Hogan moves to strengthen Building Control System
The Minister for the Environment, Community and Local Government, Mr. Phil Hogan, T.D., has released new proposals for public consultation which will significantly strengthen the building control system with a view to ensuring that failings in building quality which have been a regular occurrence for homeowners and tenants in recent years will become a thing of the past.
Minister Hogan said: “In July 2011, I announced a number of measures to be advanced by my Department and local authorities with a view to improving compliance with, and oversight of, the requirements of the Building Regulations. I am pleased that within a year of that commitment I am now in a position to bring forward strong regulatory reforms.”
The Building Control (Amendment) Regulations 2012 which are now available for public consultation here:
http://www.environ.ie/en/
will provide for –
(a) the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the Building Regulations have been met;
(b) the lodgement of drawings at both commencement and completion of construction, demonstrating how the building has been designed and built to comply with all parts of the Building Regulations.
Mandatory certification and submission of drawings are necessary reforms which have the potential to greatly enhance the quality of buildings. In practical terms the new regulatory requirements will mean that anyone commissioning relevant building works will be required to (a) submit drawings/documentation demonstrating how the works will comply with the Building Regulations at commencement and on completion of the works; and (b) assign a competent person to inspect the works during construction and to certify the building on completion.
The wording of the certificates is clear and unambiguous. The certifier will confirm that they have inspected the works in accordance with a code of practice to be published by the Minister and that the completed building is neither defective nor contravenes the requirements of the Building Regulations. The certifier will also be required to accept full legal liability for the certification provided.
The regulatory changes will be introduced in tandem with steps being taken by the Department of the Environment, Community and Local Government, in conjunction with the City and County Managers Association, to ensure more meaningful local authority oversight of building activity and improved functioning of building control authorities.
The Minister urged all stakeholders to take the opportunity to engage with the public consultation process over the next 6 weeks. “It is clear to me that there is a mood for change within the industry and a consensus that the status quo is no longer good enough. Members of the public and industry stakeholders alike should now take the opportunity open to them to have their say in relation to this vitally important matter.”
The above measures represent a credible set of proposals that will lead to an enhanced system of building control in the near future, a system that will serve the interests of the consumer, the Government, the industry and the built environment in a better manner into the future.