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Ireland creates a new Building Regulator: will it be enough to change our building culture?

Dr Deirdre Ní Fhloinn
16/9/2024

Present Tense

With the recent announcement that a national Building Regulator is to be established, Dr. Deirdre Ní Fhloinn examines what led us here, and pathways to improved regulatory control.

Mica House. Image Credit: Donegal Live

... enforcement activity by building control authorities nationally was sparse to non-existent, that there was no central repository of enforcement activity, and that most building control authorities were simply not resourced to carry out the level of inspections and enforcement needed ...

During the past thirty years, the systems established by the Building Control Act 1992 have failed to prevent widespread significant defects in Irish housing, particularly apartments. The 2022 Report of the Working Group to Examine Defects in Housing found that 40-70% of all apartments built between 1991 and 2014 were likely affected by fire safety defects, and 50%-80% might be affected by one or more of fire safety, structural safety, or water ingress [1]. In this context, the announcement in June 2024 that a national Building Regulator is to be established is most welcome – but will it be sufficient to change a building and compliance culture established over decades?

The creation of a regulator is an objective of the current Programme for Government and was recommended by the Building Standards Regulator Steering Group report of June 2024, which envisages an independent central competent authority with the powers of a national building control authority (“BCA”) and to ensure the adequate and consistent delivery of building control services, inspection and enforcement, to coordinate and provide support services to local authorities, and to ensure adequate inspection and enforcement of market surveillance of construction products [2]. The regulator is also intended to act as a repository of best practice – driving, promoting, and fostering compliance competency, and consistency, and building control.

When I appeared before the Oireachtas housing committee in 2017, I advocated for the creation of such a body with those powers, and emphasised in particular the need for local building control bodies to be overseen by a national regulator; the resulting committee report recommended creation of a regulator in almost identical terms to that now proposed [3].

Percentages of defect types as reported by each organisation (in apartments). Image Credit: Report of the Working Group to Examine Defects in Housing

I found in the course of my PhD research that enforcement activity by building control authorities nationally was sparse to non-existent, that there was no central repository of enforcement activity, and that most building control authorities were simply not resourced to carry out the level of inspections and enforcement needed for the system to be effective.

I had found no evidence of any prosecutions ever being brought under the Building Control Act during the course of my PhD. Since then, I note that in the 2022 annual report for Dublin City Council that two prosecutions were initiated by that authority in 2022. I do not equate prosecution with effectiveness, but all of the international models and Irish models in other regulated industries show that effective and visible enforcement is an essential part of any regulated system.

A fundamental requirement for the effectiveness of the regulator will be to ensure that it is resourced and staffed appropriately. The steering group report notes that in April 2023 there were fifty-eight full-time equivalent building control officers nationally, while suggesting that the new regulatory body will need around five-hundred staff. The steering group noted that 27% of new buildings were inspected in 2021. This means that the vast majority of new buildings are being inspected only by individuals who are appointed, and paid for, by owner/developers.

The findings and recommendations of the Hackitt reports [4] and the Grenfell Tower Inquiry [5] have led to dramatic changes to the organisation of building control in the UK. The Hackitt report of May 2018 found that the current regulatory system for ensuring fire safety in high-rise and complex buildings was not fit for purpose both during construction and occupation, due to the culture of the industry and effectiveness of regulators. A new regulatory framework was recommended to cover fire and structural safety for the life-cycle of a building recorded in a digital record, focusing on the building as a system and analysing risk accordingly.

The UK Building Safety Act 2022 creates the new statutory role of building regulator, establishes a regime for higher risk buildings, provides an extensive regime for remediation of defects, establishes a New Homes Ombudsman, and deals with regulation of construction products and regulation of inspectors. The Act incorporates governance of the building life cycle in into three gateways, including planning and design, construction, and occupation, thereby adopting the recommendation of the Hackitt report that a “golden thread” of information relation to building safety should be created and maintained, and should inform all future interventions in that building.

It is surprising that the Irish Steering Group report does not refer to the Hackitt and Grenfell reports and the comprehensive overhaul of UK building regulation that led to the Building Safety Act 2022.  

The Phase 2 (and final) report of the Grenfell Tower Inquiry was published in September 2024. Amongst its many recommendations are that the Government appoint an independent panel to consider whether it is in the public interest for building control functions to be performed by those who have a commercial interest in the process; this issue is also raised in the Hackitt reports. The Building Control (Amendment) Regulations system introduced in Ireland in 2014, often presented as the turning-point for cultural change in Irish building regulation, is designed to operate on this basis; designers and certifiers are appointed and paid for by developers and building owners themselves.

It is vital that the regulatory model put in place should be informed by our recent history, international models for effective building regulation, and of the lessons learned elsewhere. Lives have been destroyed by building defects in Ireland. It is time to recognise the scale of what is required, and to apply ourselves to designing an effective model that will meet the enormous demand for new homes into the future.

It is vital that the regulatory model put in place should be informed by our recent history, international models for effective building regulation, and of the lessons learned elsewhere.

Present Tense is an article series aimed at uncovering perspectives and opinions from experts in their respective fields on the key issues/opportunities facing Ireland's built environment. For all enquiries and potential contributors, please contact ciaran.brady@type.ie.

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Present Tense is supported by the Arts Council through the Arts Grant Funding Award 2024.

References

1. Department of Housing, Local Government and Heritage, Report of the Working Group to Examine Defects in Housing, June 2022.

2. Department of Housing, Local Government and Heritage, Report of the Building Regulator Steering Group, June 2024.

3. Houses of the Oireachtas Joint Committee on Housing, Planning & Local Government, Safe as Houses? A Report on Building Standards, Building Controls & Consumer Protection, December 2017.

4. Building a Safer Future Independent Review of Building Regulations and Fire Safety: Final Report Presented to Parliament by the Secretary of State for Housing, Communities and Local Government, May 2018.

5. Report of the Public Inquiry into the Fire at Grenfell Tower on 14 June 2017. Chairman: The Rt Hon Sir Martin Moore-Bick, Phase 1 Report (October 2019) and Phase 2 Report (September 2024).

Contributors

Deirdre Ní Fhloinn

Dr Deirdre Ní Fhloinn is a practising barrister. Her PhD was awarded in 2019 for a thesis on the subject of remedies for defective housing.

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Drafting Identity: In Practice

Julia Przado
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Julia Przado
Ciarán Brady

Architecture is widely considered to be an incredibly innovative profession. For centuries, it has played a crucial role in shaping our urban landscapes and societies. This innovation and creativity which characterise the profession is first nurtured in the early stages of education. The excitement sparked by entering the first year of university develops into a growing sense of possibility as the years progress. However, for an industry so forward-thinking, the issue of how women fit into its identity structure has very much “remained unresolved” [1].

When I began my own career almost 7 years ago, it appeared to me that the field was largely male dominated, particularly in the way architects were celebrated and publicised. Many of the names, faces, and projects I encountered were male, which subconsciously shaped my understanding of who typically occupied positions of recognition and authority within the field. While my academic experience in architectural education has been shaped by a diverse student cohort, my professional experience beyond academia has highlighted an underrepresentation of women among firm partners, associates, and managers.

The statistics, supported by RIAI-sponsored research, show how gender balance in architectural education unfortunately doesn’t directly translate into female representation at the top level in the country. In Ireland, only 30% of registered architects are women, with as little as 16% occupying principal or leadership roles in RIAI-registered practices [2]. The issue, however, is not the lack of ambition, ability, or women’s desire to enter the field. Recent decades have seen a growing number of women choosing architecture as a career path with Irish architecture schools achieving gender balance since the 1990s. Since “as many women as men qualify with degrees in architecture”, it's important to question where the deeper rooted imbalance, often referred to as the “leaky pipeline", comes from [2]. This metaphor is often used to describe the disappearance of women from career pipelines as seniority increases.

Historically, architecture has been shaped by a culture of extreme working hours and a lack of flexibility, where wearing tiredness as a badge of honour is often expected. From under-recognition to pay gaps, the challenges women face within the profession remain largely unchanged. A survey discussed by Dervla MacManus and Katherine O’Donnell in the ‘I am an architect’, gender and professional identity in architecture research article reveals a clear contrast in how gender is perceived in architectural careers. While 45% of men reported that gender has no influence on their career thinking, only 2% considered it important. In contrast, 41% of women described it as extremely influential [1].

Since “architectural practice relies on long working hours, homosocial behaviour and creative control”, many women, particularly those with caregiving responsibilities, can find the profession difficult to sustain long term [3]. Those who do reach senior roles however, often receive less recognition in comparison to their male colleagues. From precedent case study lists handed out in universities, to the industry’s most prestigious awards; female architects contributions have not always received equal acknowledgement. The case of Denise Scott Brown is a well-known example of female achievements being overlooked, as she was excluded from the Pritzker Architecture Prize, which was awarded solely to Robert Venturi despite their collaborative work [4].

During my university exchange abroad one of the elective modules offered was titled ‘Women in Architecture’. It was a 5 credit course dedicated specifically to exploring women’s contributions to the field. I was excited to partake, however I equally found myself wondering why this topic needed to be defined seperately. Did the module come to life due to women’s work being significantly overlooked within the mainstream architectural curriculum? What stood out to me the most however, was how fast the class reached full capacity with a waitlist forming as a result. Its popularity suggested a genuine interest among students for a more expansive and inclusive learning environment, regardless of gender.

For students like myself who seek female role models on a daily basis, representation is incredibly valuable. Recognising and celebrating women is not only symbolic, but it actively shapes the aspirations of young women entering architectural education. How we record the history and achievements of all architects, despite gender or background, not only influences our understanding of the profession today, but also advocates for a more inclusive architecture culture. Conversations like these create a future that is not abstract or unattainable, but something women can see themselves embodying.

Experiencing representation first hand has deepened my understanding of what it truly means for women in practice. When I began my first role in the professional world of architecture, it came with the stress and imposter syndrome that often accompanies any new position, particularly your first. This pressure however, felt significantly eased after being assigned a female mentor; someone who reflected my background and experiences in a professional setting. This experience made a meaningful difference for me from the very first day. Her guidance played a key role in helping me settle in and grow in confidence. It also helped me understand the potential of my career development and the direction I wanted it to take. It allowed me to set goals that felt both tangible and exciting.

Recognition, representation and mentorship at the top tiers of the profession carry immense value. Having experienced it first hand, I understand how powerful it can be, not only for confidence building, but also for shaping drive and ambition. An industry with a ‘leaky pipeline’ misses out on a wider range of perspectives and approaches where design can suffer as a result. I hope the topic of a more inclusive architecture culture becomes an everyday norm – particularly for those starting out as young professionals, trying to navigate the uncertainties of their early careers in the pure chaos of the world of architecture.

18/5/2026
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Drafting Identity: The Crit as Performance

Kate Crowley
Present Tense
Kate Crowley
Ciarán Brady

The architecture crit as an assessment format has remained largely unchanged since its inception. Conceived in the 1850s by the Beaux-Art School curriculum, it marked a shift from apprenticeships at ateliers toward academic degrees at University [1]. Despite the profession itself undergoing numerous transformations, this aspect feels stuck in time. When asked to write a piece about my experience in architectural education, ‘crit culture’ immediately came to mind.

Ahead of presenting in front of a review panel, there is a feeling of discomfort. A mental note to speak loudly, stand tall and stay concise, all while getting your concept across. The week before a review becomes a drawing marathon, racing to complete and pin-up the ‘finished’ product. The dread of the crit is experienced by all students, but there is an unstated imbalance between male and female students.

It is undeniable that students learn important life skills through preparing for a review, such as public speaking and presenting under time constraints. However, the crit environment emphasises a particular kind of thinking where students are encouraged to present as the ‘masters’ of their project [1]. It is formal and declarative. By contrast, design work is rarely this way. It is a slow process that emerges from continuous iterations and thoughtful decision making. It is often difficult to portray the experiential intentions of the project during a review. It is much easier to defend a rigid master plan than it is to discuss the way a space feels and the material process behind it. These are gendered qualities of architectural presentation. Masculine ideas perform well in crit environments; they are more structured and easier to make coherent in a drawing. Whereas the feminine attributes fall to easier scrutiny; they are attributes rooted in process, feeling, and care.

During a crit, your work is performing and you become part of the performance to the audience of jurors. In this becoming, there is an inequality between male and female students. As the body plays a part in this performance, it is worth analysing the historical role of the female body in visual culture and performance. There has been a gendered dynamic present throughout visual culture in western society. Laura Mulvey diligently outlines this in her work ‘Visual Pleasure and Narrative Cinema’ [2]. She describes how men are accustomed to seeing themselves portrayed as the protagonist and driver of the narrative, whereas women are accustomed to seeing themselves as the spectacle. These dynamics are internalised and can affect the way in which each gender approaches a review.

Trevi Fountain in Rome - highlighting the idea of male represented as protagonist, driver of action, and females represented as spectacle. Image Credit: Kate Crowley

The lack of female role models in architectural discourse feeds this narrative. For decades, we have idolised the ‘starchitects’, who are predominantly male. It is no wonder women have trouble self-identifying with the protagonist in this profession. Typically, architecture schools place female students standing before a predominantly male, seated jury. This has a significant impact on female presenters, as it reinforces a spatial hierarchy where emphasis is placed on performance and presentation, rather than broadening conversation and engaging with people on a horizontal level. This structure is another aspect of the crit that is culturally coded in gendered norms of masculinity.

Established in an all-male environment, the review feels outdated and disconnected from the realities of working practice, where design is collaborative and dynamic, and involves multiple actors working together. The crit forces women to bend our femininity to fit a system that has historically excluded it. It perpetually legitimises gender norms within the realm of architectural education. With this, we lose an opportunity for critics to establish a self-identity with us and our work, and this generates a bias. I experience an immediate wave of calmness on review day when a female reviewer is present. It marks an opportunity for self-determination.

Elisa Iturbe said, within her paper ‘Women & The Architectural Review: the Gendered Presentation of Architectural Work’, that “Our femininity is rejected when we must speak loudly and boldly to an audience of predominantly men” [3]. In feminist pedagogy, relationships between teachers and students exist on a less vertical plane. Power and knowledge become shared [4]. Last semester, instead of the standard presentation format for our Architectural Technology module, a group of 4 female students, Julia, Róisín, Ciara, and I, came together to create a podcast to share our work with each other and our peers. This conversational and collaborative discussion was deeply beneficial to all of our learning. It removed the hierarchy associated with a presentation, and felt rooted in feminist pedagogy.

A crit established in an all-male environment is adversarial and performative, favouring bold ideas, structured drawings, and encouraging a ‘master’ mindset. A crit reimagined by an all-female group of 4 becomes a collaborative dialogue for sharing ideas. Hierarchies are removed and time is given to explain process and materiality. Architecture itself creates the physical and cultural framework in which we as a society exist and progress. Architectural education should be no exception. No aspect of it should perpetuate gender biases.

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Drafting Identity: The Loom vs the Machine

Róisín Hayes
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Róisín Hayes
Ciarán Brady

In the new year I took up knitting. I had previously crocheted, but I find knitting easier, more rhythmic, and I am more drawn to the textures it produces. Recently, however, I learned that while knitting is often regarded as the more refined craft, crochet might in fact be more ‘valuable’. Knit stitches are predictable and therefore more easily mechanised. Crochet, by contrast, relies on complex, irregular knots that demand the tension and judgement of a human hand. What appears somewhat more sophisticated and polished is also more reproducible.

When asked to reflect on my experience as a female architecture student, this question of value - particularly of historically feminised crafts - felt unexpectedly relevant. Textile work has long been associated with women and domestic labour and therefore devalued and positioned outside the realm of serious production or art. Analogously, women architects were historically steered towards domestic architecture and interior design. Stratigakos notes, it was considered that the female designer’s ‘essential womanliness’ made them naturally suited to the home, a space which was private, emotional and minor [1]. Civic or infrastructural projects were considered prestigious and carried heftier financial rewards, and as such were reserved for male architects. Qualities associated with women such as emotion, interiority, and care - domesticity, were treated as secondary and women were excluded from typologies that defined architectural ambition.

Crochet. Image Credit: Róisín Hayes

Le Corbusier described the house as ‘a machine for living in’, prioritising standardisation, efficiency and rational function over decoration or atmosphere. The aesthetics of stark functionalism has continued to shape contemporary architectural culture. Optimised plans, clean sections, seamless renders are easily produced, easily legible, and easy to defend. Contemporary techniques of modular or panelised construction used in large office or housing blocks can feel nearly human-less, designed and assembled by ‘the machine’ - although of course manual labour has indeed occurred [2]. The new age of AI further intensifies this condition; the machine in architecture. It can generate compelling plans, sections, and images in seconds. What it excels at are the same qualities architecture has long rewarded. Yet, just as a machine cannot feel the precise tension required for a double or treble crochet stitch, it does not possess haptic perception or a true sense of scale. Juhani Pallasmaa argues in The Eyes of the Skin that contemporary architecture’s dominance of image and form often comes at the expense of touch and care [3].

I recognise these tensions in my own education and practise. Formal strength, productivity, and technological fluency are often what succeed in crits. A rational plan can be convincingly argued, a clear section is reassuring. I have learned to provide a clear drawing to explain every essential argument or design choice. What I find harder to justify are decisions rooted in emotion; how I want a space to feel, how I imagine a body moving through it, why a corner should sharpen or curve, if a space should feel bright or dark. The more intuitive or impulsive my reasoning, the more difficult it is to articulate graphically or otherwise within a culture that prioritises efficiency and reproducibility.

Knit. Image Credit: Róisín Hayes

As a result, those qualities which resist such reproduction - those historically coded as feminine such as care - atmosphere and emotional intelligence have come to feel more important to me. Anyone can now optimise a plan; fewer can design for the subtle choreography of inhabitation or the quiet negotiations of domestic life. Eileen Gray argued, “A house is not a machine to live in. It is the shell of man, his extension, his release, his spiritual emanation” [4]. These sentiments can be read in her design of E1027. For example, the spacing of Gray’s pilotis are derived from internal spatial properties rather than mathematical calculations, and, as such, are wider in public spaces and narrower in those that are private [5]. Her layered window system retains a Corbusian panoramic view while simultaneously addressing the body’s vertically [6]. Her resistance to mechanisation was not superfluous or emotional, but human.

Architecture cannot be entirely abstracted from lived experience; it cannot be wholly mechanised. It demands a sense of human scale and feeling. This begs the question; why were care and emotional intelligence ever confined to the domestic setting? Are these not also essential skills required for the design of hospitals, schools, offices, or train stations? Those skills, historically feminised and therefore dismissed, may prove central to the profession which is being redefined in the age of AI. This renewed importance does not signal a retreat to domesticity. Instead, the craft of architecture and its attentiveness to atmosphere, material, and embodied experience gains value. What was once dismissed as soft may prove resistant.

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