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04/03/2008

Focus on Stricter Building Control Measures

Irish Minister for the Environment, Heritage and Local Government John Gormley yesterday made a Commencement Order to start the first phase of the Building Control Act 2007.

"Safeguarding and improving building standards is one of my core commitments and I am, therefore, pleased to be able to announce today a range of new measures which will reinforce that commitment," the Minister said.

"With effect from 1 March 2008 the enforcement powers of local Building Control Authorities will be considerably strengthened by the commencement of relevant provisions of the Act," he added.

The relevant provisions are:

  • Increase the maximum penalties for breaches of the national Building Regulations from £800 (punts) to €5,000 on summary conviction; with fines for ongoing offences from £150 (punts) to €500 per day after summary conviction; and from £10,000 (punts) to €50,000 on conviction on indictment;
  • Introduce the option for Authorities to bring summary prosecution for all building code offences in the District Court, rather than by way of prosecution on indictment by the Director of Public Prosecutions (DPP) in the Circuit Court;
  • Provide for the recoupment of costs incurred by Building Control Authorities in taking enforcement action for breaches of the building code and to obtain the benefit of fines resulting from prosecutions brought by them;
  • Widen the right of building control authorities to seek an Order from the High Court or the Circuit Court to stop work on buildings where there is non-compliance with the building code.
The Minister said: "I have no doubt that, by simplifying the prosecution process and increasing fines, we will see increased enforcement activity by local Building Control Authorities to ensure that Ireland's high building control standards are fully adhered to.
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"I regard these new provisions as a major consumer protection measure, in that the enforcement powers of the State’s 37 Building Control Authorities will be greatly strengthened," he concluded.

(VB/JM)

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