A construction defect consultant who admitted misrepresenting himself as a registered building surveyor has been given a chance to avoid a court conviction.
Damien Brennan, Kiltubrid, Three Mile House, Monaghan, pleaded guilty to wrongly using the title building surveyor on a budget costing document for an €800,000 project on 9 May 2019.
The offence is contrary to Section 46 of the Building Control Act, 2007 and can carry a fine of up to €5,000 and a 12-month sentence.
The prosecution at Dublin District Court today was brought by the Society of Chartered Surveyors Ireland (SCSI), the leading professional body for property, land and construction professionals in the State.
Judge Anthony Halpin said he would spare him a recorded court conviction if he donated €250 to a charity and paid €1,000 toward prosecution costs within the next 12 months.
Registrar of the SCSI Gwen Wilson agreed with prosecution counsel James Gageby (instructed by solicitor James Meighan) that the society's website outlined requirements for membership to ensure safety.
The public can check if someone holding themselves out as a building surveyor is on the SCSI register.
Ms Wilson said Brennan referred to himself as a "consultant building surveyor" and attached the SCSI logo in a signed document quoting €800,000 for remedial work to an apartment block.
The court heard that certain minimum qualifications were required for SCSI registration, but the society also allowed some other construction professionals who could demonstrate they had ten years of experience.
The SCSI witness said Brennan was sent a cease and desist letter last year, and he replied two months later.
However, he has yet to do so and has not provided any information about his qualifications.
The court heard he had no previous convictions.
The SCSI registrar agreed with defence counsel Alison Fynes that Brennan explained in email correspondence that it was a legacy issue and he had not used the term for several years.
Ms Fynes asked the court to give him credit for his guilty plea, which was of assistance to the prosecution, and to note he intended to apply to the SCSI.
The court heard that there had been a tragic family bereavement when the society contacted him.
Counsel said he had worked in construction with his father for 20 years since childhood and moved into business management.
He also had a Dundalk Institute of Technology certificate in building surveying. The court heard he commenced further studies but left them to take up work.
The court heard he runs a consultancy company and intends to set up an online platform to give free advice about building defects to members of the public.
Adjourning the case for one year, Judge Halpin said it was clear that Brennan was greatly experienced from years of working on site with his father, and he was sure that the society would admit him to the register.
