The estate our rental property is in was built in 2000 and the windows are the original windows put in place by the developer. I asked the inspector how it was possible that the developer was allowed to install these windows if they don't meet fire safety regs and is there not a requirement under building regulations for developments to be inspected by a local authority building inspector to sign off that all regulations have been met.
He said he couldn't comment on that, but I'm now left with having to replace all the bedroom windows at my expense with no comeback to the Co Co who gave planning permission, approved the development etc. Do developers have to get a fire safety certificate from the local fire service?
While I don't want to put my tenants' lives at risk, I'm shocked by the findings and am wondering does anyone know if it's possible to take a case against the Co Co for giving permission for these windows to be installed?
I have pasted below a section from the following document which sets out the current situation regarding Building Control.
Strengthening the Building Control System
A Document to inform public consultation on Draft Building Control (Amendment) Regulations 2012 by the
Department of the Environment, Community and Local Government April, 2012
"2.3 The role of the owner/developer
Under the Act of 1990 responsibility for compliance with the requirements of the Building Regulations is placed first and foremost on the owner and the builder/developer of a building.
The onus is on the builder /developer and owner to demonstrate compliance with the Building Regulations when required to do so by the relevant local building control authority. Failure to do so is an offence under the Act which may if successfully prosecuted in court lead to a fine and/or a term of imprisonment
Remediation of defects is a matter between the parties concerned i.e. the owner and the builder/developer and their insurers. This applies even where the owner is a local authority. If satisfactory resolution cannot be achieved through dialogue and negotiation the option of seeking civil legal remedy may be considered. In such situations, the statutory requirements provide a yardstick by which the owners/their technical consultants and the courts can determine whether a building is fit for purpose or not.
2.4 The role of Professionals
The requirements of the Building Regulations apply to the design, as well as the construction, of a building and there is a responsibility on designers to ensure that their designs are in compliance with the minimum legal requirements.
More generally, construction professionals play a key role in the planning, design, and construction of our built environment. Notwithstanding the responsibility of the Minister and the Department to guide and regulate development; the quality of our built environment depends to a large extent on the quality of the contribution of construction professionals.
Construction professionals play a key role in designing, developing, and certifying buildings. Where these buildings prove to be less than fit for purpose, construction professionals must be held to account for the consequences of their actions.
2.5 The role of Local Authorities / Building Control Authorities
Under the Act of 1990 local authorities have strong powers to:
• scrutinise proposals and inspect works in progress;
• serve enforcement notices for non-compliance;
• institute proceedings for breaches of regulatory requirements;
• seek High Court injunctions if non-compliance poses considerable and serious
danger to the public.
The Department has set a target inspection rate of 12-15% of all buildings covered by valid commencement notices. Statistical returns for 2010 show that all but four Building Control Authorities met or exceeded this target, and a general average inspection rate of 24% of all buildings was recorded.
While local authorities do use the courts to effect compliance where reasonable and appropriate to do so, desired results can also be achieved, and often are, through discussion and persuasion with the threat of legal action.
In addition, statutory processes such as those under the Building Control Acts 1990 to 2007 and the relevant Building Control Regulations in relation to applications for Fire Safety Certificates and Disability Access Certificates also enable local authorities to positively influence the quality of a building."
You can find the full document here http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/FileDownLoad,29908,en.pdf