The Consumer and the Contradiction at the Heart of S.I.80

by bregs blog admin team

As industry stakeholders debate with the government on the final wording of the new regulations, we ask has the consumer been forgotten?

In the original wording the Government strategy was to protect the consumer through facilitating people with unsatisfactory buildings to identify a clear legal target – the Assigned Certifier – who is backed by professional indemnity insurance and who may readily be pursued legally.

“The Regulations … give home-owners clarity, traceability and accountability at all stages …. They will provide consumers with the protection they need and deserve. … The mandatory certificates will be clear, unambiguous statements on statutory forms stating that each of the key parties to a project certifies that the works comply with the building regulations and that they accept legal responsibility for their work … this new statutory certification is a key consumer protection measure … If anyone signs a statutory certificate for a building which subsequently proves to be non-compliant, they can be held legally liable for the consequences.”  Minister Phil Hogan 04/04/2013

Putting aside the question of whether making one person responsible for the work of all the others leads to better building, this strategy was found to be unworkable as the role of the Certifier was found to be uninsurable by the insurance industry.

The answer proposed by the industry stakeholders is to allow the Certifier to rely on other peoples’ confirmations and test reports, so that each player is responsible for their own role and the Certifier can obtain insurance. However the more the legal target is diffused, the harder it is for the Consumer with the defective building to obtain redress – and the less consumer protection.

This circle cannot be squared. “Solutions” merely blur the issue, to the detriment of consumer and certifier alike.

From the quarry in Kerry to the glass manufacturer in Spain, the consumer will have to pursue redress through the courts with no guarantee of success. Critically, the component of independent local-authority building control inspections is missing from S.I.80, and a building contractor with an in-house certifier can design, build and self-certify as a single entity.

Self-certification is No Certification and Self-Regulation is No Regulation.