COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 14, 2014

MOTION NO. 7

MOTION: Councillor E. Ó Broin

This Council calls for the drafting of a formal policy to deal with the remedying of fire safety issues in instances where properties that were built and/or sold by the Council have been found not to be in compliance with fire safety regulation. This policy should put the safety of residents first and aim to have as its core objective the speedy remedy of the fire safety issues concerned. The policy should also ensure that where non compliance with fire safety regulations was not the fault of the owners of the property they should not incur any costs for carrying out the remedial works. The policy should also ensure that where such problems are identified the Council seeks to work quickly and proactively with developers and management companies and agents to resolve the problems and that residents are kept fully informed. The Manager shall also table a report at the Council meeting on those areas where such fire safety issues have emerged detailing when the problems emerged, how the Council responded, and what arrangements are currently in place to resolve these issues.

REPORT:

Where the Council owns properties, including its extensive housing stock, it is responsible for issues of constructional quality, maintenance and safety in use.

The Council, in common with all other sellers of property, is required to include Opinions on Compliance with the Planning Acts and Building Regulations in the Conveyancy documents. It is the responsibility of the purchaser's legal team to protect the interest of the purchaser through careful examination of all contract documents. In the case of schemes not designed or supervised by the Council's own architects e.g. schemes obtained by the Council under Part V or other such mechanisms, these Opinions will be provided by the developer/builder from his own Design-team consultants in accordance with Buildings Control Acts 1990 & 2007 - 2014. The extent of the Councils' liability in these cases is still under review by the Supreme Court in the Priory Hall case and remains sub-judice.

For the above reasons, it is not possible to issue such a general indemnity to accept all and unknown remediation costs in private properties (outside Council ownership), which were sold or transferred by the Council.

To date only two larger schemes have been addressed under Fire Safety. In Cluain Aoibhinn in Clondalkin remediation was addressed and paid for by the developer. In Foxford Court, Ballyowen the remedial works are underway contracted by the Developer but with additional contributions from the Foxford Court Management Company and South Dublin County Council who are the owners of a number of units in the scheme.