Phil Hogan
Ceist:585 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government his plans for better enforcement of building regulations; and if he will make a statement on the matter. [5301/10]
Amharc ar fhreagraTuesday, 2 February 2010
Ceisteanna (500)
Freagraí scríofa
The Building Control Act 1990 assigns primary responsibility for complying with the Building Regulations to the owners and builders of buildings. Responsibility for enforcement of the Regulations is vested in the 37 local Building Control Authorities, who are empowered to carry out inspections of buildings, issue enforcement notices for non-compliance with the Regulations and initiate Court proceedings, where appropriate.
The Building Control Act 2007 contains provisions, inter alia, to strengthen the enforcement powers of local Building Control Authorities, which are operative since 1 March 2008. Building Control authorities were given the option to bring summary prosecutions for all building code offences in the District Court, rather than by way of prosecution on indictment by the Director of Public Prosecutions in the Circuit Court. Authorities also have wider powers to make application to the High Court or the Circuit Court to secure Orders where buildings do not comply with the requirements of the Building Regulations. The maximum penalties for breaches of the Regulations have been substantially increased under the Act, from £800 (punts) to €5,000 on summary conviction; from £150 (punts) to €500 in respect of each day on which the offence is committed after summary conviction; and from £10,000 (punts) to €50,000 on conviction on indictment.
Moreover, Building Control Authorities are able to recoup costs incurred in taking enforcement action and to obtain the benefit of fines resulting from summary prosecutions brought by them.
The operation of the Building Control Acts is kept under ongoing review by my Department. I have no plans for further amendments to the Acts at present.