will make a statement on the matter. [31501/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

In July 2022 the Vacant Property Refurbishment Grant was launched to support bringing vacant and derelict properties back into use. 

From 1 May 2023, a grant of up to a maximum of €50,000  is available for the refurbishment of vacant properties for occupation as a principal private residence and for properties which will be made available for rent, including the conversion of a property which has not been used as residential heretofore, subject to appropriate planning permission being in place.

Where the refurbishment costs are expected to exceed the standard grant of up to €50,000, a maximum top-up grant amount of up to €20,000 is available where the property is confirmed by the applicant to be derelict or where the property is already on the local authority’s Derelict Sites Register, bringing the total grant available for a derelict property up to a maximum of €70,000. 

No consideration is given to the habitable nature of the property as part of the grant application review process. It is up to the applicant to identify the works they intend applying for. The applicant may also carry out additional works on the property separate to those applied for in the grant application process.

Rules relating to mortgage applications and the granting of mortgages are separate to the grant and are a matter for the mortgage provider.  

Traveller Accommodation

Questions (87)

Eoin Ó Broin

Question:

87. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage to outline the refurbishment spends and number of units in each case of Traveller accommodations, per local authority, from 2018 -2022, in tabular form. [31533/23]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage (Deputy Kieran O'Donnell)

The Housing (Traveller Accommodation) Act 1998 provides that the role of my Department is to ensure that there are adequate structures and supports in place to assist housing authorities in providing accommodation for Travellers, including a national framework of policy, legislation and funding.

The information available on Traveller specific accommodation consists of total expenditure and outputs per local authority which relates primarily to new and refurbished Halting Sites, new and refurbished Group Housing, Acquisitions and Mobiles. Given that the expenditure is a multi-annual programme, the outputs in any year are not directly relatable to the individual spend in a particular year therefore it is not possible to fully disaggregate it in the format requested. The information available on the amount of drawn down by each local authority and the outputs for each of the years 2018 to 2022 is set out in the following table:

Traveller Specific Accommodation Expenditure and Outputs by Local Authority 2018-2022

-	-	2018		2019		2020		2021		2022
	Total Spend	Total Outputs	Total Spend	Total Outputs	Total Spend	Total Outputs	Total Spend	Total Outputs	Total Spend	Total Outputs
Carlow	0	0	381,898	15	206,986	2	0	0	43,723	0
Cavan	0	0	94,500	18	13,114	0	518	0	117,616	0
Clare	13,250	1	669,389	1	174,032	6	954,403	6	423,644	2
Cork City	180,250	26	42,319	1	1,504,850	23	520,881	9	1,751,577	25
Cork County	0	0	184,745	1	133,684	2	55,496	0	355,809	3
Donegal	52,775	8	0	0	245,498	8	89,531	0	531,711	13
Dublin City	744,400	11	895,197	9	2,066,977	15	351,661	2	1,560,112	40
DLR	1,099,940	12	32,834	0	747,750	11	371,077	2	568,397	12
Fingal	886,957	1	848,957	1	486,858	8	3,423,575	4	814,257	15
Galway City	0	0	0	0	861,334	19	2,005,132	17	647,735	6
Galway County	267,032	0	670,440	10	1,107,714	21	284,443	0	697,261	8
Kerry	62,538	6	75,131	0	15,773	18	80,165	0	2,733,143	2
Kildare	29,510	0	360,231	1	261,110	1	32,588	0	219,305	3
Kilkenny	60,067	0	408,856	8	125,638	1	145,184	0	635,088	4
Laois	0	0	0	0	192,520	1	129,826	0	1,207,103	1
Leitrim	54,306	0	0	0	375,635	3	0	0	379,689	1
Limerick City	470,997	17	1,424,782	23	2,370,922	15	2,284,555	3	133,949	6
Longford	0	0	0	0	0	0	406,014	3	201,468	1
Louth	3,810	1	341,863	0	287,087	3	15,000	0	270,661	2
Mayo	0	0	0	0	215,951	1	591,614	3	387,204	6
Meath	0	0	91,790	0	58,845	0	927,111	3	965,435	0
Monaghan	54,745	0	0	0	423,201	6	413,028	0	558,271	0
Offaly	10,999	0	692,329	0	499,833	8	246,126	0	361,604	7
Roscommon	102,274	1	73,843	1	148,168	0	96,829	2	1,108,296	5
Sligo	282,883	4	1,131,397	1	1,193,489	17	86,345	1	561,328	7
South Dublin	1,284,101	0	106,719	0	284,390	10	358,873	9	407,616	13
Tipperary	42,003	5	0	0	156,731	5	873,547	3	2,051,098	13
Waterford City	472,726	13	77,562	0	14,549	1	173,817	0	200,039	0
Westmeath	0	0	0	0	114,326	0	0	0	0	0
Wexford	0	0	52,870	1	30,382	1	113,610	0	217,399	0
Wicklow	88,783	1	0	0	180,305	0	469,014	2	489,107	2
TOTAL	6,264,345	107	8,657,652	91	14,497,654	206	15,499,963	69	20,599,647	197
LPT	0		0		74,466		48,194		506,321

*Local Property Tax (LPT) receipts are used to fund capital housing services by certain local authorities whose LPT allocation exceeds their LPT funding baseline. This expenditure is additional to the Voted Exchequer expenditure.

Traveller Accommodation

Questions (88)

Eoin Ó Broin

Question:

88. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will outline all Traveller accommodation projects currently in the pipeline; the initial dates of these projects; and their current status, in tabular form. [31534/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

The information requested is being compiled and will be forwarded to the Deputy in accordance with Standing Orders.

The following deferred reply was received under Standing Order 51.

The Housing (Traveller Accommodation) Act 1998 provides that the role of my Department is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding.

The Act provides that housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas.

Building Regulations

Questions (89)

Louise O'Reilly

Question:

89. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 32246/17, if he plans to update the building standards and building classifications, as he called for in 2017, to allow for the introduction of a green certificate for homes where there is negligible pyrite and no physical damage, in order that houses can be sold. [31582/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

References to “red”, “amber” and “green” as originally referred to in the Report of the Pyrite Panel (June 2012) and I.S. 398-1:2013 have been removed in I.S. 398-1:2017, which was introduced in August, 2017 and replaced its predecessor.

I.S. 398-1:2017 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation Protocol, sets out the process for assessing and determining whether a building has been damaged by reactive pyrite, or is likely to be in the future and it categorises the building.  

Building categories A, B, C, and D have been redefined in terms of the extent of susceptibility to expansion of the hardcore material in the sub-floor and the potential for future damage to the building from pyritic heave.

Buildings are categorised by means of a ‘Certificate of Building Categorisation for Reactive Pyrite in sub-floor hardcore material’ as per Annex B of I.S. 398-1:2017, based on the results of the Building Condition Assessment and the classification of the hardcore material.

To obtain a Category A Certificate following assessment under the requirements of I.S. 398-1:2017 (previously referred to as a "green" Certificate) the building must have a;

- Damage Condition Rating of 0 and hardcore which has negligible susceptibility to expansion; or

- Damage Condition Rating of 1(with or without progression) or 2, and hardcore which has negligible susceptibility to expansion and also has an alternative probable cause for the damage.

The Category A certificate is issued in respect of dwellings that have been assessed, at the request of the homeowner, in accordance with I.S. 398-1:2017. The issuing of such certificates is a matter entirely for the homeowner and the professional they engage; it is not part of the pyrite remediation scheme.

The pyrite remediation scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave, established in accordance with I.S. 398-1:2017.  In this regard, it is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2.  Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme.  This ensures that, having regard to the available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave.

Any proposal to amend the scheme is, in the first instance, a matter for the Pyrite Resolution Board and any such proposal would require detailed consideration of the evidence. 

Wildlife Protection

Questions (90)

Brendan Smith

Question:

90. Deputy Brendan Smith asked the Minister for Housing, Local Government and Heritage if he will ensure that the views outlined at the seminar last February in relation to the Open Seasons Order, and at subsequent stakeholder engagement meetings will be taken into account in devising the best way to address the issues concerning any species deemed vulnerable and listed on the Open Seasons Order; and if he will make a statement on the matter. [31628/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

In response to concerns at the national and EU level on the status of Birds Directive Annex II bird species, the National Parks and Wildlife Service (NPWS) recently conducted a public consultation on the Open Seasons Order. The public consultation will inform any review of the Open Seasons Order and the bird species listed on it. Consideration will also be given to the actions needed to improve the management of the Open Seasons Order, with a view to ensuring that hunting of these species is on a sustainable footing. Following recently reported declines in populations at the EU level, an EU Taskforce on the Recovery of Bird Species has been established to consider actions to reverse the decline in bird species, and to review the sustainability of their hunting in the Member States. The NPWS are engaging with this forum.

Many stakeholders engaged with the  public consultation, giving valuable insight and feedback, which will be taken into account in any review of the Open Seasons Order.  Stakeholders will be invited to any further public meetings that may be held in relation to the Order, where their input will be very much welcomed.  The results of the public consultation are currently being analysed and no decisions have been taken with regard to any potential changes in the Open Seasons Order.  

Wildlife Protection

Questions (91)

Brendan Smith

Question:

91. Deputy Brendan Smith asked the Minister for Housing, Local Government and Heritage the measures he will implement in conjunction with all relevant stakeholders to put in place adequate measures to enhance habitat, protect breeding grounds and properly fund research concerning any species deemed vulnerable; and if he will make a statement on the matter. [31629/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

The National Parks and Wildlife Service (NPWS) works in tandem with a variety of stakeholders in many conservation projects across Ireland and I recognise the contribution that such stakeholders make to our national conservation efforts.

The NPWS is the coordinating beneficiary for two LIFE projects with a focus on vulnerable bird species or species groups, namely Corncrake under Corncrake LIFE and breeding waders under LIFE on Machair.  The project teams seek to address threats and pressures to these species through engaging closely with a wide range of stakeholders, including farming and other sectoral interests, in the footprint of these projects.  The Curlew Conservation Programme that is co-funded by NPWS and DAFM seeks to bring a focus to the conservation efforts required to address declines in the Curlew population in Ireland, through habitat enhancement and predator control activities where appropriate.

The National Parks and Wildlife Service (NPWS) is committed to undertaking and commissioning research as appropriate to inform conservation action for a range of species, including for birds, invertebrates, bats, amphibians and marine mammals.

Wildlife Protection

Questions (92)

Brendan Smith

Question:

92. Deputy Brendan Smith asked the Minister for Housing, Local Government and Heritage if he is aware of the concerns of stakeholders who attended the April meeting to review the Open Seasons Order that relevant data was not disclosed to them at that time which subsequently came into the public domain, and if he will ensure that in such discussions all relevant data is provided in a timely and transparent manner; and if he will make a statement on the matter. [31630/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

The National Parks and Wildlife Service (NPWS) recently held a public consultation on the Open Seasons Order. The public consultation will inform any review of the Open Seasons Order and the bird species listed on it. Consideration will also be given to the actions needed to improve the management of the Open Seasons Order, with a view to ensuring that hunting of these species is on a sustainable footing. Following recently reported declines in populations at the EU level, an EU Taskforce on the Recovery of Bird Species has been established to consider actions to reverse the decline in bird species, and to review the sustainability of their hunting in the Member States. The NPWS are engaging with this forum.

A presentation was made to the NPWS Management Board in September 2022 by the internal NPWS Open Seasons Order working group. The presentation involved a review of the requirement of the Birds Directive; discussions of the EU Task Force on the Recovery of Bird Species; the available scientific data; potential framework in relation to certain Annex II species on the Open Seasons Order; and developing a draft framework for the consultation process with stakeholders.

The public consultation process – comprising both online surveys and in person meetings - allowed stakeholders and the general public to provide their views on policy issues. The preliminary outline   deliberations of the NPWS working group were not fed into the public consultation process as to do so would have influenced the views of either the general public or of the specific stakeholders involved. The full suite of options has not yet been agreed and there is, as yet, no formal NPWS position on the next steps. The results of the public consultation are currently being analysed and no decisions have been taken with regard to any potential changes in the Open Seasons Order.

There is no question of data being unavailable to or withheld from stakeholders.

Building Regulations

Questions (93, 94)

Thomas Pringle

Question:

93. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if his Department was instructed by the NSAI to adopt the European Standards EN771-3 and EN 12620 into the Irish building regulations; and if he will make a statement on the matter. [31676/23]

Thomas Pringle

Question:

94. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the reason that in Ireland we operate the Assessment of Verification of Constancy of Performance (AVPC) System 2+ by notified bodies while other EU member states operate a system 4 for EN12620 Aggregates for Concrete and EN771-3 Specification for Masonry Units Part 3: Aggregate Concrete Masonry Units (Dense and Lightweight Aggregates); and if he will make a statement on the matter. [31677/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

The Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, for example ‘EN 771-3 Specification for masonry units – Part 3: Aggregate concrete masonry units (Dense and lightweight aggregates)’ and ‘EN 12620:2002+A1:2008 - Aggregates for concrete’, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.

In response to the questions, the applicability date for harmonised standards such as EN 771-3 and EN 12620 is set by the European Commission and published in the Official Journal of the EU (OJEU). The OJEU also specifies the date of withdrawal of conflicting national technical specifications, after which presumption of conformity must be based upon harmonised European specifications.

The Assessment and Verification of Constancy of Performance (AVCP) is a harmonised system defining how to assess products and control the constancy of the assessment results. This system safeguards the reliability and accuracy of the Declaration of Performance. Five different systems are in place for construction products in the Construction Products Regulation. They range from large-scale third party involvement (by notified bodies) to self-declaration and monitoring by the manufacturer. The European Commission establishes which systems are applicable for:

• a construction product;

• a family of construction products;

• an essential characteristic.

Notified bodies are the only recognised third party carrying out the assessment of performance of construction products. Notified bodies are designated by EU countries. The tasks of notified bodies are set out in the harmonised technical specifications and may include assessment of the performance of a construction product, certification of constancy of performance, or factory production control certification. A full list of designated Notified Bodies relevant to each harmonised standard may be found on the New Approach Notified and Designated Organisations (NANDO) Information System hosted by the European Commission.

The harmonised technical specifications (harmonised European standard and European Assessment Document) include the technical details for the implementation of the AVCP system. Safety requirements are defined by Member States in their national laws, regulations and administrative provisions. To this end, the National Standards Authority of Ireland (NSAI), is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment. NSAI has produced additional guidance to some harmonised standards, under the CPR, in the form of Standard Recommendations (S.R.s) which set out appropriate third party oversight and minimum performance levels for specific intended uses of certain construction products in Ireland. Following consideration at the relevant NSAI committees, AVCP system 2+ was set for certain masonry units in S.R. 325 Recommendations for the design of masonry structures in Ireland to Eurocode 6 and certain aggregates in S.R. 16 Guidance on the use of I.S. EN 12620.

Ultimately, the manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product he or she is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI.

Finally, Part D (Material and Workmanship) of the Building Regulations sets out an overarching requirement that all works are 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. It further notes that proper materials include materials which:

(a) bear a CE marking in accordance with the provision of the Construction Products Regulation;

(b) comply with an appropriate harmonised technical specification (harmonised standard or European Technical Assessment) in accordance with the provision of the Construction Products Regulation; or

(c) comply with an appropriate Irish Standard or Irish Agrément Certificate or with an alternative national technical specification of any EEA country, which provides in use an equivalent level of safety and suitability.

The primary responsibility for compliance with the Building Regulations 1997-2022 rests with the designers, builders and owners of buildings.