Public submissions sought as Hogan moves to put safety first

A system of compulsory certificates by architects of buildings, with agreed wording and with supporting documents, is being planned to avoid a repeat of Priory Hall, writes PAT IGOE

THE MINISTER for the Environment Phil Hogan has invited members of the public to submit suggestions on proposals to improve the quality and safety of buildings, including apartments. The deadline for offering suggestions is Thursday, May 24th.

The invitation was issued on the same day as the Supreme Court agreed to defer for three months a hearing on the problems with the Priory Hall apartments in north Dublin, pending talks presided over by retired judge Joe Finnegan.

Earlier this year, the Minister had asked local authorities to step up their inspections of housing developments that might pose fire safety risks to residents. This followed revelations that another residential development, with up to 300 houses and apartments, did not meet fire safety requirements.

There is widespread agreement that there are significant weaknesses in the building quality and safety controls under the present system. Important provisions of the Building Control Act 1990 have not been implemented. They include furnishing to local authorities by builders of certificates confirming compliance with the Building Regulations both before and after completion.

The invitation to the public is an important step towards shoring-up gaping shortcomings in the present system. The Minister said that he was acutely aware of the difficult and stressful situations facing many homeowners and tenants who, through no fault of their own, were dealing with the consequences of building defects and unfinished estates.

The new proposals are presented as a necessary and practical compromise between the present very inadequate system and the ideal solution. As of now, builders’ architects give to the solicitors of buyers of new houses and apartments their opinions that the buildings comply with the Building Regulations. But these opinions are usually qualified and can rely on the builders’ assurances to the architects that the works were indeed done properly.

What is being planned, and what the public is invited to comment on, is a system of compulsory certificates by architects of buildings, with agreed wording and with supporting documents. The certificates will cover before and after the building is completed. “This option appears to be realistic and achievable,” according to the Department of the Environment.

The main alternative would be full State supervision of the work of builders. The Department of the Environment noted last month that full approval of new buildings by building control authorities (local authorities) would require considerable additional resources.

It remains a “medium- to long-term policy goal”. However, the State has always baulked at accepting responsibility for monitoring the quality of builders’ works, whether for apartment blocks or houses.

Advice issued by the department to local authorities in 1992 warned that planning permissions should not “under any circumstances” include a condition requiring compliance with the Building Regulations.

Planning permission and compliance with the Building Regulations have been kept clearly separate. Monitoring building quality and safety is a legal responsibility that the State does not want. Admitting that “there is much that can be done to improve the system”, the department’s document titled Strengthening the Building Control System notes that supporting documents will be required demonstrating compliance with the requirements.

While welcoming the planned changes, fire and safety consultant Brendan Stamp warns that their success will as always come down to enforcement of the works of builders and the certificates of architects.

The new proposals will add additional €1,000 to €3,000 to the cost of each new house or apartment, according to industry sources. For that, new house and apartment owners are promised enhanced quality and safety of buildings and, where problems arise, a clear chain of responsibility.

But the proposals, which are planned to become law by October, will not benefit the loosely estimated 500,000 occupants of Ireland’s existing apartments. New laws or regulations in Ireland ordinarily cannot be backdated.

At the very least, a heightened awareness of the enhanced protections that new apartments will have is likely to stimulate both existing and future apartment occupiers, and their management companies, to closer supervision of their buildings and their safety.

Pat Igoe is a solicitor