Dáil Éireann Debate, Thursday - 8 March 2012
36 Deputy Joe Higgins asked the Minister for the Environment, Community and Local Government his plans to help the thousands of home owners whose houses are damaged due to non-compliance with building regulations during 15 years of self-regulation of the building industry. [13234/12]
Amharc ar fhreagra54 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government, further to Parliamentary Questions Nos. 166 to 168, inclusive, on 2 February 2012 and his response regarding measures advanced by his Department and local authorities with a view to improving compliance with and oversight of the requirements of the building regulations in the future, his plans to deal with the existing breaches of building regulations including fire safety regulations. [13107/12]
Amharc ar fhreagraI propose to take Questions Nos. 36 and 54 together.
The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on:
clear legal standards as set out in the Building Regulations;
detailed Technical Guidance Documents to outline how these standards can be achieved in practice;
the burden and responsibility for compliance resting first and foremost with developers/builders;
a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and
the responsibility for enforcing compliance with the building regulations resting with the 37 local building control authorities.
Where a contract exists between the owner of a building (including a local authority in the case of certain publicly owned buildings) and the relevant builder/developer enforcement may also be a civil matter.
Local authorities already have extensive powers under the Building Control Acts which they can use to enforce compliance with the Building Regulations. However, there is a time limit of five years after a building has been completed during which an enforcement notice may be served by a local building control authority. The case at Priory Hall demonstrates Dublin City Council's use of its powers to enforce compliance with fire regulations. Other local authorities have also used the courts to effect compliance with planning permissions, building regulations and fire regulations, all of which are critically relevant to the quality of the built environment. Results can also be achieved, and often are, through discussion and persuasion with the threat of legal action.
Clearly, however, there are steps that can and must be taken to improve compliance with, and oversight and enforcement of, the Building Regulations. That is why in July 2011 I announced a number of measures to be advanced by my Department and local authorities and which include:
(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) the lodgement of drawings at both commencement and completion of construction, demonstrating how the building has been designed and built to comply with all parts of the Building Regulations;
(c) more efficient pooling of building control staff and resources across the local authority sector to ensure more effective oversight of building activity;
(d) standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions;
(e) better support and further development of the building control function nationwide.
Mandatory certification, lodgement of drawings and improved inspection arrangements as outlined above are key reforms which, I believe, 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. Professionals who are engaged by developers will be required to ensure that construction at least meets the legal minimum standards and there is an urgent need for the construction professions to deliver high standards and professionalism in the construction field.
37 Deputy Derek Keating asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that there are different criteria and standards for fire certificates for new and existing buildings depending on the local authority in which the application is made and in some local authorities this is facilitating the use of revoked standards and guidelines; and if he is satisfied that this is the current situation and should new legislation be considered in view of this. [12923/12]
Amharc ar fhreagraPart B of the Building Regulations sets out the legal requirements in relation to fire safety in respect of new buildings and in respect of existing buildings undergoing works involving an extension, material alteration or material change of use. The Part B requirements represent a national statutory minimum standard of fire safety provision and there is no question of variance in the legal requirement as between local authorities.
A Fire Safety Certificate is currently required before relevant construction work commences on new or existing buildings and apartment blocks. The Fire Safety Certificate is issued by the relevant Building Control Authority and certifies that the works or building, if constructed in accordance with the plans and documentation submitted, will comply with the requirements of Part B. My Department has published technical guidance documents to assist those involved in the design and construction of buildings with regard to compliance with the Building Regulations. In the case of fire safety, where works are carried out in accordance with the national guidance provided in Technical Guidance Document (TGD) B — Fire Safety (2006), this will, prima facie, indicate compliance with the fire safety requirements of the Building Regulations.
Where the TGD B 2006 includes a reference to a technical specification the reference is to the latest edition current at the time of the publication of TGD B. However, if that version of the technical specification is subsequently revised or updated by the issuing body, the new version may be used as a source of guidance provided that it continues to address the relevant requirements of the Building Regulations. It is also open to designers to use alternative approaches, premised on the use of fire safety engineering principles, to meet fire safety requirements provided compliance with the requirements of the Building Regulations can be demonstrated.
The Building Regulations are subject to continuous review and improvement in the light of ongoing technical progress and developments within the construction industry. In this context, my Department has begun a review of TGD B. The review of Part B will be subject to a Regulatory Impact Assessment and will be informed by a full public consultation process before any final decisions in the matter are made.
