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SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 12, 2012

MOTION NO. 8

MOTION: Councillor A.M. Dermody

That this Council provide with the aid of a report a discussion on the law which allows architects and engineers acting on behalf of developers to certify works completed under the conditions of planning permissions and that instead that all such inspections and certification with regard to both planning conditions and regulations ought to fall under the auspices of the Local Authority’s Planning Department which issued that planning.   Assuming the support of Members that the Manager on behalf of this Council write to the Minister for the Environment seeking that he bring the necessary legislation allowing this change and thereby avoiding any future catastrophes similar to those experienced by the Residents of Priory Hall and Belmayne.

REPORT:

This matter is legislated for under the Building Control Act 1990. This Act was enacted partially to remove local authority building control staff from having a compulsory role in building approval during construction. It introduced the concept of self certification by Developers.  In particular Section 6(2)(b) gives the Minister powers to make regulations regarding the form and content of certificates of compliance. Such regulatory forms are not in place and the industry devised a form of compliance which is very limited in its scope. As noted in the Motion this limitation has been highlighted in some developments in recent times.

Currently the local authority carries out a sample inspection role in the construction process amounting to approximately 15% of development. The re-introduction of the pre 1990 regime would require very significant investment in, and availability of, resources and experience for the Local Authority sector. Alternatively, the members may wish to consider requesting the Minister to consider regulation(s) in accordance with Section 6(2)(b) in this regard.