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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.

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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A collision in the field of architecture

Kristyna Korcakova
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Kristyna Korcakova
Ciarán Brady

There are two ways to look at the collision of one's beliefs having pursued an architectural degree, and starting one's first job in architecture. A collision between one's assumptions and reality may not be the nicest experience, yet it can be truly valuable. Such collision, as long as either of the two doesn't change, is inevitable. Such a collision between an architecture graduate's thoughts, and the reality of working in a practice can have positives and negatives – but such an occasionally uncomfortable thing can be beneficial, and in fact broaden a graduate's skillset.

When the two worlds collide

Architecture is mainly taught through a five-year course. Students optionally, and quite often, take ‘a year out’ between third and fourth year to (most often) work in architectural practice, which is likely to be their first long-term and intense experience with architecture as a career. As long as architecture is taught in the manner it is, the collision between a student's assumptions and beliefs, and their real-world priorities is almost inevitable.

Such a collision creates an opportunity to question their real-world priorities, and might possibly lead to their improvement, or at least understanding of their role in practice. This can make following their principles easy, intentional, and sensible. However, such collision can, in reality, prove an obstacle – when the theory and the practice don't align, the theory can often feel like a waste of time. This should, in turn, be an incentive to challenge the theory or even practice, so that students and graduates would feel more familiar with life after graduation – if familiarity is considered the only ‘right’ way to be prepared.

Collision as a benefit and an opportunity

Collision between one's assumptions, beliefs, and priorities, and with every-day architectural practice is inevitable due to the nature of how architecture is sometimes taught. In college, one goes through years of working on various projects in theory to learn how to think when it comes to creating space. For instance, one is expected to pay attention to how the space feels, how it gets constructed and used, about its environmental impact, and last but not least, what it looks like.

Nonetheless, designing in an architectural studio seems to be rarely led by these criteria, although they are hopefully the ultimate goal. For example, affordability, practicality, and buildability most often seem to be more important than aesthetics, comfort, and innovation.

Aesthetics is invariably resolved by manufacturers producing a tested list of windows and doors, bricks, kitchen cabinets, and roof tiles to choose from, which are generally considered aesthetically pleasing, but most importantly buildable. They are mostly prefabricated and rely on certification, and a builder’s familiarity with them. This in turn ensures that they are the most affordable option, a priority – particularly in housing. An attempt to use bespoke windows, with a particular aesthetic in mind, will prove pointless due to the cost of production, testing, and certification. This naturally leads to a question as to whether one can design and construct a thoughtful building whilst almost entirely using prefabricated products. More pertinently, a graduate may wonder whether one can aspire to design aesthetically pleasing buildings at all – these may begin to feel like the naïve remain of the college experience that fades away with time?

Comfort has been (allegedly) defined by minimum sizes of houses and apartments, along with sizing bedrooms, storage spaces, living spaces, balconies, and terraces through housing guidelines – along with often-used typical details of construction elements such as precast concrete floor slabs, or particularly timber frame panels. In this instance, it feels as if there is no need for another Le Corbusier´s ‘Modulor’ studied in the college environment. Here, one was encouraged to re-think what has been established to understand it, and to aspire to improve upon it. Indeed, the fact that something has long been constructed in a certain manner does not mean it is being built in the right way – so how can one be sure that the prescribed and recommended design is ideal, if one is not encouraged to question it?

Innovative solutions are imprisoned between building regulations and cost requirements that are often non-negotiable. One can either view them as a challenge or as a barrier, and given architecture's role in tackling various societal issues and in making our environment a better place, it feels best to see them as a challenge.

In truth, the collision between a freshly college-influenced mind and the architectural world poses several questions which could lead to an improvement of the real-world rules by which we construct spaces, an improvement rooted in not accepting reality as it is. In other words, I believe perceiving all the limitations as a challenge rather than as a barrier is the best way in which to improve our built environment.

Collision as an incentive

Nonetheless, the collision between architectural theory and architectural practice can also be viewed as a wrinkle that needs to be ironed out of a graduate. Resolving this discrepancy can be performed by changing the means by which architecture is taught, by establishing fewer rules, and by making both theory and practice more intertwined.

Architectural courses should enhance one's creative and problem-solving skills, as well as one´s interest in new solutions and techniques. However, in practice affordability and practicality often prove more important than aesthetics and innovation precisely because they ensure people have a roof over their head, and the safety provided by that essentially offers comfort. It can often feel as if there is no use in pursuing one´s creative skills and innovative thinking, as building regulations and design manuals have already tackled various scenarios. In this reality, architectural courses should perhaps be more reflective of the real work environment, and the philosophy of practice.

This collision could be avoided by changing the way architecture is taught. If theory were more like everyday practice, graduates would be provided with a more realistic view of what a career in architecture will be like. In principle, this would allow a student make a more informed decision as to whether a career in architecture is what they aspire to.

Collision as a way to improve

This collision is a good thing because it creates potential for improvement, and disillusion can encourage one to discover a different way to make use of one's skills. It creates space for questioning, understanding, and possibly improving architectural practice and, in turn, our environment – rather than choosing to resign oneself to an inevitability.

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In this article Kristyna Korcakova discusses the preparation education provides architectural graduates, and explores whether this is the most accurate preparation for architecture in practice.

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Foundations of stone, or sand?

Lorcan Sirr
Present Tense
Lorcan Sirr
Ciarán Brady

The idea that politicians will manipulate or misrepresent data to paint a favourable picture, as seen at last November’s election when multiple government ministers claimed 40,000 houses would be built in 2024, knowing full well that was nigh-on impossible, is nothing new. Back in the 1960s, new houses were counted when any grants due were paid, and on becoming the new minister with responsibility for housing, Neil Blaney made sure housing grants were paid under his tenure and not the previous incumbents, so he could claim credit for houses started and finished before he was in office. That’s politics, and often housing, one of the most political of policy areas.

Sixty-odd years later, data is still being misused and abused. In some ways, it is more worrying now as data increasingly informs policy (a good thing), but the data is often not independent, nor rigorous in its production (not so good).

When tackling the issue of housing completions, it is important to note that since the 1970s we now count a new house when it is connected to the electricity grid. The issue here is that housing is most often connected to the electricity grid long before it is finished, and so it could be up to a year before the ‘connected’ house is ready to occupy. Neither does being connected to the electricity grid mean it is legal to occupy – that status is only conferred on receipt of a Certificate of Compliance on Completion (a ‘Completion Cert’).

So, housing completion numbers are nine to twelve months ahead of themselves. 2024’s 30,300 ‘completions’ will come on stream for occupation all through 2025, and maybe even into 2026. Our completions aren’t really complete.

Indeed, we are lucky we are counting houses properly at all. Until 2017, the Department of Housing had been overcounting the number of new houses being completed in the country by up to 58%. New electricity connections had been including every “warehouse, farmhouse, henhouse, outhouse and doghouse” – to misquote Tommy Lee Jones in The Fugitive – as well as actual houses. Defending his overzealous officials, the Minster at the time said: “All I can do is use the same methodology that we’ve always used” [1], which was untrue.

Under his successor, Eoghan Murphy, it was discovered that the officials knew all along the numbers were overestimated when he asked them to calculate more accurate statistics –  “Yes, but the right figure will show fewer new houses, Minister.”

There are question marks hanging over a lot of other data too. Are we really short 484,000 new houses in Ireland, or some 22% of the current housing stock, as per a recent report from Hooke and MacDonald, the estate agents whose main business is selling apartments? Why do we count density per hectare in terms of the number of housing units (e.g. eighty per hectare) instead of number of bedspaces, which is a much better metric as it focuses on the number of people being accommodated. The answer, of course, is that more units generate more rental income, and increasing bedspace density would mean having to build larger apartments, thus reducing the income-generation potential of developments.

Will more supply bring down house prices? No, it never has, as supply is only a small part of house price inflation – interest rates and wages are much bigger drivers. Should it really cost €590,000 to build a two-bedroom apartment? Councils do it for an average of €345,000.

Do we really need €20 billion a year of international investment in the Irish housing system, most of which will be used to build apartments solely for rent? This is a typology few want for a plethora of reasons (poor construction and challenging owners management issues, for example), and a tenure about which the Department of Housing’s own research contradictorily found 86% of non-home owners aged 25-49 want to be home-owners? Homeless numbers bizarrely only count those with some form of a roof over their heads, and also exclude 3,500 homeless international protection applicants.

According to the Central Statistics Office, Ireland had 163,433 vacant houses at the last census in 2022. According to GeoDirectory, a commercial database company set up by An Post and Tailte Éireann, there are less than half that number – at just over 82,000 empty houses. That is quite the difference, and yet attempts to understand this difference by looking at GeoDirectory’s methodology (the CSO’s is publicly available) are difficult as they don’t release it. Yet it is the GeoDirectory number that ministers cite when they want to underplay their lack of progress in tackling vacant housing for many years now.

This is all fun and games for housing data nerds, but it is also highly risky. A lot of panic-inducing common narratives are provably untrue (e.g. RPZs don’t work), yet still recited ad nauseum by wilfully or otherwise naive politicians and other commentators, and are sometimes found influencing housing policy. Claims that tens of thousands of housing units were held up by judicial review led to legally dubious sections in the new Planning and Development Act. Claims that it is simply not viable (whatever that means) to build apartments has led to subsidies of up to nearly €250,000 per apartment [2]. Claims that we are short an untold number of apartments will lead to further wooing of international money; and so on. All of this comes at a cost, not always financial.

Policy then becomes policy for those with political access, investors, and other overseas landlords, not policy for decent housing. Ireland’s official housing document, ‘Housing for All’, becomes ‘Housing for the Top One Per Cent’, as like in all good housing crises, the political and lobbyists answer to a housing crisis is yet more luxury housing.

In the absence of a meaningful response from the state, the private sector has the state over a barrel. Housing policy will never succeed when its foundations are wobbly.

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In the the context of the recent controversy around housing completion figures, Dr Lorcan Sirr explores the subjectivity of housing statistics, and the impact these figures have on housing policy.

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The (un)shared burden of local infrastructure

Seán O'Neill McPartlin
Present Tense
Seán O'Neill McPartlin
Ciarán Brady

Ireland is one of the most expensive places in Europe to build a home. Materials and labor have been outpacing inflation since the 1990s. Irish apartments are now subject to rules so strict that they’re the second most expensive in Europe [1] to construct. On top of these high construction costs, there's another factor weighing on prices: the cost of basic infrastructure – water pipes, roads, community parks – that new residents end up footing. I want to talk about how spreading the costs more fairly could benefit everyone, not just newcomers.

Historically, local authorities used to pay for infrastructure through a combination of national grants, commercial rates, and domestic rates, which had been in place for decades. In 1978, though, the Local Government (Financial Provisions) Act removed domestic rates. That decision effectively ended the system where water and other utilities were funded by the public as a whole. Today, first-time buyers and renters shoulder a heavier share of the bill.

Take water connections as an example. Uisce Éireann manages and maintains Ireland’s water infrastructure and is overseen by the Commission for the Regulation of Utilities. In principle, it receives the bulk of its budget from central government. However, under the Planning and Development Act 2000, new developments also pay a Section 48 levy to local authorities and a separate water connection charge to Uisce Éireann itself. Of the agency's total funding in 2024, about €72 million [2] came directly from new domestic connections. And much of these charges are passed onto first-time buyers and renters.

The most recent iteration of Uisce Éireann charges come from the 'Shared Quotable Rebate' (SQR) system. It was introduced to address the ‘first mover disadvantage’, where a developer faced with the cost of building water infrastructure is deterred by the high upfront cost. The SQR tries to fix that by offering partial rebates to the initial investor if later developers connect to the same infrastructure. Unfortunately, it does so by shouldering the first mover with significant upfront costs.

Increasing the upfront cost of delivering homes decreases housing supply by discouraging investment in housing, a point firmly made by the Report of the Housing Commission. It makes investment in housing riskier than it already is and that is something Ireland cannot afford. The Department of Finance [3] says that to deliver 50,000 homes a year, approximately €16.9 billion would be required from private capital sources. Making that investment riskier by increasing the upfront cost will inevitably result in fewer homes.

Housing Construction. Image Credit: Laura Hutton/RollingNews.ie

Underpinning all of this is a question of fairness: why should people who don’t yet own a home pay more for water or roads than those who have lived in the area for decades? A more promising path is to spread these essential costs across all residents through local property taxes, much as local authorities did before 1978 through domestic rates. Reintroducing that broader tax base doesn’t just solve a moral dilemma; it also supports a more robust approach to financing critical infrastructure.

When the burden of infrastructure is shared, builders can invest more confidently in new homes. That means more projects can move forward, and the houses or apartments that get built are more affordable than they would be under the current system. Lower home prices, in turn, make it easier for first-time buyers to enter the market.

Such a shift also creates a better incentive structure for local authorities and residents. With a broader property tax base, local governments can collect predictable and reliable revenues from both existing and newly built homes. They would have a stronger reason to champion growth in their communities – because every new project would predictably contribute to the overall fiscal health of the community. Rather than relying on upfront fees which slow down development, property tax revenues grow as developments fill up. Revenues can then be reinvested in better roads, public spaces, and social services, further enhancing the area’s appeal and attracting more residents and businesses, creating a win-win for local residents and newcomers.

Sharing the costs of infrastructure across all taxpayers isn’t just about fairness (although it is about that). It is about making the incentives of development align toward shared prosperity. The payoff is a virtuous cycle in which everyone – newcomers and existing residents alike – benefits from a healthier housing market and a better-resourced public realm.

17/3/2025
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In the midst of the housing crisis, Seán O'Neill McPartlin discusses the increasing inequality in how we fund infrastructure, and the need to share this burden to incentivise new development.

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