August-22-2014 in Property
Owners must now comply with tighter controls when making changes to property. Marie O’Riordan offers a brief overview of the new regulations.
The Building Control (Amendment) Regulations 2014 (the “Regulations”) came into effect on 1 March 2014 and apply to any development where a Commencement Notice was filed after 1 March 2014. If you intend making any changes to your property (residential or commercial) in future, you will need to bear the Regulations in mind as they place obligations on you, as property owner, in relation to development.
It is envisaged that the Regulations will play a substantial role in improving the system of building control in Ireland, thus improving the quality of building in general. But the additional controls mean that building owners, particularly self-build owners, will have to comply with the more onerous requirements summarised here. A trained professional (such as a Registered Architect, Building Surveyor or Chartered Engineer) must be involved throughout the building process.
When will the Regulations apply?
The Regulations will be relevant to you if you intend to a) design/build a new dwelling; b) build an extension covering a floor area of more than 40 sq meters or c) carry out any works and a fire safety certificate is required as a result.
What are the main changes?
A new form of Commencement Notice must be signed by the building owner and filed electronically on the Building Control Management System. There have also been significant changes regarding the documentation which needs to be submitted which, unfortunately, makes it more burdensome for the building owner.
The Commencement Notice must now be accompanied by the following:
- Outline Plans and Documentation.
- Certificate of Compliance (Design). This certificate must be completed by a design professional (either an Engineer or Architect) and confirms that the plans and other documentation submitted with the Commencement Notice comply with the Building Regulations.
- Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier). This form must be signed and completed by the building owner. The owner must nominate a person who is going to a) carry out inspections during the course of the works and b) certify compliance on completion. A significant provision now obliges the building owner to state they are satisfied that the person nominated is competent to inspect the building or works.
- Certificate of Compliance (Undertaking by Assigned Certifier). This must be signed by the Assigned Certifier. The said individual must state that they will undertake to use reasonable skill, care and diligence to inspect the building or works and further undertake to certify compliance with the Building Regulations.
- Notice of Assignment of Builder. This form mustto be signed by the building owner. It gives notice to the Building Authority of the person whom the owner has selected to carry out the work and, further, requires a statement that he or she is satisfied that the person(s) selected is competent to do so.
- Certificate of Compliance (Undertaking by Builder). This must be signed by the Builder confirming he will construct the building/works in accordance with the plans and is competent to do so.
- Certificate of Compliance on Completion. Before the building or works can be occupied or opened to the public, a two-part Certificate of Compliance is required. This must be signed by both the Builder and the Assigned Certifier and be accompanied by the Inspection Plan as implemented by the Assigned Certifier. This newer version of the previously used “Opinions on Compliance” now requires full as opposed to substantial compliance with the Building Regulations.
It is inevitable that compliance with the Regulations will result in additional costs being incurred. However, the improvement of building standards and practices as a result of the Regulations will be of significant benefit to all property owners in the long-term.
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