The examination of the principle of caveat emptor in respect of property transactions is a complex legal matter with potential implications for the entire legal system, as well as for the insurance industry.
In this context, in February 2018, my Department wrote to the Law Reform Commission and also corresponded with those involved with the review of the administration of Civil Justice in Ireland, requesting that they consider the issue of effective and accessible legal remedies for homeowners who discover defects in their homes.
In general, building defects are matters for resolution between the contracting parties involved, i.e. 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 this regard, it is incumbent on the parties responsible for poor workmanship and/or the supply of defective materials to face up to their responsibilities and take appropriate action to provide remedies for the affected homeowners.
Under the Building Control Acts 1990 to 2014, primary responsibility for compliance of works with the requirements of the Building Regulations rests with the owners, designers and builders of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities, who have extensive powers of inspection and enforcement under the Acts and who are independent in the use of their statutory powers.
It should be noted that in response to the many building failures that emerged in the last decade, my Department has focussed on a building control reform agenda, including the following:
- the introduction of the Building Control (Amendment) Regulations 2014, which require greater accountability in relation to compliance with Building Regulations in the form of statutory certification;
- working closely with the Local Government Management Agency on the oversight and governance of the local authority Building Control System to improve its effectiveness; and
- progressing primary legislation, the Building Control (Construction Industry Register Ireland) Bill 2017, to develop and promote a culture of competence, good practice and compliance with the building regulations in the construction sector.
