Enforcement of building safety regulations in Ireland is a “key weakness”, with inspections of new developments varying among local authorities, some of whom inspect “virtually none”, a construction conference has heard.
The Construction Bar Association annual conference heard on Friday that local authorities require greater resources to ensure compliance with building safety regulations.
Deirdre Ní Fhloinn, a barrister specialising in construction law, said statistics of historical building defects in Ireland do not suggest there were a “few bad eggs in the industry” but instead, there was a “systemic problem”.
She cited a 2022 report that found that up to 100,000 of the 125,000 apartments built between 1991 and 2013 had defects concerning fire safety, water ingress issues or structural safety issues.
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The total cost of repairing the homes is estimated to be in the billions, with Ms Ní Fhloinn saying the taxpayer has become the “insurer of last resort for building defects”.
Noting that rules and regulations were adequate at the time of their construction, Ms Ní Fhloinn said enforcement was a “huge part” of the problem.
Speaking on the value of “robust regulation”, she welcomed the fact that Government approval has been received to draft a general scheme to establish a Building Standards Regulatory Authority.
She said about a quarter of new buildings are being inspected by local authorities, adding that this figure itself is inflated by larger authorities that inspect upwards of 70 to 80 per cent of new buildings.
On the other hand, some authorities are inspecting “virtually none”, she said.
Property developer Michael O’Flynn, meanwhile, said building control regulations in Ireland have “great standards” but agreed enforcement of the regulations was a “key weakness”.
Inspection levels vary significantly among local authorities, he said, with some inspecting just 10 per cent of new buildings.
“There is no huge shortage of existing regulation, the question is, is it happening? Are people doing what they’re supposed to be doing?”
“Local authorities are inspecting, unfortunately, a very low percentage. There has to be a consistent standard,” he said, adding that resourcing and upskilling is a must to ensure adequate enforcement.
Mr O’Flynn added that there is currently no balance between regulation and planning, saying the Irish planning system was suffering from an “existing enormous backlog”.
He cited 2023 figures in which 22,000 housing planning applications were caught in a backlog in An Bord Pleanála, which had an average waiting time of 79 weeks.
He described waiting times generally as “quite frightening” and a “really serious issue”.
“Our planning system is in a very bad place,” he said.
“We can’t ignore these things, because if we do, we will continue to fail a generation of people who are unable to buy homes,” he said.
