Dáil Éireann Debate, Tuesday - 16 May 2023
393. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if he will clarify the position on defective building materials; the agency responsible for oversight in this area; if he will further clarify the protections that are available to new homeowners in terms of current house building; and if he will make a statement on the matter. [22424/23]
View answerThe Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.
The National Standards Authority of Ireland (NSAI) is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment. NSAI has produced additional guidance to some harmonised standards, under the CPR, in the form of Standard Recommendations which set out appropriate minimum performance levels for specific intended uses of certain construction products in Ireland.
Ultimately, the manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product it is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI.
While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Regulation (EU) 2019/1020 on market surveillance and compliance of products.
Under the European Union (Construction Products) Regulations 2013, as amended, 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 addition, in order to strengthen market surveillance, I appointed Dublin City Council as a competent authority for the purposes of carrying out the functions of a market surveillance authority for all related construction products on a nationwide basis under the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020. The National Building Control and Market Surveillance Office (NBCMSO) has been established for this purpose.
The overarching purpose of the NBCMSO is to lead and co-ordinate the national delivery of market surveillance of construction products by training and supporting the local authority market surveillance authorities who liaise with the NBCMSO to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.
The Building Regulations apply to the design and construction of a new building (including a dwelling) and certain works to an existing building. The minimum performance requirements that a building must achieve are set out in the Second Schedule to the Building Regulations. These requirements are set out in 12 parts (classified as Parts A to M). Technical Guidance Documents (TGDs) are published to accompany each part indicating how the requirements of that part can be achieved in practice. These Technical Guidance Documents can be accessed on my Department’s website at the following link: www.gov.ie/en/collection/d9729-technical-guidance-documents/
The primary responsibility for compliance with the Building Regulations rests with the designers, builders and owners of buildings. Enforcement of the building control system is a matter for the 31 local building control authorities, who are independent in the exercise of their statutory powers.
There is an overarching requirement under Part D (Material and Workmanship) of the Building Regulations which requires that all works should be carried out:
• Using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.
• With a proper standard of workmanship and the appropriate use of any material to achieve compliance with the requirements of the Regulations.
• By competent persons with sufficient training, experience and knowledge appropriate to the nature of the work he or she is required to perform and having particular regard to the size and complexity of such works so as to ensure a proper standard of workmanship.
I continue to deliver on a range of building control reforms which focus on ensuring strong and effective regulation in the building control system and of the construction industry and on improving compliance with Building Regulations. These include:
a. implementation of the Building Control (Amendment) Regulations 2014.
b. the creation of the National Building Control Management Project and the establishment of the National Building Control & Market Surveillance Office 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.
c. The enactment in July 2022 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022. This Act develops and promotes a culture of competence, good practice and compliance with the Building Regulations in the construction sector. In January this year the Construction Industry Federation (CIF) was appointed as the statutory registration body for the Construction Industry Register Ireland.
In addition, work has commenced on considering the policy options around the establishment of an independent Building Standards Regulator. My objective is to ensure that an independent Building Standards Regulator has sufficient breadth of scope, effective powers of inspection and enforcement and an appropriate suite of sanctions.
