I propose to take Questions Nos. 259, 260, 267 and 270 together.
Dublin City Council is the prescribed authority in relation to the investigation of building control compliance issues at Priory Hall, and will act where necessary and appropriate in line with the standard arrangements in place for the discharge of their statutory functions. There are no proposals under consideration for an independent investigation along the lines suggested to be undertaken.
It is important to note, however, that a robust system of building control does exist and this is demonstrated by the Priory Hall situation where the local authority is successfully using its powers to make the appropriate party responsible.
Enforcement of the building regulations is the responsibility of the 37 local building control authorities. The authorities are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary.
The agreed national inspection target is that each building control authority should inspect a minimum of at least 12% to 15% of buildings covered by valid Commencement Notices served on the authority. My Department understands from statistical returns from building control authorities, that an inspection rate of 23% was achieved across the local authority sector during 2010.
Failure to comply with the requirements of the Building Regulations where a successful prosecution takes place may result, on summary prosecution, in a maximum fine of €5,000 or imprisonment for a period of up to six months or both. A further fine of €500 in respect of each day on which the offence is committed after summary conviction can also be applied. A successful conviction on indictment may result in a maximum fine of €50,000 or imprisonment for a period of up to two years or both.
I attach high priority to consumer protection in the area of quality construction of new dwellings. That is why, in July 2011, I announced a number of measures to be advanced by my Department and local authorities with a view to improving compliance with, and oversight of, the requirements of the Building Regulations.
In broad terms the measures will involve:-
(a) the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the Building Regulations have been met;
(b) more efficient pooling of building control staff and resources across the local authority sector to ensure more effective and meaningful oversight of building activity;
(c) standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions;
(d) better support and further development of the building control function nationwide.
I believe that mandatory certification and improved inspection arrangements are key reforms which will have the capacity to improve the quality of buildings and will lead to further strengthening of the regulatory regime as early as possible in 2012.