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Dublin: 16 °C Tuesday 21 May, 2013

Minister proposes to strengthen building control system

Phil Hogan has released new proposals to strengthen building controls – saying the failings in building quality “which have been a regular occurrence for homeowners and tenants in recent years” should not be repeated.

Image: Laura Hutton/Photocall Ireland

THE MINISTER FOR the Environment Phil Hogan has released new proposals to strengthen building controls that he says will ensure the failings in building quality “which have been a regular occurrence for homeowners and tenants in recent years” will not be repeated.

The proposals, Building Control (Amendment) Regulations 2012, would see the introduction of mandatory certification and submission of drawings.  Anyone commissioning relevant building works would be required to:

  • Submit drawings or documentation demonstrating how the works will comply with the Building Regulations at commencement and on completion of the works
  • Assign a competent person to inspect the works during construction and to certify the building on completion

Hogan said  the wording of the certificates will be “clear and unambiguous”: the certifier will have to confirm works have been inspected in accordance with a code of practice 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 they provide.

The Minister said the regulatory changes were being introduced at the same time that his Department, in conjunction with the City and County Managers Association, was taking steps to ensure “more meaningful local authority oversight of building activity and improved functioning of building control authorities”.

He urged all stakeholders to engage with the public consultation process taking part over the coming six weeks, stating:

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.

Read: Priory Hall residents unanimously agree to resolution process

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Comments (57 Comments)

  • There are perfectly good regulations already, but as usual in Ireland there is no enforcement.

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  • Same old nonsense. The inspector legally liable! And when the inspector gets in trouble they declare themselves bankrupt and déjà vu. The councils should inspect the buildings after approving plans just like they do in uk. You cannot circumvent the process ad there are 6 checks (from memory) and they can halt the build at any time and nullify the building permission. Job done.

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    • Spot on bunny. This is the governments attempt to remove their responsibility. When we have had such massive fallout from the failure of current regulations which resulted in the pyrite epidemic and priory hall debacle there is no way that a ‘The certifier will be able to accept full legal liability for the certification they provide nor would they be able to front the money necessary for remediation. This is exactly the problem so many homeowners face. The homeowners need to be removed from the chain altogether. Regulations should be enforced by those that implement them otherwise there is no point in having regulations.if the building is substandard it is the responsibility of the governments to enforce regulations.

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    • Absolutely right @Bunny. The building control authorities need to take on the role of certification and ensure that all those involved in the building process are complying with their responsibilities. The handover and occupation if the building would then be dependent on this certification. This was recommended to the then Minister in the early 90s when the Building Control regs first came into force but successive govts have ignored this advice because of the cost and potential liability. It’s time the dept stood up to it’s responsibility.

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    • @Bunny…I like the sound of that

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  • FFS sort out the Priory Hall mess (and those likely to follow) first. It’s not like there’s going to be a building boom anytime soon.

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  • n365 27/04/12 #

    Great stuff mate. Jeez what would we do without people of your calibre.

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    • Standards is a term you people never understood.
      The celtic tiger years saw buildings constructed in a slap dash manner for a quick buck.
      Constructed in a minimum amount of time at minimum expense and minimum quality.
      You are too late Phil Hogan.
      Your sincerity is as transparent as a window.
      Once bitten, twice shy.

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    • @n365

      It’s amazing to see the ‘bull’ peaking his big head up on this subject at this late stage! Where has he been for the past number of months when the residents were trying to meet with him? Is it because he thinks in pretending he’s doing something about it, that he might have a few ‘yes’ votes in Priory Hall?!

      The regulations for building work were in place already! Places like Priory Hall etc. happened because certain people, council, builder, architects etc. chose to ignore the law. So you’re not telling us anything new really ‘bull’.

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    • In fairness to hogan he wasn’t in power during boom.

      At least upping the standards now should prevent a reoccurrence…

      What do you want him to do, leave things as they are?

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    • John 27/04/12 #

      Ah sure…the more Hogan is in the news, the less focus there is on what else the Government is doing?!

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    • @Gavin Tobin no he was not in POWER and he is only in power for over a year now so whet the hell has he been for the people of PTIORY HALL since they were ORDERED TO EVACUATE their homes which have been deemed to be unsafe You have refused along with Your leader Enda Kenny and all your Cabinet NO EXCUSES will ever excuse your ignorance towards These people who have Lived through pure hell which YOU MR HOGAN could and Should have come to the PRIORY HALL RESIDENTS ASSISTANCE IMMEDIATELY the Hood Honourable Judge gave the instruction to get out of their homes due to bad building safety issues So all I have to now is Your in-actions WILL BE REMEMBERED and I will never wish you bad luck but I WILL NEVER WISH YOU GOID LUCK Mr Hogan

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    • Niamh I am not saying it is right what has happened but it was a private development bought by private money so that’s why its a civil matter. The system is wrong in respect of lack of enforcement

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    • Hi Eugene, it seems to me that although these properties have been sold the problems are a result of failed regulations, failed enforcement and self certification therefore this is back firmly at the governments door. With pyrite the problem only becomes evident after three to four years (time can vary as dependent on other factors), the regulations failed to ensure that the infill coming from the quarries was suitable for purpose and there is no way for the purchaser to know that there is a potential problem. The purchaser is sold the house with the Homebond guarantee as extra security but when the problem became evident there has been controversy about the way Homebond have dealt with the situation. As it stands the homeowner (who is also a taxpayer) has no protection in law when these situations arise, we need to be more focused on enforcement through inspections and to tighten up protection for the purchaser, this is the single biggest purchase you will make in your lifetime and yet there is more protection if you bought a bag of crisps.

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  • He looks so clueless in that photo, go back to bed minister.

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  • MVM 27/04/12 #

    where were the 100k health and safety staff who were ment to be checking this

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    • Where were the e100k plus blocklayers puting up the houses. Everyone was asleep at the wheel and no one cared as long as the money rolled in. Now everyone cares all of a sudden.

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    • Peter 66 28/04/12 #

      @Eugene re €100k blocklayers

      Pyrite was present in the hardcore used under the concrete slab, to accuse a BL of having a little sleep at the wheel when he was building the house is an illinformed comment & would be like accusing a dentist of not knowing his patient had cancer as he fitted a crown.
      Regarding priory hall the main problems are fire hazards & your comment again illustrates your lack of understanding, a BL builds a shell then leaves, a whole host of trades & fireproofers build & install within this shell.

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  • Hmmmm, at last Hogan offering to do something worthwhile and meaningful? but hang on a minute, the ministers new found sincerity towards the residents of priory hall is a bit much to take, i recall just recently both his and our bright taoiseach refusing to meet said residents. Hogan, your a chancer, plain and simple. I wondered were the priory hall residents hit with the Property tax? at least they won’t have to worry about water charges as they have no water, hang on! they don’t have homes either for that matter.

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  • I bought a car last week from a dealer nothing too fancy just a normal car like everybody else. Two days later the car broke down………..what do you think happened? The dealer gave me another while he repaired mine, wasn’t that something who would of thought!
    Give me a break hogan your a joke and you think the rest of us are idiots! Crawl back into your hole or up the imf’s one!

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  • Phil Hogan is Captain Hindsight.

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  • Sort out the mess that is priory hall first and give those people closure. There’s not exactly going to much building going on with the amount of empty buildings just sitting there, so that idea is moot right now. He’s such a knob.

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  • I wrote a paper on this for my masters. Of all he suggestions this is one that should be taken seriously. What do any of us know about building a house! We need a recognised authority to confirm that what we think we are buying is what it says on the tin!

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  • Dear Phil, Put the priory hall residents into vacant NAMA properties and end their nightmare, let SOME good for ordinary people come from the developer bailout, then we might pat you on the back.

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  • When this guy speaks I switch off. The schoolyard bully gets a job as TD. Still thinks he back in the yard.

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  • f o a d phil

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  • So Phil in all your years sitting in the opposition benches did you raise this question once?

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  • Kenny to Hogan. For feck’s sake the horse has bolted. Hogan’s reply, don’t worry boss, I’ll close the door.

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  • AJMAC36 28/04/12 #

    Can’t blame the workers who built these buildings. It’s the higher management and more importantly the inspectors need to be held responsible. Things need to be changed for the better. Far to long the big guys got away with substandard buildings . So let’s move forward but next time it happens , jail the developer who is after all the on making all the money from ripping people off.

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  • jimbo 27/04/12 #

    Hogan you could not help the priory hall guys, now you spout this crap out.. wake up would ya,we are all onto you.

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  • Hogan! Get back under that rock you crawled from! No matter what you do, the Irish people have your number! You’ll never again have any credibility in this country!

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  • its too late now for controls in building industry hogan u clown.do us all a favour & resign.is it true that urself & enda kenny have become more than just good friends? urself & all ur corrupt buddies in that stupid Dail should be loaded into a helicopter & dropped into the middle of the irish sea.

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  • I will be having my say alright.

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  • The useless tit is about 30years late with this one, those building controls were needed years ago when developers started building their cheap as chipboard section 28 apartments along the quays in Dublin.

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  • A Little to late Minister, and what building?

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  • Agh …..You are full of sh!t ! Sure this is what should have been happening all along Minister.You have it within your power to bring this law in retrospectively ….. Because this is what we all expected !

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    • Bring in this law retrospectively?

      LOL!

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    • Susie, if you ever run for election, I definitely would not vote for you seeing as you think a Minister has, or ought to have the power to bring in retrospective legislation and punishments.

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    • Nucky
      I am glad you copped my humor . ! Lol
      Ignoreland
      I was being sarcastic . These boyos think that we are so easily fooled , but we are not I am glad to say … Thing is tho seriously is the way he has tightened the laws so that ”The certifier will also be required to accept full legal liability for the certification they provide” but the governmen BOND is not worth the paper it is written on . . . I am glad to say also that I will never run for public office ….. No way . I like to sit back and watch !

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    • Government bond?

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    • Building Bond ? …. new houses were meant to have it … bonded ?

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    • Jesus wept Susie, you really don’t have a clue do you.

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    • @ Susie. It wad homebond and as far as I am aware is a private company. There was also Premier Guarantee or the old fashioned and probably best architects professional indemnity insurance.

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    • You are absolutely right susie. Unfortunately the ‘garauntee’ has better uses.

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    • Thanks Eugene .
      It is a while since I bought a house , but they are the ones , Eugene .
      They were meant to protect the purchaser in the event that the building did not reach the standard it was built for . So if they were meant to have these types of assurances then why oh why is hogan putting them into law now ,
      .Because if I remember in the 1970’s the home bond was introduced to ease purchasers minds as to the safety of the house they were buying ….. And it just seems to me a bit of deja vu …..
      The homebond was for the builders and the Premier was for the architects as you said .

      Nucky@
      But then again what do I know ? Only this has all happened before ! Except this is of course on a much larger scale of things because people got lax and greedy .. and the innocent purchaser whose only ”sin” was they wanted to buy and own their own home and were taken advantage of !

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    • Thanks Niamh , :)
      I am not always right ! But am seldom wrong :)
      Niamh , of course you are at the mercy of bad builders / construction material , and Home bond is about as usefull as tissue …

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    • Susie. It is a positive thing that is happening as its a change. Homebond etc are insurance policies and people think they are all singing all dancing but like all insurance policies there is opt out clauses as why should an insurance company payout for bad building as its for subsidence etc mainly. Old case of jumping in and not reading fine print

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    • Eugene my mortgage would not have been approved without homebond garauntee…I had no choice, no opt out clause…and when we needed them they ran because they had underestimated the scale of the problem and had insufficient funds to deal with it. the problem is the system that was allowed to thrive of self certification and lack of inspections and or enforcement. The govt set the regulations, if the regulations are not enforced then there are no regulations.

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    • Eugene
      That is it exactly …Subsidence ! home bond covered susidenece ! They weren’t as you say all singing all dancing insurances…
      So….and I can not believe I am about to say this , but Hogan may actually be doing something right for a change by making professional people and builders legally liable for shoddy workmanship and poor construction materials…but for all the good, this change may do in the future of construction in Ireland where does it leave people with a pyrite problem and of course Priory Hall residents ?

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    • @ Niamh. You are right in relation to a mortgage. Self Certification is a joke but its good if we change the regulations.@Susie. No idea on Pyrite or Priory Hall. Both are a disgrace but both are also a private matter and subject to the courts. The state wont get involved as it will cost the tax payer a fortune and no Government TD or Minister wants to go near either in case it prejudices legal proceedings. It really is a case damned if do and damned if don’t. Personally I would be chasing down who signed the documents saying the materials were tested and also that Priory Hall was built within building regulations.

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    • Eugene in relation to priory hall and pyrite, can you explain how these are a civil matter and why the policing of the regulations are the responsibility of the purchasers? Wot do homeowners know about building regulations? As I have said further down, the homeowners need to be removed from this chain altogether. As it stands the buck has been passed by all involved…homebond, the govt, builder, developers, quarries, banks and insurance companies right back to the homeowners when it is clear that it is a failure of regulations and a failure to enforce the regulations that have got us here. What happens (using pyrite) as an example where homebond have denied liability (despite the fact they are sold as a STRUCTURAL garauntee), the quarry involved has ceased trading as a quarry and the builder has gone bust, where does the homeowner go? Why should the homeowner be shouldered with taking extra expense, stress and worry of taking court action? The individual homeowner cannot take action against global multi national insurance companies the likes of zurich and allianz who have massive legal teams and know every trick in the book, the individual homeowner would not stand a chance. Pyrite would not be obvious at time of purchase so whoever signed off would be perfectly justified, and anyway indemnity insurance would not cover the magnitude of the claim. The way this is worded, the government are trying to completely seperate themselves from enforcement of regulations which in my eyes is leaving the purchasers again to carry the can. if the person (in this case a chartered surveyor or an arch tect) who signs off subsequently is discovered to have breached regulations and the claim is made by 500 houses the insurance is not going to be sufficient to cover remediation, so this is the exact same situation as it stands now, the homeowners is in legal limbo. The government sets the regulations, they should enforce the regulations otherwise there are no regulations.

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    • Eugene I understand what you are saying but as Niamh said why should it be a private matter when regulations were flouted and ignored . The government should be making their feelings known and deal with it .

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  • I saw one or two posts defending that horrific brute! He is a part of the worst government we would have been better off with FF I think we are passing the point of no return and it might be 40 years before the country recovers. I hope they leave government tomorrow

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  • This should have been done years ago and needs now to be retrospective! It should also be linked to insurance so that unless the building passes you cannot get buildings insurance! My only fear is that like most things in public service it will be prone to corruption!!!

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  • The level of comments on this story are pathetic.

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  • So has Hogan just remembered he has a job to do or what??

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