I move: That Standing Order 194 is modified in accordance with Standing Order 241(2) to provide that it be an instruction to the Committee in relation to the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Bill 2025, that the Committee has power to make amendments to the Bill which are outside the scope of the existing subject matter of the Bill in order to make amendments to the Building Control Acts 1990 to 2020, in order to provide for: a) the submission of Certificates of Compliance on Completion prior to the opening, operation or occupation of a building; b) a regularisation process for certain works and buildings; c) the conferring on the Minister for Housing, Local Government and Heritage the power to make regulations relating to enforcement notices; d) the withdrawal of an enforcement notice; e) the opening up of works in certain limited circumstances; f) the issuing of a warning letter; g) the extension of the powers of the Minister for Housing, Local Government and Heritage to make building regulations; and h) the change of names of certain certificates issued under that Act; and to make other consequential amendments required to take account of the changes above. The purpose of this motion is to instruct the Dáil, in committee, in accordance with Standing Order 241(2), to provide that the committee has the power to make amendments to the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Bill 2025 that are outside the existing subject matter of the Bill. This is required so that I can introduce Government amendments to the Bill on Committee Stage. The proposed amendments to the Building Control Acts 1990 to 2020 follow on from the general scheme, approved by Government on 30 January 2024, pre-legislative scrutiny that took place on 23 April 2024, and the advice of the Attorney General, and further reflects the decision made by Government on 2 December 2025 to proceed as part of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Bill 2025. On Second Stage of the Bill, on 2 December, I signalled my intention to bring forward a number of amendments to the Building Control Acts 1990 to 2020. By way of background, the Building Control Acts 1990 to 2020 provide for the regulation of the design and construction of buildings in order to ensure the safety, health and welfare of people within the built environment. The Acts provide for the making of building regulations and building control regulations and set out the legislative basis for the system of enforcement. The main objective of the amendments is to underpin, extend and strengthen the system of building control enforcement to support compliance with the building regulations. The main provisions of the amendments are contained in a new Part 3 of the Bill. I draw the House's attention to the key changes and main provisions of the amendments to the Building Control Acts in the Bill. Section 29 contains provisions dealing with definitions. Section 30 amends section 3 of the Building Control Acts and introduces an additional power, for which the Minister may make building regulations. It facilitates the provision of information in respect of systems installed in a building in order to provide the end user with the information necessary to support the efficient and effective operation and use of the building after completion. Section 31 amends section 6, building control regulations, of the Building Control Acts and provides explicit powers for the Minister to prevent a building being opened, operated or occupied until such a time as the particulars of the relevant certificate of compliance on completion have been entered on the register maintained by the building control authority, where such a document is required by regulation. This underpins the strengthening of building control regulations in 2014, introduced in response to the then emerging defects in construction. This section also provides for a regularisation process for the uncommon situation whereby works which have commenced or been completed in respect of a building without submitting, by either act or omission, an appropriate valid notice to the building control authorities in certain circumstances. The regularisation process will be detailed in the new building control regulations and will only facilitate works that are in compliance with the building regulations. Separately, this section also amends the names of certain building control certificates issued under the Building Control Acts to better reflect their purpose. For example the section changes fire safety certificates to fire safety design certificates and disability access certificates to access and use design certificates. The changes also introduce a process for the application for a regularisation fire safety design certificate to replace the currently named regularisation certificate. Section 32 makes transitional provisions in relation to the renaming of certificates. Section 33 amends section 7 of the Building Control Acts to provide for the appeal of a decision of a building control authority on an application for a regularisation fire safety design certificate and other consequential amendments. Section 34 amends section 8, enforcement notice, of the Building Control Acts to provide a building control authority with the power to require the owner or occupier of a building, or any person responsible for the construction of a building, to open up construction works, as may be reasonable in certain circumstances, to be able to ascertain that the relevant requirements of the building regulations in respect of the works have been complied with. Section 35 amends section 10 of the Building Control Acts by the insertion of a new section providing, for the first time, for the withdrawal of an enforcement notice. This amendment provides an administrative procedure consistent with the principles of natural justice while maintaining strong powers of enforcement. This section further amends section 10 of the Building Control Acts by the insertion of a second new section providing the Minister with regulation-making powers relating to enforcement notices. Section 36 amends section 11 of the Building Control Acts to provide authorised officers of building control authorities with the power to issue a warning letter in respect of compliance with the building regulations and-or building control regulations following on from an inspection they had carried out. Section 37 amends section 12 of the Building Control Acts to provide the power to a building control authority to make an application to the High Court or to the Circuit Court for an order restricting or prohibiting the use of the building where a certificate of compliance on completion or regularisation certificate of compliance on completion is required, but has not been submitted to the building control authority and placed on the register. Sections 38 and 39 amend references to a fire safety certificate in the Taxes Consolidation Act 1997 and the Multi-Unit Developments Act 2011. I would like to place on record my appreciation for the collaboration we have had to this stage with members of the housing committee in assisting us in progressing this Bill at speed. I have outlined in detail the proposed amendments to the Building Control Acts and it is clear that these proposed changes will bring about an improved regulatory environment for the benefit of all stakeholders. I ask for the support of Members of the House for the motion to enable these important amendments to be tabled. I will seek to respond to any specific questions and engage further on Committee Stage.

Sentiment score: 0.20

The purpose of this motion is to improve the building control regime that is in place to ensure the required standards for building regulations are met. These amendments will make certain that building regulations and building control regulations are further strengthened and clarified to the benefit of all stakeholders. In terms of the proposed regularisation process, the amendments provide for a process of regularisation for the uncommon situation whereby works have commenced or been completed on a building without submitting, by either act or omission, an appropriate, valid notice to the building control authority. This amendment does not intend to create an alternative to the current building control process. The regularisation process would be limited to buildings and works that comply with the building regulations. It may require a higher degree of proof of such compliance, including, if necessary, expensive investigative work which might require building works to be opened up, and would attracted a significantly higher fee structure, reflective of the scale of the building and the amount of works completed at the time of the submission of the regularisation notice. I thank the Deputies for their contributions. I hear their criticism about the rate at which these amendments are being moved. Pre-legislative scrutiny has been carried out in the past. I am glad the Department provided a briefing on it. I understand the Deputies' concerns but these amendments are needed.

Sentiment score: 0.17