13 June 2024
The Royal Society of Ulster Architects (RSUA) has today made a public appeal for amendments to controversial legislation being rushed through the Assembly which would retrospectively extend liability for defects in houses and apartments from 6 years to 30 years.
The professional body for architects in Northern Ireland is concerned that the legislation could result in innocent parties being held liable for the faults of others. The architects also fear that applicants seeking to access the Government’s Building Safety Fund for cladding remediation would be negatively impacted.
The organisation has sought reassurances from the Minister for Communities but these have not been forthcoming.
Ciarán Fox, Director of RSUA, said, “The proposed changes to the Defective Premises Order have been brought forward with good intentions and we support the Executive’s desire to act quickly. RSUA shares the desire to see urgent improvements in building safety and quality. Indeed, RSUA issued a statement of dissent in the Government’s report on Improving Safety in High Rise Residential Buildings in Northern Ireland due to the absence of firm targets and timescales for implementation.”
“However, while no-one has set out to make innocent people liable for the faults of others, this legislation blows that possibility wide open. For example, an 85-year-old architect who has done nothing wrong could potentially be held liable for defective building materials in a housing project she designed when she was 55. This legislation would not hold the supplier of the faulty material liable and there would be a high risk that the building company would no longer be in existence.”
The Minister for Communities has also failed to provide any reassurance that this legislation will not create an additional hurdle for apartment owners seeking to access the Government’s Building Safety Fund for cladding remediation.
Mr Fox said, “It is our understanding that the Building Safety Fund requires all alternative avenues for redress to have been explored before turning to the Fund. A change in the limitation period from 6 years to 30 years may put this funding at risk of delay as it would open-up a previously unavailable avenue for redress.”
“In trying to help solve one problem, and it’s not clear that it will even do that, this legislation as it stands could actually create many other problems.”
“The Minister makes a great play of the fact that this is about bringing Northern Ireland into line with England and Wales but it doesn’t really. This replicates a few paragraphs from the Building Safety Act which runs to over 300 pages. It’s one tiny piece of an enormous jigsaw that doesn’t make sense on its own. It’s also notable that neither Scotland nor the Republic of Ireland has followed England’s lead.”
The Further Consideration stage of the proposed legislation is scheduled for next Tuesday, 18 June 2024, at the NI Assembly.
Mr Fox stated, “Whilst this legislation is being railroaded through, there is still an opportunity for MLAs to agree amendments to ensure that homeowners are better protected, that liability for defects does not fall on innocent parties and that access to the Building Safety Fund is not impeded.”
“Our sympathies lie with the residents of the Victoria Square Apartments who have been unable to live in their homes for the last 4 years. As stated to the Minister, we believe there needs to be a better way to handle such problems when they arise that focuses minds on fixing the problem first. Who foots the bill should come later.”
RSUA briefed the NI Assembly’s Committee for Communities on the proposed legislation on 16 May 2024. For further information view briefing document.
