A developer who has built 888 of 1520 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 necessary 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 the "new Part M" regulations of 2000 - which deal 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 companies are engaged in construction of a development of 1520 houses in 18 clusters on lands which formed part of the James Connolly Memorial Hospital at Blanchardstown.
Planning permission for the housing development was granted in December 1999 by An Bord Pleanala and development on foot of the permission began in February 2000.
888 houses have been built in ten clusters to date. Foundations have been dug for the houses in cluster eleven but all other work has ceased pending the determinaton of the legal proceedings.
The Minister has contended he cannot issue floor area compliance certificates - which are necessary for stamp duty concessions for new homes - if the 632 houses still to be built do not comply with the new Part M regulations.
The plaintiff companies claim the new Part M does not apply to dwellings to be constructed by it.