Dáil Éireann Debate, Tuesday - 16 April 2019
559. Deputy Catherine Martin asked the Minister for Housing, Planning and Local Government the status of progress to achieve the objectives set out in the motion on building standards, regulation and homeowner protection passed on 22 June 2017; and if he will make a statement on the matter. [17396/19]
Amharc ar fhreagraIn relation to building standards, regulation and homeowner protection, significant progress has been and continues to be made in the context of the many building defects that have emerged over the last decade in houses and apartments built during the 2000s.
However, it must be noted that 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.
In addition, local authorities also have extensive powers of inspection and enforcement under the Fire Services Acts 1981 and 2003, the Housing Acts and the Planning and Development Acts, which may be relevant where fire safety concerns arise in residential developments.
In general, building defects are matters for resolution between the contracting parties involved, the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme.
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.
Indeed, it is not possible for the State to take on responsibility/liability for all legacy issues of defective building materials or workmanship. Nor would it send the right message to the industry regarding their responsibility for compliance.
In response to building failures, the Government has embarked on a three pronged Building Control Reform Agenda to reduce the risk of similar problems occurring again. These are:
- Reform of the Building Control process;
- Establishment of a National Building Control Management Project; and
- Putting the Construction Industry Register Ireland on a statutory footing.
This focus on strong and effective regulation in the building control system and the construction industry and on improving compliance in the building regulations, reduces the risk and the incidences of defective buildings and has provided insurance underwriters with sufficient confidence to introduce new latent defect type products in Ireland, despite a general retrenchment and conservatism in the wider insurance industry.
These new products are first party insurance policies, which cover damage and non-damage (breaches of buildings) claims, to varying degrees. This means that the purchaser does not have to make a claim through the builder but can submit a claim directly to the insurer. This would be of particular benefit to a homeowner in circumstances where the builder or developer has ceased trading.
In the aftermath of the Grenfell Tower tragedy in June 2017, and in recognition of fears expressed for fire safety, my Department's National Directorate for Fire and Emergency Management was asked to convene a Task Force to lead a re-appraisal of our approach to fire safety in Ireland. In its report, the Task Force acknowledges the importance of fire safety in apartment buildings and makes a number of recommendations in this regard. However, a widespread assessment or inspection process was not recommended rather a focus on a review of fire detection and alarms systems and evacuation arrangements, prioritising life safety. I have tasked the Directorate's Management Board with implementation of the recommendations within its remit, and oversight of the implementation of other recommendations. The Task Force Report is available on my Department's website at the following link:
Table
Finally, the building regulations are reviewed on an ongoing basis on foot of relevant EU legislation, in light of technical innovation and in recognition of international best practice in the construction sector and updated accordingly. Work is ongoing on the review of Part B/TDG B Fire Safety. It has been decided in the interest of clarity to separate the guidance into two volumes. A new Part B/ TGD B Volume 2 was published in 2017 and came into force on 1 July 2017. This Volume 2 applies to dwelling houses only. Volume 1, dealing with buildings other than dwelling houses, is currently being prepared for public consultation. This guidance document will provide greater clarity on the conditions required to demonstrate compliance with building regulations taking into account the changes in standards since the last review.
