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Construction Industry

Dáil Éireann Debate, Wednesday - 18 March 2026

Wednesday, 18 March 2026

Questions (1006)

Cathal Crowe

Question:

1006. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if alternative EA MLA issued accreditation schemes other than the NSAI are acceptable for modern methods of construction; and if he will make a statement on the matter. [18521/26]

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Written answers

Ireland’s Building Regulations 1997-2024 set out the legal requirements for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings. Their aim is to provide for the safety and welfare of people in and about buildings. The minimum performance requirements that a building must achieve are set out in the Second Schedule to the Building Regulations. These requirements are set out in 12 parts (classified as Parts A to M). The Building Regulations are set out in functional terms. They are performance based and technology/material neutral.

The related Technical Guidance Documents (TGD A - M respectively), available at www.gov.ie/en/collection/d9729-technical-guidance-documents/, provide technical guidance on how to comply with the regulations in practical terms. Where works are carried out in accordance with the relevant technical guidance, such works are considered to be, prima facie, in compliance with the relevant regulation(s).

The overarching requirements of Part D (Material and Workmanship) of the Building Regulations is that all works should be carried out:

Using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.

• With a proper standard of workmanship and the appropriate use of any material to achieve compliance with the requirements of the Regulations.

Requirement D1 requires that all works to which these Regulations apply shall be carried out with proper materials and in a workmanlike manner.

Definition D3 defines “proper materials” as materials which are fit for the use for which they are intended and for the conditions in which they are to be used. The definition also provides means by which this can be demonstrated by reference to established standards, specifications, assessments, CE Marking and includes materials which comply with an Irish Agrément certificate.

Irish Agrément certification applies to those products and processes which do not fall within the scope of existing construction standards, either because they are innovative or because they deviate from established norms, for example Modern Methods of Construction. NSAI Agrément assesses, specifies testing, and where appropriate, issues Agrément certificates confirming that new building products, materials, techniques and equipment are safe and fit for purpose in accordance with the Irish Building Regulations and with the terms of the certificate. Such certificates may be in addition to, but not conflict with, CE marking.

All new dwellings must comply with the building regulations, building control regulations and achieve a durability in the order of 60 years for all key elements.

Responsibility lies with the owner, designer, builder and/or assigned certifier to ensure and demonstrate compliance with Parts A to M of the Second Schedule to the Building Regulations. The local Building Control Authority should be consulted in advance of the commencement of works, to discuss alternative means of demonstrating the requirements of the Building Regulations.

Enforcement of the Building Regulations is delegated under the Building Control Act 1990 to 2025 to the local building control authorities (i.e. the 31 local authorities) who are independent in the exercise of their statutory powers. This Department has no function in assessing whether product certification, or any completed works, comply with the Building Regulations.

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