AQW 37094/22-27


Mr Colin McGrath
Social Democratic and Labour Party
South Down


Tabled Date: 09/12/2025
Answered On Date: 06/01/2026
Priority Written: No


Question:
To ask the Minister of Health to detail any statutory regulation currently not being met across the health and social care estate, given that almost 60 per cent of the estate is not fully compliant.


Answer:
The State of the Estate Report notes that 60% of the estate is compliant with statutory legislation with 40% not fully conforming.
When making this assessment, it is important to acknowledge that approximately 46% of the Estate is over 50 years old.
When constructed, these facilities complied with the relevant standards at the time of installation, however as building codes and safety regulations evolve over time, these buildings no longer comply when assessed against current legislation. It is important to note that whilst backlog maintenance liability is significant and is considered a corporate risk all buildings in use have been assessed as remaining in a safe state to support Trust service delivery. Legislative authorities generally do not require existing buildings to be updated to meet new legislative standards, unless significant renovations are planned or the building's use changes.
Statutory regulations currently not being fully met across the health and social care estate are listed below alongside several mitigations that are in place to enable the non-compliant premises to remain in use:
Regulation
Mitigations  
Electricity at work (Northern Ireland) 1991
Control of Asbestos Regulations 2012
Control of Substances Hazardous to Health (COSHH) e.g. Water Borne pathogens, Legionella
The Fire Safety Regulations (Northern Ireland) 2010
Disability Discrimination Act (DDA)
Robust governance arrangements are in place
Independent Assessment of Governance Arrangements by Authorised Engineers
Regular Inspections of Facilities  
Inspections by external bodies (both planned and adhoc)
Asbestos surveys and register
Trusts Water Safety Plan
COSHH audits biannually
Fire risk assessments completed for all facilities
All Trust fire safety advisors hold appropriate external accreditation