Dáil Éireann Debate, Thursday - 7 December 2017
36. Deputy Catherine Martin asked the Minister for Housing, Planning and Local Government if he plans to prepare and publish a plan or nationwide scheme to assist home owners in the carrying out of remedial works to defective housing units; and if he will make a statement on the matter. [52278/17]
Amharc ar fhreagraI acknowledge the anxiety and upset caused to owners and residents when building defect issues arise.
Under the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities, who have extensive powers of inspection and investigation under the Acts.
In general, building defects are matters for resolution between the contracting parties involved, that is, the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme. It is important to note that while my Department has overall responsibility for establishing and maintaining an effective regulatory framework for building standards and building control, it has no general statutory role in resolving defects in privately owned buildings, including dwellings, nor does it have a budget for such matters.
In response to the many building failures that have emerged over the past decade, my Department introduced the Building Control (Amendment) Regulations 2014, which require greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction by registered construction professionals and builders, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. A certificate of compliance is jointly signed by the builder and the assigned certifier on completion of a building. This must be accompanied by plans and documentation to show how the constructed building complies with the building regulations and also the inspection plan, as implemented.
In August 2017, I published a Framework for Enhancing Fire Safety in Dwellings where concerns arise. The Framework is intended to be used as a guide by the owners and occupants of dwellings where fire safety deficiencies have been identified, or are a cause for concern. In addition, the Framework will also be of assistance to professional advisors both in developing strategies to improve fire safety and in developing strategies to enable continued occupation in advance of undertaking the necessary works to ensure compliance with the relevant Building Regulations.
At the end of May 2017, the Government approved the draft heads of a Bill to place the Construction Industry Register Ireland (CIRI) on a statutory footing and this Bill has now been referred to the Joint Oireachtas Committee on Housing, Planning and Local Government for pre-legislative scrutiny.
Once enacted, the Bill will provide consumers who engage a registered builder with the assurance that they are dealing with a competent and compliant operator. This will complement the reforms, which have already been advanced through the Building Control Amendment Regulations, and will contribute to the development of a culture of competence and compliance in the construction sector.
