Dáil Éireann Debate, Tuesday - 21 February 2023
325. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage if he will put in place a regulation which will require local authorities to take action within three years from the date that a commencement notice is submitted to them in respect of the completion of housing estates, in particular where a substantial portion of the houses have been completed; and if he will make a statement on the matter. [8771/23]
Amharc ar fhreagraThe design and construction of buildings is regulated under the Building Control Acts 1990 to 2020. The Act provides for the making of Building Regulations and Building Control Regulations.
The Building Regulations set out the minimum legal performance requirements for the construction of new buildings and certain works to existing buildings. The purpose of the Building Regulations is primarily to protect the health, safety and welfare of people in and around buildings. The Building Control Regulations set out the system of administrative controls to support compliance with the Building Regulations.
The Building Control (Amendment) Regulations 2014 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.
In this context, a Commencement Notice is a notification to a Building Control Authority that a person intends to carry out works or to make a material change of use to a building to which the Building Regulations apply. The notice must be given to the authority not more than 28 days and not less than 14 days before the commencement of works or the change of use. Once validated by the building control authority, works must commence on site between day 14 and day 28. The legislation does not set down any timeframe within which such building work is to be completed and I have no plans to change this.
Notices and documents lodged at commencement inform the Building Control Authority’s decisions in relation to inspections. Under the Building Control Acts, 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 are independent in the exercise of this function.
