Defective blocks: Department will be 'strongly defending its position' after EU issues infringement proceedings against Ireland

The EU Commission this week confirmed it had decided to open an infringement procedure against Ireland.

It said: “The Construction Products Regulation requires authorities to monitor the manufacturing and placing on the market of construction products before they are used. According to the Commission's findings, the Irish authorities limited their monitoring activities to finished buildings or finalised civil engineering projects.

"The limitation of market surveillance activities to on-site measures endangers the free circulation of safe construction products in the Union. Due to defective construction products, several thousand houses in Ireland suffered very serious damage.”

A letter of formal notice is to be sent, following which the government has two months to respond ‘and address the shortcomings raised by the Commission’.

"In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion,” the Commission added.

Campaigners have long been highlighting the issue within Europe.

In 2023, a delegation from the European Parliament visited Ireland to investigate the defective concrete blocks crisis and, earlier this year, a formal complaint against the Irish State, on behalf of homeowners, was made to the EU Commission.

In March, the European Parliament’s Committee on Petitions unanimously adopted a report calling for improvement to the redress scheme.

100% Redress Party Councillor Ali Farren was one of the homeowners who submitted petitions to the EU committee.

He said that, at the time of writing the petition, he wanted the government and the rest of the world to know about the devastating impact of defective blocks in Donegal.

Colr Farren says he is ‘delighted’ that Europe is ‘sitting up’ and taking action.

"I’ve said for years that the Irish government takes more heed of what happens in Europe than it does with Johnny or Ali in Donegal,” he added. “This is the kick up the backside, for want of a better word, that it needs to do better and I’m delighted to see it.”

Colr Farren says the government cannot ignore the commission’s infringement procedure.

"It’s going to cost them to ignore it, in my opinion, and it will still be a problem. My advice to them would be not to ignore it and to deliver a scheme that is workable for everyone. We know the scheme isn’t right and it’s not working for a lot of people. There are people that are making it work, but, for most others, it’s not.”

Colr Farren urged the government to “follow the science”.

“No houses should be downgraded on the scheme at the minute, because it is not following the science,” he said.

In a response to the Journal, the Department of Housing said it was ‘currently examining the European Commission’s letter of formal notice and will be strongly defending its position in its response to the Commission.’

A spokesperson said: “Market Surveillance of construction products is an important policy area and regulatory function in Ireland and one which we are actively undertaking in co-operation and collaboration with the established EU networks and in compliance with EU legislation.

“The National Building Control & Market Surveillance Office (NBC&MSO), in Dublin City Council, and local authorities throughout the country are Market Surveillance Authorities and, as such, have powers to obtain access to premises to examine, test or inspect products, request documentation regarding the performance of a product, take samples of the product, request the Minister for Housing, Local Government and Heritage to prohibit or restrict the use of a product and prosecute offences. Recent and planned activity is set out in the annually published Market Surveillance Strategies.

“Ireland has, over the last 30 years, since the introduction of Construction Products Directive in the early 1990s, transposed and established all of the necessary structures to ensure EU construction product legislation is fully implemented. In addition, at national level, Ireland has also engaged with all the key industry stakeholders to assist in the understanding of the regulatory systems and in its practical implementation, including the provision of guidance and training.

“It should also be noted that the Government, in response to building defects that have arisen, continues to implement building control reforms which focus on ensuring strong and effective regulation in the building control system and the construction industry. The Building Control (Amendment) Regulations, which were introduced in 2014, empower competence and professionalism in construction projects and establish a chain of responsibility that begins with the owner.

“In July 2022, the Government legislated for the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 to develop and promote a culture of competence, good practice and compliance with the Building Regulations in the construction sector.

"This statutory register is ensuring consumers and the general public, i.e. those who engage a registered builder, have the assurance that they are dealing with a competent and compliant operator.

“The Government is also progressing the establishment of an independent Building Standards Regulatory Authority. Cabinet recently (16 July 2024) agreed to the drafting of legislation which will underpin a new Building Standards Regulatory Authority. The Building Standards Regulatory Authority will be an independent central competent authority, with the powers of a national Building Control Authority, and national Market Surveillance Authority for construction products to implement relevant building control and construction product legislation. It will not only drive compliance and strengthen oversight, but will also improve consistency and enhance public confidence in construction related activity.”