A developer who has built 888 of 1,520 houses in a complex at Blanchardstown, Co Dublin, has taken a High Court challenge to a decision by the Minister for the Environment that the 632 houses yet to be built must each have disabled access before they can secure floor area compliance certificates.
The certificates are needed for stamp duty concessions for new homes. The dispute is over whether the houses yet to be built must comply with or are exempt from building regulations - known as "new Part M" regulations of 2000 - dealing with access for people with disabilities. The action has been brought by the Adroit Company and Granbrind Limited, both with registered offices at Rathgar Road, Dublin, against the Minister for the Environment, Heritage and Local Government. The new houses are being built on lands which formed part of the James Connolly Memorial Hospital at Blanchardstown.
The plaintiff companies claim the new Part M does not apply to dwellings to be constructed by it because a planning application was made on or before December 31st, 2000 and "substantial work has been completed" by December 31st, 2003. The essence of the dispute is whether the term "substantial work has been completed" relates to work done on foot of the planning permission as a whole or to work carried out on each individual new dwelling.
Mr Justice Kelly listed the case for mention today.