Can I bring a claim against Building Control?
by Bregs Blog admin team
In the following article by UK solicitors Barr Ellison “Can I bring a claim against Building Control?”, the question of bringing an action against the Local Authority in the event that a contractor is unable to meet an award is discussed. Given the similarities in legal systems and demographics, it is interesting to read that even with 100% local authority inspections as a proactive building control measure, the recommended route for consumer redress is still against a main contractor. For the article click link here.
In the new building regulation system introduced in Ireland since March 1st 2014, Local Authorities have sought to distance themselves further from any oversight of the building process by regulating professional roles and reinforcing the current system of self-regulation. Although competent professions have been identified and regulated (with other competent professions like Architectural Technologists excluded), critically builders still remain unregulated. A register of builders as been created (CIRI) but this is owned and operated by a private organisation, the Construction Industry of Ireland (CIF). This organisation has recently written its own certificates for use in the new system. Many professionals believe these certificates are very favourable to contractors and in fact allocate less responsibility for their own work than was the case pre-implementation of S.I.9.
BC(A)R SI.9 has created a single-point of responsibility for the consumer, the professional tasked with the role of Assigned Certifier, who now takes on disproportionate responsibility for the work of all involved, including main and sub-contractors. Clearly an unsustainable situation and one that will be resolved, if not by representative professional bodies soon, then by insurance companies later, when claims start making their way through the courts and premiums start to escalate as a result.
The above extract from an article “Can I bring a claim against Building Control?”