Published 27/11/2012 | 10:30
THE MAYOR of Fingal has called for emergency legislation to extend the statute of limitations for building control enforcement to aid homeowners affected by pyrite who are taking legal action against developers.
Mayor of Fingal, Cllr Cian O'Callaghan (Lab) asked that the Government to 'initiate as a matter of urgency, legislation to extend the statute of limitations with regard to building construction and building control enforcement to ensure that legal action can be taken by homeowners and building control authorities with respect to pyrite and other major building defects. But the council explained, that the Mayor's suggestion would not be easy to implement. It said: 'Legislation is presumed to apply after, not before, the date of enactment in every case (it is 'prospective'). 'However, sound the reasons may be for retrospective provisions, there is a presumption that such legislation, as may be retrospective, may have potentially serious implications for legal and constitutional rights and that it is, in this respect, on a prima facia basis, unjust.'