SI.9 Review.. “early in the new year” | Minster Alan Kelly

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BRegs Blog 13th December 2014

Minster Kelly SI.9 Review.. “early in the new year”

In the following Dáil exchange Brendan Griffin (FG TD) asked Minister Alan Kelly if he intended to revoke SI.9. Minister Kelly responded that he had “…no plans to revoke the Building Control (Amendment) Regulations 2014”.

However Minister Kelly gave a strong indication that the 12-month formal industry review confirmed by industry stakeholders for March 2015 would be brought forward to earlier in the new year. We assume this is a result of weaker than expected economic indicators from the construction sector, a fall-off in house building and delays to capital projects since 1 March. We believe both Minister Kelly and Minister Coffey have received strong representations from self-builders, consumer groups, concerned professionals and BRegs Blog contributors.

The BRegs Blog would like to invite readers for feedback, as a number of contributors are researching and preparing a formal report on this at the moment. We welcome broad input and feedback from industry and economic commentators, policy advisors and consumers in order to be able to give the Minister a full unbiased picture of the impact of the new regulations that is unencumbered by legacy issues through involvement in the negotiations to bring about SI.9.

If any groups have made contributions to the Ministers in their ongoing review process we would we would be glad to receive your contributions. Email: bregsforum@gmail.com

Link to Dáil exchange here.

Extract:

Department of Environment, Community and Local Government

Building Regulations Amendments Tuesday, 2 December 2014

Brendan Griffin (Kerry South, Fine Gael)

539. To ask the Minister for Environment, Community and Local Government if the Building Control (Amendment) Regulations 2014, SI 9, will be revoked; and if he will make a statement on the matter. [46099/14]

Alan Kelly (Tipperary North, Labour)

I have no plans to revoke the Building Control (Amendment) Regulations 2014. Over 4,700 new construction projects have been notified to Building Control Authorities across the local government sector since these regulations came into operation on 1 March 2014. Evidence to date suggests that the Construction industry is responding well to the new regulatory framework. Oversight of activity by industry and by local building control authorities has improved immeasurably and authorities have ready access to detailed data on projects via the online Building Control Management System. The online system streamlines building control administration and enables authorities to identify risks and track progress.

A Framework for Building Control Authorities was adopted by the City and County Management Association on 17 July 2014 – these common protocols add clarity, efficiency and consistency to building control activities across the local government sector.

I am satisfied that this key reform of the regulatory framework represents a reasonable and appropriate response to the many building failures that occurred in the past decade and will lead to improved quality within the construction sector. My Department will continue to work closely with local authorities, industry stakeholders and members of the public generally to ensure that all concerned understand their obligations under the regulations and how they can comply with these in practice. A review of the first year of operation of the regulations will be undertaken by my Department in conjunction with local authorities and industry stakeholders. The review will commence early in the New Year and will inform future regulation in this critical area.

Other posts of interest:

SI.9 | Where’s the accountability?

Dáil | Minister Kelly may take steps to control SI.9 ‘exorbitant charges’

‘Onerous’ Building Regulations must be amended – Minister Kelly

Revoke SI.9 | IAOSB / Self-Builders’ Letter to TD’s

SI.9 causing major delays to school projects

SI.9 Cost for 2014 = 3 x Ballymun Regeneration Projects

Iaosb letter to Minister Kelly – Revoke or Revise S.I.9

4 thoughts on “SI.9 Review.. “early in the new year” | Minster Alan Kelly

  1. Michael O'Neill

    “I am satisfied that this key reform of the regulatory framework represents a reasonable and appropriate response to the many building failures that occurred in the past decade and will lead to improved quality within the construction sector.”

    Another smug, self-satisfied Minister who thinks he and his predecessor did their jobs well, when the people who certify buildings are telling them the opposite.

    Here is a clue Minister.

    An Architect is required to act as “a competent member of his profession.”

    That is all.

    Take that germ of an idea and you can work out my entire High Court and Supreme Court strategy for getting your arbitrary and unreasonable imposition of criminal liability on the assigned certifier declared unconstitutional.

    Reply
  2. Michael O'Neill

    “I am satisfied that this key reform of the regulatory framework represents a reasonable and appropriate response to the many building failures that occurred in the past decade and will lead to improved quality within the construction sector.”

    Another smug, self-satisfied Minister who thinks he and his predecessor did their jobs well, when the people who certify buildings are telling them the opposite.

    Here is a clue Minister.

    An Architect is required to act as “a competent member of his profession.”

    That is all.

    Take that germ of an idea and you can work out my entire High Court and Supreme Court strategy for getting your arbitrary and unreasonable imposition of criminal liability on the assigned certifier declared unconstitutional.

    Reply
  3. Andrew Alexander MRIAI

    In his statement two products of the new system are being singled out by the Minister for special praise.

    The first is the Building Control Management System which “enables authorities to identify risks and track progress”. So how are the authorities utilizing this new library they have created? How has the daily routine of the Building Control Officer changed since this new resource has become available to them? Is the majority of their time spent in the office reading e mails which record statistical updates from the system or are they getting out on site and carrying out the one and only task which is going to frighten and that is what is required in our industry frighten the builder and developer into complying with the drawings (remember they don’t actually have to build in accordance with the regulations, only with the drawings).

    The second is the Framework for Building Control Authorities which has already been compromised thanks to the decision recorded in a recent post that only the Assigned Certifier’s submission will do at completion stage. As for clarity – nothing could be less clear than the confusion surrounding the 40sqm cumulative discussion.

    In addition the Minister’s conclusion “will lead to improved quality within the construction sector” completely misses the point of the current regulations. The completion certificate signed by the certifier does not state that the building represents improved quality from the bad old days. The Certificate claims 100% compliance with the building regulations – perfection, a product that will never fail.

    I know of no other industry that makes such a claim. Any volunteers out there who would be happy to certify Ireland’s first nuclear power station or more realistically an incineration plant?

    Reply
  4. Andrew Alexander MRIAI

    In his statement two products of the new system are being singled out by the Minister for special praise.

    The first is the Building Control Management System which “enables authorities to identify risks and track progress”. So how are the authorities utilizing this new library they have created? How has the daily routine of the Building Control Officer changed since this new resource has become available to them? Is the majority of their time spent in the office reading e mails which record statistical updates from the system or are they getting out on site and carrying out the one and only task which is going to frighten and that is what is required in our industry frighten the builder and developer into complying with the drawings (remember they don’t actually have to build in accordance with the regulations, only with the drawings).

    The second is the Framework for Building Control Authorities which has already been compromised thanks to the decision recorded in a recent post that only the Assigned Certifier’s submission will do at completion stage. As for clarity – nothing could be less clear than the confusion surrounding the 40sqm cumulative discussion.

    In addition the Minister’s conclusion “will lead to improved quality within the construction sector” completely misses the point of the current regulations. The completion certificate signed by the certifier does not state that the building represents improved quality from the bad old days. The Certificate claims 100% compliance with the building regulations – perfection, a product that will never fail.

    I know of no other industry that makes such a claim. Any volunteers out there who would be happy to certify Ireland’s first nuclear power station or more realistically an incineration plant?

    Reply

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