COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 26, 2016

QUESTION NO.12

QUESTION: Councillor D. Looney

To ask the Chief Executive to clarify the number of fire safety issues in houses within Council stock, including Part V houses and other acquisitions, which have arisen, year on year for the last ten years; to ask the Chief Executive to give details with regard to all of these issues; and to make a statement on the matter.

REPLY:

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 completed as 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.