Government Reports + Professional Opinion Ignored in SI.9 | look back 5
In No 5 of our “Look Back” post series we re-publish a December 5th 2013 post Government Reports & Professional Opinion Ignored in S.I.80 on consumer bodies and reports that were ignored in the formation of SI.9, previoulsy SI.80.
The “comprehensive consultation” undertaken in 2012 has frequently been quoted, most recently by Minister Alan Kelly on 11th November 2014 in the Dáil:
“An extensive public consultation process was undertaken in 2012 to inform the development of the revised building control regulations which came into effect on 1 March 2014…
Over 500 submissions were received in response to that public consultation from construction industry stakeholders, individual practitioners and members of the public
… However, the time available for public consultation is finite and my Department’s consideration of this matter has effectively concluded given that SI No. 9 of 2014 is now in place and is fully operational”
Our post below outlined some of the major contributions and submissions ignored by the Department in the formation of BC(A)R SI.9.
Original post below:
As Minister Hogan prepares to sign off on the final wording of the Building Control (Amendment) Regulations, we take a look at some of the government commissioned reports and the professional opinion that were ignored in the design of S.I.80.
Government Commissioned Reports:
The National Consumer Agency (2012): “the NCA would point to the undesirability of a situation arising whereby one entity could design, build, inspect and certify a building while no inspection by a Building Control Authority takes place.. Should a consumer purchase a dwelling become aware of non-compliance with building regulations, and bring the issue to the notice of the relevant Building Control Authority, the legislation allows the consumer to be designated as the party responsible for bringing the dwelling into a state of compliance. Consideration should be given to providing means by which responsibility for bringing a building up to a compliant state rests with the party responsible for the non-compliance in the first place”
The Pyrite Panel 2012: “…the Panel recommends that the system of independent inspections, carried out by the building control officers, should be strengthened to complement the mandatory certification process for buildings.. Project-related insurance whereby cover for each specific project is available and adequate and is related to the project only”
The Competition Authority 2012: “These concerns are (a) whether the proposed regulations would, in fact, afford proper protection to citizens, (b) whether the additional costs imposed by the proposed regulations are in proportion to any benefit they might bring, and (c) whether placing the onus for compliance on certain individuals involved in the construction process, rather than on an independent arm of the State, is appropriate”
The National Disability Authority 2006: “The findings of the Rogerson (2005) research and DoEHLG’s own 2003 survey suggest the need for vigilant on-site inspection for compliance with accessibility requirements. The provision of Disability Access Certificates does not preclude the requirement for strengthened enforcement and on-site inspection of buildings against Part M”
Chief Fire Officers Association Conference 2012: “Better Paperwork does not mean Better or Safer buildings!”
The Sustainable Energy Authority of Ireland 2013: “It is believed that Latent Defects Insurance (LDI) would provide a cost-effective means of providing long-term protection for the recovery of the costs of repairing or replacing works following discovery of a latent defect. The insured party does not need to prove negligence and defects would be covered even were the contractor company is no longer in existence. Given the complexity involved in contractors individually providing their own policies, there would be a clear benefit in having a single LDI policy, where all works carried out under the Scheme were covered by a single provider, offering a single point of contact for claimants at an optimal cost.”
Professional & Registration Bodies:
The Royal Institute of the Architects of Ireland 2013: “Registration of builders must be part of the new system.. It is essential that the new monitoring and inspection systems provide for planned and random audits – on a risk analysis basis – of the documentation submitted to a local authority before building work actually commences, as well as inspection of buildings during construction… If such systems of inspection and analysis by building control authorities are not in place, then the danger remains of shoddy building practices continuing with consequent risks to the consumer”
Engineers Ireland 2012: “An appropriately strong and active inspection/auditing function being delivered by the appropriate state authorities is equally critically important in strengthening the existing Building Control System”
The Society of Chartered Surveyors Ireland 2013: “The regulations do not address the Building Control Authority’s side of the equation and it will also be incumbent on the Government to ensure that appropriate review of operations occurs in this respect.” Alan Isdell, Surveyors
Other posts of interest: