Parliamentary Question addressed to the Minister Environment, Community and Local Government

To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the serious concern being expressed by architects regarding the proposed amendments to the Building Controls Regulation which appear to require them to certify not just the design but the actual building work carried out for which they feel they simply cannot take responsibility unless they are full time on site; and if he will make a statement on the matter?

Reply

The proposed Building Control (Amendment) Regulations 2012 set out a number
of measures that are intended to strengthen our existing building control system. The draft regulations are currently open for public consultation and comments are invited from all interested parties. The closing date for submissions is Thursday 24 May 2012.

The regulations as proposed require, among other things, that the owner of a proposed building or works must assign a competent professional to inspect and certify the proposed building or works. The assigned person must be an Architect or a Building Surveyor named on a register maintained in line with Part 3 or Part 5 respectively of the Building Control Act 2007 or be a Chartered Engineer named on the register maintained under Section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.

It is envisaged that the assigned person will inspect and certify the building or works in line with a Code of Practice which is currently being prepared and which will be published, following consultation with industry stakeholders, in advance of the implementation of the proposed regulations.

It is worth noting that Architects and other construction professionals already, in certain circumstances, offer contracts for service to clients which go beyond design work and involve the oversight, inspection or certification of construction work. In this respect the proposed Regulations need not be considered in any way radical or exceptional.

Under the Building Control Acts 1990 €“ 2007, responsibility for compliance with the Building Regulations rests first and foremost with the owners of buildings and on builders / developers who carry out construction works to such buildings. The draft Regulations do not change this fundamental principle. Professionals who are engaged by builders have also a statutory duty to ensure that construction at least meets the legal minimum standards.

The proposed Building Control (Amendment) Regulations will now be reviewed by my Department in the light of the submissions received during the public consultation process with a view to having a final set of Regulations prepared and signed into law in the coming months.