This document sets out a summary of key points included in the Building Control (Amendment)
Regulations 2014 as amended by the Building Control (Amendment) (No.2) Regulations 2015 (S.I.No.
365 of 2015) You should refer to the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of
2014) and the Code of Practice for Inspecting and Certifying Buildings and Works under the Building
Control Regulations 2014 (February 2014) as published by the Department of the Environment
Community and Local Government for definitive responsibilities in this regard.
Note: This document provides general information. It is not a legal interpretation of Building Control
Regulations and should not be considered as such. Further guidance can be sought by contacting your technical advisor or your local Building Control Authority.
1.
New provisions apply to the following works where Commencement Notice is lodged on or after 1 March 2014: a.
An extension to a house of greater than 40 sq metres. b.
A new house. c.
Works or buildings which require a Fire Safety Certificate.
2.
An owner intending to build a dwelling for their own use may take on the role of builder for building control purposes and sign the obligatory forms which must be signed by the builder.
3.
An owner of works involving the construction of a new single dwelling, on a single unit development, or of a domestic extension, has the facility to opt out of the requirement to obtain statutory certificates of compliance signed by a registered construction professional. A homeowner who wishes to avail of this facility must, when submitting the commencement notice, sign and submit the new form of “Declaration to Opt Out of Statutory Certification”.
In this situation, the homeowner is no longer required to provide the following:
• The preliminary inspection plan prepared by the Assigned Certifier
• A Certificate of compliance (Design)
• Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier)
• A Certificate of Compliance (Undertaking by Builder)
• A Certificate of Compliance on Completion, and accompanying document.
For the avoidance of doubt, a homeowner who opts out of the statutory certification process is required, prior to commencement of works, to submit a commencement notice accompanied by:
A Declaration of Intention to Opt Out of Statutory Certification
Such plans, calculations, specifications and particulars as are necessary to outline how the proposed dwelling or domestic extension will comply with the Building Regulations.
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4.
Where the ‘Opt Out’ provisions do not apply and are not availed of, an Owner signs and arranges for submission of Commencement Notice electronically to the Building Control
Authority (BCA) with: a.
Name of Builder including CIRI registration number where applicable. b.
Building Designer Details with his/her practice number where relevant. c.
Schedule of Documents to include general arrangement drawings and schedule of drawings available or to be available during the project construction. d.
Preliminary Inspection Plan.
5.
Commencement Notice is to include: a.
Design Certificate: Form of Certificate of Compliance (Design) signed by Designer to include his Registration Number and Practice Registration Number where relevant. b.
Notice of Assignment of Assigned Certifier including his Registration Number, to be signed by the Building Owner. BCA requests for information may be sent direct to the
Assigned Certifier. c.
Undertaking By Assigned Certifier: Form of Certificate of Compliance signed by
Assigned Certifier. d.
Notice of Assignment of Builder to include Builder’s CIRI Registration Number where applicable, to be signed by Building Owner. e.
Undertaking by Builder to be signed by Builder confirming his engagement to construct the works and to construct the works according to plans and specifications and the building regulations. Builders CIRI Registration Number to be included where relevant.
6.
Builder and all nominated parties to the Commencement Notice will have to register with the
BCA in respect of Commencement Notices lodged. Builders nominated on Commencement notices will receive automated email from the BCMS IT system requesting their confirmation of appointment etc, and requiring signatures on the statutory notices to be returned by uploading the scanned document to Building Control.
7.
All above statutory notices must be completed accompanied by: a.
General arrangement drawings. b.
Schedule of drawings available and to be available. c.
Preliminary Inspection Plan. d.
Fee.
8.
BCA has 7 days to reject or validate Commencement Notice.
9.
The Building Control Management System (IT system operated by BCAs) should be updated on an ongoing basis with relevant drawings and specifications as are warranted to demonstrate compliance with Building Regulations.
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10.
Inspection Notification Framework to be agreed between Assigned Certifier and
Owner/Builder. This will detail the various stages of the construction project which the
Assigned Certifier must be notified at by the Builder for inspection.
11.
Buildings or works cannot be used or occupied until Certificate of Compliance on Completion is registered by the Building Control Authority. Certificate of Compliance on Completion to be signed by: a.
Builder, and b.
Assigned Certifier.
12.
Ancillary Certificates - Certificate of Compliance on Completion should include: a.
Additional relevant drawings and specifications to demonstrate compliance with the
Regulations and for amendments to any drawings/ specifications that may already have been lodged with the BCA. b.
Ancillary Certificates relied upon by the Builder and Assigned Certifier. c.
Inspection Plan as implemented by the Assigned Certifier.
13.
BCA has 21 days within which to register, reject or request clarification/ additional information prior to registration of Certificate of Compliance on Completion.
14.
Provision is included for a ‘Prior Notification Procedure’ whereby the BCA, between 3 and 5 weeks prior to completion, can be notified by the Assigned Certifier of the nominated date for completion and furnished with the required documentation demonstrating compliance and the Inspection Plan as implemented. This enables the BCA to consider validity of the prospective certificate so that it may be included on the register when submitted on the nominated date.
15.
Where clarification/ additional information in relation to the Completion Certificate is sought by the BCA and such documentation is subsequently submitted to the BCA, the BCA has 7 days to consider the validity of the submission. If no action is taken by the BCA, Certificate of
Compliance on Completion is placed on the statutory register.
16.
Refer to the Code of Practice for responsibilities where Owner, Assigned Certifier or Builder changes during the course of a project.
General Comments
1.
Builders must ensure that a validated Commencement Notice is lodged with the BCA prior to commencing works.
2.
There is no provision for retrospective lodgement of Commencement Notices.
3.
The Assigned Certifier has a project management role to perform with regard to lodgement of drawings and updating the BCMS IT system. If this role is not undertaken effectively, it could lead to serious difficulties on application to the BCA for registration of the Certificate of Compliance on Completion.
4.
It is advisable that the nature of Inspection Plan to be implemented should be known to the
Builder before he signs the contract for the works.
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5.
A suite of Ancillary Certificates of Compliance have been agreed by industry professions including the CIF. Builders should note in particular The Agreed Practice Note dated
November 2014 which clearly states that the CIF Ancillary Certificates are to be used by
Subcontractors and Sub-Sub-Contractors who undertake construction and supervision work and related elements of design for that work.
6.
It is up to Builder nominated on the Commencement notice and who will sign the Certificate of Compliance on Completion to determine the scope of ancillary certification required from sub-contractors engaged on the project. These ancillary certificates should also address design work undertaken by sub-contractors engaged on the project.
7.
The Builder accepts full responsibility for any design work undertaken by him.
8.
The Builder can only rely on the drawings and specifications supplied to him by the designer for the project.
9.
The Builder always had a responsibility to build in accordance with the Building Regulations.
The actual Regulations haven’t changed, but the administrative and oversight requirements have.
10.
Any new building or works subject to the new arrangements cannot be used or occupied until the Certificate of Compliance on Completion is registered with the Building Control
Authority.
11.
Further guidance will issue in relation to compliance and enforcement of the Construction
Products Regulations.
12.
In the case of new estate houses or apartments, the following should be made available to solicitors for conveyancing purposes: a.
Copy of the Certificate of Compliance on Completion (Article 20F) as executed by all parties; b.
Evidence of BCA registration of the Certificate of Compliance on Completion.
13.
In the case of commercial developments, more comprehensive certification may be required at completion. The detail of this certification should be agreed pre-contract.
Hubert Fitzpatrick
Director
Construction Industry Federation
27 July 2016
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