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Building Control Act 2007 in breach of EU law

  • 05-06-2014 1:24pm
    #1
    Registered Users, Registered Users 2 Posts: 1,155 ✭✭✭


    The third petition is P00003/14 from Mr. Christophe Krief concerns a breach of European law on competition, freedom of establishment and free movement of workers. Mr. Krief states the Building Control Act 2007 is questionable, totally discriminatory and in violation of the fundamental principles of European law and the free movement of workers with the EU Community. The current verdict of the European Ombudsman is that the Building Control Act 2007 is in breach of European law.

    We have had correspondence on this issue from a number of bodies. The Minister for the Environment, Community and Local Government, Deputy Phil Hogan, has recently signed into law the Building Control (Amendment) Regulations 2014 which came into force in March 2014.

    This new law stipulates that only three groups of professions will be authorised to design and certify compliance with building regulations. The Chartered Institute of Architectural Technologists, CIAT, has been excluded for no reason. This means that Mr. Krief will not be allowed to continue to work in Ireland. CIAT has prepared a complaint to send to the European Commission.

    The committee has deliberated on the correspondence from a number of bodies. As we think the correspondence clarifies the matter, it is proposed to forward it to the petitioner and the petition be closed.

    source

    If the Dail Deputy is accurate in all he says in the above quotation , in particular the part I have emphasized can anybody guide me as to what may happen next.

    ( I am an Architectural Technician (AT) affected by the Building Control Act 2007 and Building Control (Amendment) Regulations 2014 )

    Is it inevitable that our domestic law must now change to provide for AT's to be included to to design and certify compliance with building regulations ?

    If yes , is there a time frame - could the Irish govt prevaricate for years ? could they appeal the "The current verdict of the European Ombudsman" ?


Comments

  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    4Sticks wrote: »
    source

    If the Dail Deputy is accurate in all he says in the above quotation , in particular the part I have emphasized can anybody guide me as to what may happen next.

    ( I am an Architectural Technician (AT) affected by the Building Control Act 2007 and Building Control (Amendment) Regulations 2014 )

    Is it inevitable that our domestic law must now change to provide for AT's to be included to to design and certify compliance with building regulations ?

    If yes , is there a time frame - could the Irish govt prevaricate for years ? could they appeal the "The current verdict of the European Ombudsman" ?
    Why should it be changed? What qualifications/competencies would warrant your inclusion on the list?

    PS I'm an engineer but not really affected by building control as I dont work in this area


  • Registered Users, Registered Users 2 Posts: 1,155 ✭✭✭4Sticks


    godtabh wrote: »
    Why should it be changed? What qualifications/competencies would warrant your inclusion on the list?

    I don't intend to be drawn on those questions here.

    I hope someone here can answer the queries I have posed - please.


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