Dáil Éireann Debate, Tuesday - 11 July 2023
414. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage if he will consider creating a construction defects insurance fund operated by the State, funded by the construction sector; and if he will make a statement on the matter. [34184/23]
View answerIn recognition of the defects and issues that have arisen and to reduce the risk of such defects recurring, 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 have been implemented over the last decade. These include:
- Implementation of the Building Control (Amendment) Regulations 2014. These Regulations empower competence and professionalism in construction projects and establish a chain of responsibility that begins with the owner. With certain limited exceptions, the owner must assign competent persons to design, build, inspect and certify the building works who, in turn, must account for their role through the lodgement of compliance documentation, inspection plans and statutory certificates.
- 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.
- 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. The Act will put the Construction Industry Register Ireland on a statutory footing and aims to benefit consumers and the general public by giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. The Act also allows for complaints against registered builders to be made on a number of grounds – in particular an entity providing building services in a category in which they are not registered. It provides for a range of proportionate sanctions to be imposed after investigation. Complaints in relation to building regulations will continue to be dealt with under the Building Control Act. When the register operates on a statutory footing, it is expected that initially at least 5,000 entities will be required to register.
While the enforcement of building control and market surveillance of construction products has been strengthened significantly over the last decade, it is acknowledged that further strengthening is required. In that context, work is underway in my Department to establish a building standards regulator. The purpose of the Regulator will be to strengthen the oversight role of the State with the aim of further reducing the risk of building failures and enhancing public confidence in construction-related activity. My Department has commenced dialogue with the County and City Management Association with a view to determining the scope, functions, role and structure of the regulator. It is intend to bring proposals to Government later in 2023.
I have no plans to introduce a construction defects insurance fund. This would not come within the remit of my Department.
