I propose to take Questions Nos. 76 and 109 together.
My Department understands that the Mica Action Group recently met with a representative of the Pyrite Resolution Board in connection with the occurrence of structural problems in houses in north Donegal which appear to be related to the use of defective blocks in the construction of these houses. While testing appears to have been carried out on some of the affected dwellings, which has indicated that the problem may concern the presence of a contaminant known as Muscovite mica in the concrete blocks, my Department understands that no firm evidence is available to confirm the precise nature and scale of the problem.
The Building Regulations 1997 set out the legal requirements for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings and are divided in 12 parts (classified as Parts A to M). Technical Guidance Documents are published to accompany each of the parts and provide guidance indicating how the requirements of that part can be achieved in practice. Where works are carried out in accordance with the relevant technical guidance such works are considered to be, prima facie, in compliance with the relevant regulation(s).
Part A of the Second Schedule to the Building Regulations
sets out the legal requirements in relation to structure. The accompanying TGD A provides guidance on how compliance can be achieved and, in the context of block work in houses, reference is given to the appropriate masonry design and construction standards. The materials to be used, e.g. concrete blocks, wall ties etc. are required to meet the specified minimum designations, strengths and other qualities, as set out in TGD A and the referenced standards.
Part D sets out the legal requirements for materials and workmanship. It requires that all works must be carried out using “proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used” and in a workmanlike manner to ensure compliance with the Building Regulations.
Primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. In addition, suppliers of building materials, including quarries, have an obligation to ensure that the materials they supply are fit for purpose.
While I fully appreciate and acknowledge the extremely difficult and distressing situations that householders have to deal with when faced with the consequences of the use of defective materials or poor workmanship, building defects are, in general, matters for resolution between the contracting parties involved, i.e. the homeowner, the builder, the manufacturer, supplier, quarry owner and/or their respective insurers. In the event that the contracting parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered. I believe that the parties concerned should face up to their responsibilities and take appropriate actions to provide remedies for the affected homeowners.
