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Building Control (Amendment) Regulations 2014

The Building Control (Amendment) Regulations (SI 9/2014) were published in January 2014.

As we reported in relation to the 2013 Regulations, the new Regulations make significant changes to the procedures for administration and enforcement of building control in Ireland. A commencement notice is required to the design and construction of a new dwelling, an extension to a dwelling involving a total floor area greater than 40 square metres, and works for which a fire safety certificate is required.

If a Fire Safety Certificate is required and has not yet been granted, the 7 day notice procedure should be used in lieu of the commencement notice.

The main changes are as follows:-

  • Concerns were expressed by professionals (and their insurers) that the forms of certificates of compliance to be given by designers and assigned certifiers under the 2013 Regulations were too onerous and potentially uninsurable. Following consultation with the various professional bodies, the certificates have now been amended to refer to the exercise of reasonable skill, care and diligence by the designer/certifier and to the fact that the certificates are given in reliance on the certificates of various other parties involved in the design and construction of the works (the ‘ancillary certifiers’).
  • Commencement notices and 7 day notices must now be accompanied by plans, calculations, specifications and particulars necessary to outline how the proposed works or building will comply with the Building Regulations, as well as certificates from the designer and builder, and appointments of the builder and of an Assigned Certifier. A preliminary Inspection Plan should also be lodged; the Assigned Certifier will undertake to implement the Inspection Plan during the course of the works.
  • The Assigned Certifier must be a registered construction professional, must undertake to carry out inspections (in accordance with an inspection plan), co-ordinate inspections by others (such as specialist subcontractors) and to certify compliance with the Building Regulations in the Completion Certificate.
  • Both the Assigned Certifier and the builder must sign a Certificate of Compliance on Completion, in which they each certify that the building complies with the Building Regulations.  A building may not be opened, used or occupied until a Completion Certificate in the prescribed form is on the public register to be maintained by building control authorities.
  • The information to be included by building control authorities on the public register has been significantly expanded to include the certificates that must now been lodged with the commencement notices and 7 day notices, as well as certificates of compliance on completion.  It is contemplated that the plans and specifications lodged with commencement and 7 day notices shall also be available on the register (the requirement in the Regulations is that ‘brief particulars of a building or works’ should be included on the register).
  • An electronic administration system (the Building Control Management System) is being established in order to deal with electronic submission of documents, correspondence with parties, and co-operation between building control authorities. It will still be possible for paper submissions to be made, but shorter time-frames for validation and responses from the Building Control Authority are prescribed where the Building Control Management System is used.

The Building Control (Amendment) Regulations 2013 (SI 80/2013) have been revoked. The 2014 Regulations come into force on 1 March 2014.

If you have any queries on any issues raised in this article please contact Deirdre Ní Fhloinn at deirdrenifhloinn@reddycharlton.ie


Keywords: Publication, Construction, Property, Deirdre Ní­ Fhloinn

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