Dáil Éireann Debate, Thursday - 6 May 2010
127 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which the Building Control Act is effective to deal with the issues for which it was introduced; and if he will make a statement on the matter. [18619/10]
Amharc ar fhreagraMy Department understands that the issue to which the Question refers concerns the use of sub-standard materials in buildings. The national Building Regulations, which are operative since 1992, set out the legal requirements for the construction of new buildings and the extension of, material alteration to, and certain changes of, use of existing buildings. The comprehensive set of related Technical Guidance Documents provide detailed information on how to comply with the Regulations.
Part D of the Building Regulations deals with Materials and Workmanship. It stipulates that all works are to be carried out with proper materials and in a workmanlike manner. It defines proper materials as those materials which are fit for the use for which they are intended and for the conditions in which they are to be used. This includes materials which:
bear a CE Marking in accordance with the EU Construction Products Directive; or
comply with an appropriate harmonised standard, a European Technical approval or a national technical specification; or
comply with an appropriate Irish Standard or Irish Agrément Board Certificate or with an alternative national technical specification of another State which provides an equivalent level of safety and suitability.
A particular issue of concern in this regard is the use of pyrite in house construction and the position on this has been set out in replies to previous Questions and most recently in reply to Question No. 31 of 25 February 2010. The issue of pyrite was brought to the attention of my Department in mid 2007. Having consulted the statutory Building Regulations Advisory Body, my Department issued a circular letter (Ref. BC 6/2007) to each county manager and local building control authority on 16 August 2007 to bring this matter to their notice and to request co-operation in the enforcement of the relevant requirements set out in the circular. The circular also brought to their attention a notice issued by Fingal County Council on 26 July 2007 on this matter.
Following an intervention from my Department, the National Standards Authority of Ireland (NSAI) published a new amended Standard Recommendation on the use of aggregates as infill for civil engineering and road construction work. The new Standard Recommendation came into effect on 7 December 2007 and it is intended to address the quality standards of new homes and buildings insofar as problems relating to pyrite are concerned. My Department incorporated this NSAI Standard Recommendation into the relevant Technical Guidance Document (TGD-C) of the Building Regulations. A copy of the relevant amendment to TGD-C is available on my Department's website at www.environ.ie. My Department has also notified Local Authorities, the Construction Industry Federation, the Irish Home Builders' Association and other key stakeholders of the provisions of the amended TGD-C. In addition, I am aware that HomeBond has included the amended NSAI Standard Recommendation in their published 6th edition of the House Building Manual. I am satisfied that the measures outlined represent an appropriate response by my Department to this issue.
Responsibility for compliance with the Building Regulations is a matter for the owner or builder of a building. Enforcement of the Building Regulations is the responsibility of individual Building Control Authorities which are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. The resolution of problems arising between building owners and builders is a matter for the parties concerned, namely the building owner, the relevant developer and the builder's insurers. Where the construction of a building is the subject of a contract between the client and the builder enforcement is a civil matter.
Compliance with the building regulations is kept under constant review by my Department. I understand that the Building Regulations Advisory Body, which was established under the 1990 Building Control Act to advise me on matters relating to building regulations, has completed a report on enforcement of the regulations and that this report is to be submitted to me shortly. I expect this to be an important input to my Department's ongoing consideration of the building regulations regime.
