The Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Under the European Union (Construction Products) Regulations 2013 each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas.
In 2020, in order to strengthen the market surveillance function, I appointed Dublin City Council as a competent authority, under the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020, for the carrying out of market surveillance functions under the European Union (Construction Products) Regulations 2013 for all related construction products on a nationwide basis.
As part of the Building Control Reform Agenda the National Building Control Management Project (NBCMP) was created to provide oversight, support and direction for the development, standardisation and implementation of Building Control as an effective shared service in the 31 Building Control Authorities. The NBCMP is managed by the National Building Control Office (NBCO) within Dublin City Council (DCC) through the five pillars of:
1. Training: This includes the coordination, development and management of a training programme to support building control staff in the discharge of their duties.
2. Inspections: This includes the development and implementation of a robust and consistent inspection regime in the 31 Building Control Authorities to facilitate meaningful risk-based targeted inspections of building works.
3. Compliance Support: This includes the provision of oversight and support across the full suite of Building Control Legislation to ensure transparent, professional enforcement of the relevant legislation in accordance with proper public administration.
4. Information System - Building Control Management System (IS-BCMS): This includes the development and management of the nformation technology-based system hosted by the Local Government Management Agency which facilitates the electronic administration of building control matters by building control authorities as the preferred means of building control administration.
5. Market Surveillance: Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit was established in 2020 (following DCCs appointment as a competent authority). This service delivered by DCC-NBCO is complementary to the existing role of the 31 Building Control Authorities as Market Surveillance Authorities. Building control authorities liaise with the DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.
The National Building Control Advisory Committee oversees the NBCMP. My Department meets regularly with the NBCO and is represented on all of the associated committees and working groups.
In 2016, to support and empower Building Control Authorities (BCAs) in carrying out their duties across a range of legislation including building control, construction product and market surveillance legislation in a standardised and consistent way, a guidance document was produced, ‘Framework for Building Control Authorities’.
In 2020, my Department provided a budget allocation of €500,000 to support the development of this Market Surveillance Unit. €147,000 of the budget was expended as the project was at the early development set up phase. In 2021, my Department has provided a budget allocation of €564,000 to continue to support the development, and resourcing of the Market Surveillance Unit.
Pursuant to Article 18(5) of Regulation (EC) 765/2008, Ireland’s National market surveillance programme 2021 is published on the website of the European Commission. Section 2.5 provides specific details with the market surveillance of construction products and outlines a market surveillance campaign led by DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR.
In 2019, my Department issued ‘Guidelines for local authorities in the preparation of their Corporate Plans 2019-2024’. The corporate plan serves as the local authority’s strategic framework for action over the duration of the plan. These guidelines emphasise the importance of the Building Control function to ensure safe and sustainable buildings in urban and rural areas and highlights the key responsibilities for Building Control, including monitoring compliance with Building Regulations, Building Control Regulations, Construction Products Regulation and Energy Performance of Buildings Directive.
Building control authorities are independent in the exercise of their statutory powers. Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.
