Building Control Post-2014

New Regime (2014)

Prior to the 2014 Regulations, the principal obligations were to give a Commencement Notice, and where necessary, to obtain a Fire Safety Certificate and a Disabled Access Certificate (covering compliance with parts B and M of the Building Regulations). The form of Commencement Notice under the previous Building Control Regulations was signed by the person carrying out the works, on behalf of named persons, including the building owner.

The 2014 regulations prescribe that the form of the Commencement Notice is to signed by the “building owner”.  The notice is filed electronically, The building owner is not defined but refers to the person with the major proprietary interest in the building. The following are also required

• plans, calculations and specifications showing how the proposed works or building will comply with the Building Regulations;
• an online assessment
• a preliminary inspection plan prepared by the Assigned Certifier;
• a Certificate of Compliance (Design) stage;
• a Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier);
• a Certificate of Compliance Undertaking by Assigned Certifier);
• Notice of Assignment of the builder;
• a Certificate of Compliance Undertaking by Builder;
• the fee

Certifiers (2014)

The form of Certificate of Compliance in respect of design is to be signed by the appropriate designer, who will set out his professional qualifications and regulation number. The form of Notice of Assignment of the assigned certifier is to be signed by the building owner. The Undertaking by the assigned certifier is signed by the relevant professional who is so assigned.

The Assignment of the builder is to be signed by the building owner.  The form of certificate of compliance by the builder is to be signed by a principal or a director the building company. The form of seven-day certificate (in lieu of the Fire Safety Certificate) is to be signed by the building owner. The final form of Certificate of compliance is to be signed by the relevant professional.

The assigned certifier may be a

• an architect  on a register under Part 3 of the Building Control Act 2007,
• a building surveyor on a register under Part 5 of the Building Control Act 2007, or
• a chartered engineer under Section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.

Completion (2014)

On completion, a Certificate of Compliance on Completion is signed by the assigned certifier,  accompanied and supported by supported by ancillary certificates from other members of the building owner’s design team and specialist sub-contractors. It must cover design and construction.

On completion, a certificate of compliance should be signed by both the builder and ththe assignedertifier.The assigned  certifier may rely on Ancillary Certificates provided by others.

The form of certificate is mandatory and must provide an unqualified  opinion that

• the building has been built in accordance with the designs filed with the Commencement  Notice (together with such amendments as may have been notified);
• that the Inspection Plan drawn  up having regard to the Code of Practice has been implemented using reasonable skill, care and  diligence and
• that the building “as-constructed” complies with the Building Regulations.

The Certificate of Compliance on Completion shall be

•  in the form specified for that purpose in the Sixth Schedule, and
• accompanied by such plans, calculations, specifications and particulars as are necessary to outline how the works or building as completed—
•  differs from the plans, calculations, specifications and particulars submitted  as appropriate (to be listed and included at the Annex to the Certificate of Compliance on Completion), and
• complies with the requirements of the Second Schedule to the Building Regulations, and
• accompanied by the Inspection Plan as implemented by the Assigned Certifier in accordance with the Code of Practice referred or a suitable equivalent.

On receipt of a Certificate of Compliance on Completion, a building control authority shall—

• record the date of receipt of the Certificate, and
• consider within 21 days of the date of its receipt whether the Certificate of Compliance on Completion is valid having regard to the requirements, and
• the building control authority’s own satisfaction that all enforcement notices, information requests and statutory processes.

Ministerial Powers

Where the Minister considers that compliance with any requirement of building regulations would be unreasonable in relation to any specified class of building operation, works or material, the Minister may, as regards such compliance, by order dispense with or relax that requirement subject to such conditions as he sees fit and specifies in the order.

The Minister may by order prohibit the use of such materials or classes of materials, or such form of construction or such type of equipment, fittings or services in relation to such class or classes of buildings or to such class or classes of works as may be specified in the order, if he is satisfied that such use would be a danger to public health or safety or that such use would contravene any provision of building regulations.

The Minister may by order appoint a body which shall be known and is in this Act referred to, as the Building Regulations Advisory Body. The Advisory Body shall advise the Minister on matters relating to building regulations, and may provide such advisory services for or on behalf of the Minister, as the Minister may, from time to time, specify. It shall consist of so many persons appointed by the Minister for such period as he thinks fit, and any person so appointed shall hold office for such period as the Minister may specify.

The Minister may from time to time nominate one member of the Building Regulations Advisory Body to act as its Chairman. He may at any time remove any member (including the Chairman) of the Building Regulations Advisory Body from office.