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Building Regulations

Dáil Éireann Debate, Thursday - 8 March 2012

Thursday, 8 March 2012

Ceisteanna (33, 34, 35, 36)

Mary Lou McDonald

Ceist:

31 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if inspectors from his Department inspected the Priory Hall complex, Dublin, in 2006 and reported concerns about serious fire safety and building control issues; if he will set out the action, if any, taken at the time; and the reason, if his Department was aware of these concerns, persons were allowed to move into and remain in the apartments until November 2011. [13085/12]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

53 Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will report on when all outstanding rehousing, financial and legal issues for Priory Hall residents in the north fringe, Dublin 13, will be resolved; and if he will make a statement on the matter. [12930/12]

Amharc ar fhreagra

Dessie Ellis

Ceist:

124 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if inspectors from his Department inspected the Priory Hall complex in 2006 and reported concerns regarding serious fire safety and building control issues; if he will set out the action, if any, that was taken at the time, and the reason, if the Department knew of these concerns, persons were allowed to move into and remain in the apartments until November 2011. [13449/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 31, 53 and 124 together.

I refer to the reply to Question No 162 of 1 March 2012 which sets out the position in relation to the inspections undertaken by the Housing Inspectorate of my Department following an application by the developer of the Priory Hall complex for Floor Area Compliance Certificates (FACCs) as introduced by section 72 of the 2004 Finance Act.

In late 2008, following a complaint to Dublin Fire Brigade, Dublin City Council became concerned about fire safety issues more generally at Priory Hall and came to regard the buildings as potentially dangerous. Several attempts to have the developer address fire safety concerns were unsuccessful and on 3 December 2009 Dublin City Council delivered a letter by hand to each occupied apartment advising them that Fire Safety Notices had been served on the developer which prohibited the use of the buildings until such time as works specified in the Fire Safety Notices had been completed. Dublin City Council made arrangements at that time to relocate the occupants of 30 units comprised of 16 social housing units, seven units occupied under the rental accommodation scheme and seven units of accommodation managed by St. Michael's House.

The Housing Department of Dublin City Council subsequently engaged consultant engineers to carry out a detailed investigation of the buildings which identified further and more serious concerns than had been uncovered by any previous inspection. Since that time the local authority has used the statutory powers available to it to pursue compliance with planning permission conditions and with fire safety and building standards requirements, all of which are at issue in relation to Priory Hall. Failure by the developer to honour court undertakings to remedy fire safety defects led to the latest High Court proceedings.

The legal proceedings in relation to Priory Hall are continuing and it would be inappropriate to anticipate their conclusion. The overriding priority is to ensure the optimum outcome for the households concerned and to facilitate as early as possible a return to their homes. In this respect it will be necessary to ensure that these homes are made fit for purpose and that the costs of so doing fall where they should. I have asked Dublin City Council to do all within its powers to achieve this objective and have asked my Department to continue to liaise closely with Dublin City Council in this regard.

Pearse Doherty

Ceist:

32 Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he will review building regulations to ensure all future builds are accessible to persons with mobility issues. [13091/12]

Amharc ar fhreagra

The Building Regulations (Part M Amendment) Regulations 2010 and the accompanying Technical Guidance Document M — Access and Use make provision for the access and use of buildings by people with, inter alia, mobility issues. The revised regulations, which came into effect on 1 January 2012, followed a comprehensive review of Part M requirements by my Department working in conjunction with the Building Regulations Advisory Body (BRAB). In the case of new dwellings (which, since 2001, must be visitable by people with disabilities) there are new requirements in respect of approaches to a dwelling and the widths of internal doors.

In the case of buildings other than dwellings, in broad terms, the latest regulations require that all new buildings should be designed and constructed so that people with a range of disabilities can safely and independently approach and gain access to a building, circulate within it and use the relevant facilities within it. The regulations also apply to the approach and access to, and sanitary facilities in, existing buildings when extended or subject to a material alteration or a material change of use.

Building Regulations are subject to ongoing review by my Department working in conjunction with the Building Regulations Advisory Body. All proposed changes to the Building Regulations are subject to a comprehensive Regulatory Impact Assessment and a detailed public consultation process prior to their being signed into law.

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