https://www.localgov.ie/en
North-East Region
S.I. 9 of 2014
2014 Building Control Amendment Regulations
Building Control Regulations Seminar:
Building Control Management System (BCMS)
Building Control Authority-Requirements for Compliance
Most Common Mistakes
6th November 2014
Mairéad Phelan, BE, CEng, FIEI, MBA
BCMS Project Manager
LGMA-Project Management Office
1
Overview
• The Building Control Act 1990 provides for the establishment of
Building Control Authorities and forms the basis for all
subsequent Building and Building Control Regulations.
• Compliance essentially relied on “Light touch” or selfcertification/regulation with limited independent oversight.
Many buildings were built by people who had no training, legal
and/or professional advice regarding the science of construction
with disastrous outcomes.
• The 2007 Act provides for the recognition of professional
qualifications and this with the implementation of the
• 2014 Building Control (Amendment) Regulations provide the
industry with a new opportunity to “build” for the future. This
presentation will give an overview of the Building Control
Management System (BCMS) and the Building Control Authority
requirements for compliance.. Most common mistakes
• Best opportunities are always found on the heels of failure
2
Building Control Management System (BCMS)
Why-Common Mistakes!
https://www.localgov.ie/en
3
4
Building Control Act 1990-2007
Building Regulations
Building Control Regulations
Technical Guidance Documents
Applications- Dispensation/relaxation
Code of Practice
- Commencement Notices-CN
- Fire Safety Certificates-FSC
- Disability Access Cert-DAC
- 7-day notices-7D
- Lodgement of Plans
- Design Certificate
- Notices of Assignment
- Undertaking Certificates
- Certificate of Compliance
on Completion-CCC
- Inspection Plan
- Public Register
-Validation by BCA
Framework for BCAs
5
Regulatory Considerations in Building
ConstructionPlanning Acts
SHWW Act
Multi Unit
• Pre-planning
• PSDP
Development Act
• Development plans
• PSCS
• Certification from
• Taking in Charge
• Safety File
Competent Person
Health Act
Fire Services Act
Building Control Acts
• Designated Centres
• Occupation Phase
Building Regulations
• HIQA Registration
• Section 18(2) – Duty of
Building Control Regulations
• Certification from
Care
• FSC and DAC
Competent Person
• Section 18(6) – Fire
• CN and 7-Day Notice
Safety Assessment
• BCAR 2014
Sale of Goods &
Services
Contract Law
Arbitration Acts1954-1980
Construction Law
Construction Products
Regulations
Roads & Traffic Legislation
TIC-Traffic Management
6
Roles & DutiesOwners, Builders, Designers responsible for compliance
Assigned Certifiers- liaise with the BCA, inspection plans & document
collation for Certificate of Compliance on Completion
Building Control Authority administer the process and may take enforcement
Read
Roles &
Duties
7
BCMS- Local Authorities Collectively-One Voice
Supporting the promotion of the move to eGovernment…… online, Registration, Notices,
Applications, Certificates of Compliances, Inspection Plans, Compliance Documents
& Statutory Registers
BCMS making available user
videos with links on web page
9
Steps to accept a Role on the BCMS
1. When you are nominated for a role
you will receive the email below.
a) If you are already registered on the
BCMS click on the link to bring you to
the BCMS and login using your
username and password. Then
Proceed to step 6.
b) If you are not registered on the
BCMS see step 2 below.
2. If you are not registered on the system
you will also receive the following email.
Click on the long link listed in the email to
validate your email address.
10
3. Click on 'Log in'
4. Enter your password into 'Password' field and 'Confirm Password' field and click on
'Save'.
11
5. Create your BCMS profile by entering your details in to the form. Click on 'Save
Details'.
12
6. Click on the 'List Notices' tab and then click on 'Details' beside the notice
you have been nominated for.
7. Click on the 'Nominated Roles' tab, and click on the Accept/Reject button under
the 'Confirm Nomination' column.
13
User Account-Login or Create new account-all
stakeholders/users must register with system before can
accept a role-
14
How do I
reset my
password?
1. Click on this link: https://www.localgov.ie/en/user/password.
2. Enter your email address and you will be emailed a new password.
3. You should now have an email with the subject 'replacement login information'.
4. Click on the link within the email to reset your password.
5. Then click on 'log in'
6. Enter your password in the first box and confirm your password again in the
second box.
7. Click on 'list notices' tab.
8. Click on 'details' beside the project that you have been assigned for.
9. Click on 'nominate roles'.
10. You can then accept/reject the role.
How do I accept my
role?
Once you are logged in follow the below steps:
Click on 'list notices' tab.
Click on 'details' beside the project that you have been assigned.
Click on 'nominate roles'.
You can then accept/reject the role.
In order to update your qualifications you must login to your account and
How do I update my
click on the 'my account' tab and then click on 'update my details'. You can
qualifications?
then enter the details of your qualifications at the bottom.
How do I update my
If you do not have a builder qualification you can select 'other'
qualifications as I do not have from the 'registration type' drop down menu and click on 'save
a builder qualification?
details'.
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Purpose of Commencement Notice (CN)Secure Compliance- paperwork & design Health & safety of People in or around buildings
• 6(2)(k) notice to BCAs of the erection of buildings or carrying out of works.
• Comply with the requirements of the;
o Building Control Regulations-matters of Procedure, Administration &
Control.
o Building Regulations-technical design, energy conservation &
accessibility
17
Purpose of Commencement Notice (CN)
Secure Compliance with Building Regulations
Most Common Issues with Commencement Notices submitted to BCAs
• Incomplete Forms-all fields must be completed
• Dates omitted
• Signatures omitted
• Professional registration number omitted or completed n/a
• Q6 not completed at all
• No preliminary inspection plan or completely inadequate
• Planning drawings submitted with CN “for planning purposes only”
• No reference to the Building Regulations in any drawings
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Commencement Notice Mandatory Document Requirements
Schedule of Documents(Plans, Calculations, Specifications, Ancillary Certificates & Particulars)-Schedule that may be relied on
during process to demonstrate compliance with Building Regulations. All or some of these documents may be requested by the
Building Control Authority.
Documents/General Arrangements
Description-Plans, Sections, Elevations,
Compliance Statement Report, Ancillary
Certificates
(I)General Arrangements
Plan
Sections
Elevations
Compliance Statement Report
(II) a schedule of such plans, calculations,
List/Schedule- include those designed
specifications and particulars as are currently i.e. available and to be designed during
designed or as are to be prepared at a later
the project development
date,(potential list A-M compliances below)
(III) the completion of an online assessment, Complete this online
via the Building Control Management System,
of the proposed approach to compliance with
the requirements of the Second Schedule to
the Building Regulations,
(IV) the preliminary Inspection Plan prepared List milestone inspections and relevant
by the Assigned Certifier, and
Building Regulation Compliance issues
(I) a Certificate of Compliance (Design),
(II) a Notice of Assignment of Person to
Inspect and Certify Works (Assigned Certifier),
(III) a Certificate of Compliance (Undertaking
by Assigned Certifier),
(IV) a Notice of Assignment of Builder,
(V) Certificate of Compliance (Undertaking by
Builder)
Remarks-Available or to Reference No
available @ a later date
Plan
Plan
Plan
Report
Upload
upload
upload
upload
upload
upload
BCMS
Online
upload
upload
upload
upload
upload
upload
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Mandatory Statutory Forms accompanying a Valid CN
Don’t forget to
• download,
• sign &
• upload
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S.I. 9 of 2014 Document Requirement for Compliance
Commencement Notice (CN)/7Day & Certificate of Compliance (CCC) on
Completion Process
CN-Q6 Commencement Notice
CCC-Annex table to Certificate of
Document Requirement
Compliance on Completion-Document
Mandatory Statutory Forms-above &
Requirement
Completed Commencement Notice accompanied with;
•
Schedule of documents detailing
– Plans,
– Calculations,
– Specifications
– Ancillary Certificates
– Particulars
necessary to outline how the proposed works or building
will comply with the requirements of the 2nd Schedule
to the Building Regulations relevant to the works or
building, and including—
(I) general arrangement drawings including plans,
sections and elevations,
(II) a schedule of such plans, calculations, specifications
and particulars as are currently designed or as are to be
prepared at a later date,
(III) the completion of an online assessment, via the
BCMS, of the proposed approach to compliance with the
requirements of the 2nd Schedule Building Regulations,
(IV) Preliminary Inspection Plan prepared by the
Assigned Certifier,
Fully Completed CCC accompanied with;
• Table of Plans,
– Calculations,
– Specifications,
– Ancillary Certificates and
– Particulars
as are necessary to outline how the works or
building as completed
(i) differs from the plans, calculations,
specifications and particulars submitted for
the purpose of Commencement Notice
(ii) complies with the requirements of the
Second Schedule to the Building Regulations,
and
(c) accompanied by the Inspection Plan as
implemented by the Assigned Certifier in
accordance with the Code of Practice
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Purpose of
Commencement Notice
(CN)
Secure Compliance
Attach/Upload the;
General Arrangement
Drawings including plans,
sections and elevations,
Preliminary Inspection
Plan
Schedule of documents
22
Example of Schedule of Documents which may Demonstrate
Compliance -Domestic Dwelling-not prescriptive
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Compliance Report based on Building Regulations A – M 1997 - 2014:
a. Including any calculations/specifications which cannot be visually demonstrated on a plan drawing e.g.
ventilation calculations, requirements for discharge pipes, required distances between drainage access
points, height of electrical fixtures, heating appliance specifications, etc.
Site Location plan at a scale of 1:1000/1:2500
Note; Only necessary to upload the
Floor Plans (each floor separately) at a scale of 1:100
mandatory;
Elevations (each elevation) at a scale of 1:100
• Completed CN
Sections (long & cross sections) at a scale of 1:100
• The 5 Statutory Forms
1. Foundation details at a scale of 1:50
• Preliminary Inspection Plan
2. Ground floor plate details at a scale of 1:50
3. First & subsequent floor plate details at a scale of 1:50 • General Arrangement Drawings
• Schedule/list of Documents
4. External wall details at a scale of 1:50
5. Surface & foul wastewater plans & sections
designed & to be designed
Structural calculations
during the course of
Roof plan & sections
construction
DEAP Calculations
Remember that any document
Provisional BER
listed in the Schedule may be
Details relating to any gas/heat installation
requested by the BCA for upload
Details relating to the electrical installation
during the construction or @
Details relating to construction products
completion stage
Any site investigation reports
Details relating to any soakaway/percolation area/septic tank (where necessary)
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Schedule of Documents which may Demonstrate Compliance Part A-H
Structure(Part A)
Site investigation report
Foundations - general arrangement
Super structure - general arrangement & disproportionate
collapse
External wall cladding structural arrangement
Structural design calculations/codes used/ assumptions
made etc.
Fire (Part B)Fire Certificate/7day notice
Mandatory Upload Statement of Compliance
if Fire Certificate and/Or
Required or 7 Day Means of escape
Notice submitted Internal spread of fire (linings & structure)
External spread of fire
Access and facilities for fire
Site Preparation Subsoil drainage arrangements
(Part C)
Treatment of site contaminants/ landfill gas
Radon measures
Resistance to
Resistance to moisture (incl cladding)
Moisture (Part C)
Materials(Part D) Specification of material fit for use in conditions of use.
Location of Letter plates
Sound (Part E)
Sound resistance build-up of relevant floors and walls
Airbourne Sound
Impact Sound
Ventilation(Part F) Ventilation rate calculations
Ventilation system - general arrangement
Adequate roof ventilation
Report
Plan
Section
upload
upload
upload
Section
upload
Report
Certificate
Report
And/Or
Plans & elevations
Plans & elevations
Plans & elevations
Plans & elevations
Plans & cross sections
Report
Design-Ancillary Cert.
Plans & sections
Specification document
Elevation
Plans & sections
Tests Report
Tests Report
Report
Plans, sections,
elevations
Sections & elevations
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
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upload
Schedule of Documents which may Demonstrate Compliance contd.
Part G-M
Hygiene(PartG)
Drainage(Part H)
Heat producing
appliances (Part J)
Stairways, Ladders,
Ramps and Guards
(Part K)
Conservation of Fuel
and Energy(Part L)
Adequate bathroom and kitchen facilities
Adequate hot and cold water supply
Adequate sanitary conveniences and washing facilities
Plans
Plans & sections
Plans
Plans, sections &
elevations
Adequate- surface water drainage system to main sewer or
Plans, sections &
watercourse
elevations
Adequate wastewater treatment system (septic tank or packaged Plans & sections
wastewater treatment system)
Air supply to appliances
Plans & elevations
Discharge from appliances(chimneys, flues, fireplaces)
Plans & elevations
upload
upload
upload
Adequate- foul waste drainage system to main sewer
Carbon monoxide alarms
Flue terminals
Fuel storage system
Safety Details-Guarding at edges (floors, balconies, roofs to
prevent people and vehicles falling)
Plans
Plans & elevations
Plans & sections
Plans & sections
DEAP/NEAP calculation
Build-up of fabric elements -walls, ground floors, roofs etc.
Report-BER
Plans& sections
Space and water heating system
Access and Use (Part DAC
M)-Mandatory upload Statement of Compliance
if DAC Required
And/Or
Approach to dwelling
Access to dwelling
Circulation within dwelling
Sanitary facilities for dwelling
Switches and sockets in dwelling
Plans & sections
DAC
Report
And/Or
Plans, sections &
elevations
Plans
Plans
Plans
Plans, sections &
elevations
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
upload
25
upload
Certificate of Compliance on Completion
Part A — Certificate signed by Builder
Part B — Certificate signed by Assigned Certifier
26
Schedule of Documents (Plans, Calculations, Specifications, Ancillary Certificates and Particulars
ANNEX
Table of Plans, Calculations, Specifications, Ancillary Certificates and Particulars used for the purpose of construction and demonstrating compliance with the
requirements of the Second Schedule to the Building Regulations and showing, in particular how the completed building or works differ from the design submitted to
the Building Control Authority prior to construction
(Details of relevant plans, etc. may be listed below and attached hereto)
Annex to Be Completed Refer to Q6 of commencement Notice when Completing- to be Completed by the assigned Certifier
CERTIFICATE OF COMPLIANCE ON COMPLETION (CCC)-Cross Compliance
Annex List Mandatory & OtherRequired
Documents -Name
Table of Plans,
Calculations
Specifications
Ancillary Certificates
Particulars
DACs-DAC-Revised
FSCs-FSC-Revised-Regularisation
Relaxation of Building Regulations
Dispensation from Building Regulations
DEAP Calculations
NEAP Calculations
For Phased Developments Compliance Check with
Building Regulations-stand alone compliance
Omitted Compliances Documentation/Report the
subject of future Development Works
Compliances-CCC
Previous CCC Compliance Ref No
Documentation/Report which form part of this CCC
Other Commencement Notices relevant to this
Completion certificate
S11 Requests Resolution Report
Enforcement Resolution reports
Differences from commencement
Submission
Inspection Plan as Implemented
Signed CCC by Builder & Assigned
Other Compliances
Y/N
Description-Plans, Sections,
Elevations, Compliance
Statement Report, Ancillary
Certificates
Remarks
Reference No
Upload
Upload
Upload
Note; Only necessary to upload the;
• Statutory CCC Form,
• Inspection Plan as Implemented
• Table/schedule of Compliance
Certificates & Documents
which show how compliance with
regulations was achieved- & include
details which differs from those
details listed in the CN Schedule
Note; the documents/certificates
listed in this table should be
available for upload if requested by
the BCA
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
Upload
27
Compliance Documentation
Requirements Q6 of CN
X
28
Examples of typical Detail requirements
29
Purpose of Commencement Notice (CN)
Secure Compliance
Most Common Construction Defects Observed by
BCAs
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Underfloor fill- panel fixings, pyrite.. (Part A, C, D)
Moisture ingress-radon, dpc. (Part C)
Fire resistance-eaves, party walls, ducting (Part B)
Sound transmission,-flooring detail, insulation (Part E, L)
Condensation & mould growth (Part F)
Frozen pipes, attic tank, stopcocks (Part G)
Septic tanks overload, flooding (Part H)
Flues, location, size, burners (Part J)
Balcony, Stair rails-wrong height, glass (Part K)
Steps to entrances (Part M)
BER calculations don’t exist, stud fixings, cavities clear of mortar (Part L)
Timber frame-fixings, vapour control, cavity barriers, fire stopping,
30
Inspections for Compliance by BCA-Random & Risk Based
(a) the use of the building; (b) the type of construction;
(c) the level of experience of the design team and the Builder; and
(d) past experience regarding compliance by the parties involved in the project.
No guidance on what constitutes a proper full inspection
• Should cover as many parts of the Building Regulations as practical
• BCA inspectors-inspect housing developments @ various stages of
construction;
• full inspection may not take place on the same development.
1. Inspection @ foundation stage prior to pouring of footings may include
compliance with Part A , C and possibly H
2. Inspection @ dpc, radon barrier-may include compliance with Part C
3. Inspection during construction may include compliance with Part B,C,E,
J & L i.e. fire barriers, moisture penetration, sound & thermal
insulation, cavities, ties, flashing etc.
4. Inspection close to completion stage may cover compliance with Part E,
F, L,K & M i.e. fire separation, vents, flues,
•
Preliminary Inspection Plan should have regard to above
31
BCAs-Inspections Stages for Compliance
Stage No
Building Elements
Relevant Part of
Building Regulations
Elements to be Inspected /
Checked
1. Design Stage
Paper AssessmentS11 Requests
A-M
A-M
2. Formation
Level
Substructure & Drains
A,C,D,H
Ground bearing, Drainage
3. Foundations
Excavation Ready for
Inspection
A,C,D,H,,B,K,L,M
Foundations, pipe covers
4. Ground Floor
Level
Superstructure walls
and floor Joists laid
A,C,D,H,,B,K,L,M
Access, ventilation, walls
5. Wall Plate
Level
Services, ventilation
etc
A,B,D,E,F,M
Fire, insulation, floorssound
6. Roof
Roof Construction &
bracing complete
A,B,J,K
Fire, bracing, water storage
7. Certification
First Fix Services
Complete & Ready for
Occupation
A-M
Installation manuals
32
Building Stage
/ Project
Milestones
Example of
7 Stage
Building
Control
Authority
Inspection
Plan
Inspection
1-4
Building Elements
Preliminary Inspection Plan
General Arrangement
1 . Design Stage
Drawings
–
Schedule of Specifications,
Commencement
Calculations etc.
Notice Review
Completion of online
submission via BCMS
Site Setup
2. Formation
Ground Conditions
Level - Ground
Initial Site Development
and Site
Foundation
Commencement
Conditions
Other
Hardcore Material and depth
Foundations
3. Foundation
Radon Prevention
Level - Below
Structural Elements
ground works
Cavity Wall set-up and
preparation
Material and Workmanship
Floor & Wall Structure
Material and Workmanship
Access Widths - doors &
corridors
Wall Insulation, Ties, Length
Fire Compartmentation &
Escape
Frames (Timber & Other)
Stair width, going, rails,
4. Ground
landings, compartments
Floor Level
Lift Compliance
DPCs / Membranes laps &
joints
Universal access, ramps etc
Fire stopping, cavity barriers,
seals for service pipes & ducts
at floors etc
Drainage systems testing
before & after enclosure
Relevant
Part of
Building
Regulation
s
Elements to
be Inspected
/ Checked
A to M
Not Applicable
at this stage
A, C, D
A, C, D, H
A, C, D, H
A, C, D
A
A
C
A
A&D
D
A
D
Bearing of
Ground;
Foundation
width, depth,
any stepping
overlap
Bearing of
Ground;
Foundation
width, depth,
any stepping
overlap; CE
Marking
Rising Walls
DPC location
B,D,K,M
Access
B,D,K,M,L
M
Completeness
Integrity of
compartments
Ventilation
Continuity of
widths
CE mark
A,C,D
Integrity
M
Continuity
Measures for
sealing at floors
& walls
Falls, leakage,
access for
maintenance
B,M
A,B,D
B,K,M
B
H
Applicable
? Y/N
33
Example of
7 Stage
Building
Control
Authority
Inspection
Plan
Inspection
5-7
34
Preliminary Inspection Plan-very basic
Preliminary Inspection Plan-submitted no reference to Building Regulations
35
36
Commencement Notice Data
37
38
Developments commenced without the benefit of a commencement notice –an assessment of the situation
Note: This problem has emanated in a few local authorities; It is a problem in that;
1. A Commencement Notice is required under Article 9 of the Principal Regulations(Building Control 1997) for specified buildings or
works; the requirement for this has changed very little from the 1990 Building Control Act other than the requirement for
accompanying documentation and registered professionals for certain specified buildings or works.
2. Failure to comply with any requirement shall be an offence to which section 17(2) of the Act of 1990 applies." And again nothing
has changed here.
3. For many buildings or works where a FSC and/or DAC is required the building cannot be occupied without a valid certification form
the BCA-again very little has changed here.
4. A failure to lodge a commencement notice and/or occupy the premises without valid certification under the BCA is an offence as
set out in 2 above.
5. It is not possible now since the bringing into law of SI9 of 2014 or before the advent of SI9 of 2014 to regularises the breach of this
legislation for non-submission of documentation including commencement notices.
6. The course of action open to the BCA is to enforce the requirements of the Building Regulations -i.e. serve enforcement for the
commencement of buildings or works without notice to the LA in the form of a Commencement Notice i.e. enforcement for
"failure to submit a Commencement Notice" and then prosecute this in the courts.
7. Prosecution proceedings against defaulters - Section 17 of the Act which must be; • instituted within twelve months after the date
of the discovery of the offence but not later than five years after the date of the completion of any building or works in respect of
which the offence is alleged to have been committed.
8. The BCA may decide to just serve the enforcement notice, put the particulars on the statutory register and before the expiry of the
12 months decide not to prosecute for stated reasons which may include; financial consideration, the proportionality of the
offence in relation to the consequences, the common good and the fact that the building or works may be certified as fully
compliant with the Building Regulations but not compliant with the administrative requirements of the Building Control
Regulations etc. Each LA must look at the individual situations and ultimately it is up to them how to proceed.
9. If a building has commenced without a commencement notice and this is brought to the attention of the BCA and/or owner; it is
open to the owner to apply for a commencement notice for the remainder of the building or works; part of the certification and
the accompanying documentation would have to include certification to the effect that due diligence was carried out on the
already commenced buildings or works (similar to building an extra storey on top of an existing building) etc. The completion
certificate pertaining to this would only cover the works in the commencement notice and the works already carried out could
never be the subject of a completion certificate for the purpose of the legislation but that doesn't mean that they are not
compliant with the Building Regulations. This may cause legal impediments for the owner but this is not a concern of the BCA
10. The other option is that the owner demolishes and starts again or
11. The BCA, enforces, prosecutes and requests removal; it may be that the judge would look at proportionality (Wicklow Fortune
High Court Case)
39
Definitions for the purpose of Building Control
"design" includes the preparation of plans, particulars, drawings, specifications,
calculations and other expressions of purpose according to which the construction,
extension, alteration, repair or renewal concerned is to be executed and "designed"
Design
shall be construed accordingly;
"construction" includes the execution of works in connection with buildings and any
act or operation necessary for or related to the construction, extension, alteration,
Construction
repair or renewal of a building and "constructed" shall be construed accordingly;
"building" includes part of a building and any class or classes of structure which are
prescribed by the Minister to be a building for the purposes of this Act;
Building
“works” includes any act or operation in connection with the construction, extension,
Works
alteration, repair or renewal of a building;
“minor works” means works consisting of the installation, alteration or removal of a
Minor Works
fixture or fitting, or works of a decorative nature;
Substantial Work has been “substantial work has been completed” means that the structure of the external walls
Completed
of the building has been erected.
“repair or renewal” means works of maintenance or restoration of a routine nature
Repair of renewal
relating to—(a) the keeping of a building in good condition or working order
“material alteration” means an alteration (other than a repair or renewal), where the
work, or any part of the work, carried out by itself would be subject to a requirement
Material Alteration
of Part A or B of the Second Schedule to the Building Regulations;
"Material Change of Use" Section 3(3) of the Ac( a ) a building, being a building which
was not originally constructed for occupation as a dwelling, or which, though so
constructed, has been appropriated to other purposes, becomes used as a dwelling,
Material Change of Use
Etc.-BCA definition & additions in the Regulations
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41