Ireland: The Building Control (Amendment) Regulations 2014

The Building Control (Amendment) Regulations 2014 The Building Control (Amendment) Regulations 2014 ("the Regulations") were published by the Minister for Environment, Community and Local Government ("the Minister") on the 15th January, 2014, and shall be enacted on the 1st March, 2014. The Regulations have been introduced to prevent a reoccurrence of the construction issues arising from defective materials such as pyrite, breaches of fire regulations, poor workmanship, insolvency of the contractor, a lack of accountability and certification, all of which have been the subject of high profile actions in recent times. The Regulations will change and improve building control in Ireland by providing greater regulation to the construction industry in an effort to ensure that all construction works are carried out, completed and certified to an acceptable industry standard. The significant reforms impose a greater onus on the owner, builder and registered professionals before, during and after the construction works. They also provide a revised formal process for commencement notice applications to include the completion of mandatory forms and certificates, the requirement of increased inspections by registered professionals, an online building control management system (as the means of building control administration) and a public register. The key areas of reform are outlined in more detail hereunder.

Commencement Notice

A commencement notice is to be:-

(a) filed electronically on the building control management system; and

(b) is to be accompanied with:- (i) plans, calculations, specifications and particulars in respect of the proposed works evidencing how they will comply with the Regulations, the completion of an online assessment via the building control administration of the proposed approach to compliance with the requirements of the Second Schedule of the Regulations and the preliminary inspection plan prepared by the Assigned Certifier;

(ii) a certificate of compliance with design;

(iii) a notice of assignment of a person qualified to inspect and certify the works ("Assigned Certifier");

(iv) a certificate of compliance (undertaking) of the Assigned Certifier;

(v) a notice of assignment of the builder;

(vi) a certificate of compliance (undertaking) by the builder; and

(vii) the fee.

In the event that the Authority does not accept the commencement notice due to non-compliance it may respond within seven (7) days of receipt of the notice filed electronically or within twelve (12) days of receipt of the notice in writing as appropriate by notifying the person who submitted the notice and outlining their reasons. All of the notices and certificates are to be in the mandatory format outlined in the Second Schedule of the Regulations. An architect on the register pursuant to the Part 3 of the Building Control Act, 2007, or a building surveyor on the register pursuant to Part 3 of the Building Control Act, 2007, or a chartered engineer on the register pursuant to section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act, 1969, can act in the capacity of an Assigned Certifier and may also execute a design certificate. In the event that the owner ("Owner") of the building opts to change the Assigned Certifier or the builder then the Owner is obliged within fourteen (14) days to notify the building control authority ("Authority") electronically or otherwise by providing the necessary forms of assignment and undertaking in accordance with the Regulations. Also, if there is a change of ownership of the building or of the building works then the new owner is obliged to notify the Authority electronically or otherwise within fourteen (14) days of the change of ownership.

Reforms to the application of a commencement notice also apply to an application of a seven day commencement notice.

Construction, Completion and Certification

The Owner is obliged during the design stage of the building works to appoint a registered architect, chartered engineer or registered building surveyor to design the building works and certify compliance of the design in accordance with the Regulations. The Owner then appoints an Assigned Certifier who undertakes using reasonable skill, care and diligence to inspect the building works, to coordinate the inspection work of others and to certify that the building works are in compliance with the Regulations following the implementation of an inspection plan. The builder confirms that he is competent to undertake and to carry out the building works in accordance with the plans, calculations, specifications, ancillary certificates and particulars listed in the commencement notice, that he will co-operate with the inspections detailed in the inspection plan prepared by the Assigned Certifier and will take all reasonable steps to ensure that all works carried out are certified in accordance with the Regulations.

Upon completion of the works, a certificate of compliance on completion ("the Certificate") in the format documented in the Sixth Schedule of the Regulations, the plans and specifications (in the event that they may be at variance to the plans and specifications previously submitted) and the inspection plan as implemented by the Assigned Certifier are to be lodged with the Authority. The Certificate is executed by both the builder and the Assigned Certifier. Upon receipt of the documentation the Authority will record the date of receipt of the Certificate and will consider within twenty one (21) days of receipt of the Certificate as to whether or not it is valid. If the Authority validates the Certificate then it shall no later than twenty one (21) days of receipt of the Certificate enter the particulars of the Certificate on the public register and shall notify the person who submitted the Certificate. In the event that the Authority does not accept the Certificate then it may within twenty one (21) days of receipt of the Certificate notify the person in writing who submitted the Certificate of the position and their reasons. Alternatively, it may require the person who submitted the Certificate to submit a revised Certificate or such additional documentation as may be rendered necessary. The Certificate must be submitted, validated and placed on the public register before a building may be used and occupied.

The Regulations apply to building works that require a fire safety certificate, new dwellings (to include houses and apartments) and extensions with a floor area greater than forty square metres. Failure to comply with the Regulations shall be an offence resulting in fines and/or imprisonment. The Minister may publish a code of practice for inspecting and certifying building works to accompany the Regulations for the purposes of providing guidance in relation to inspecting and certifying building works or a building in compliance with the Second Schedule to the Regulations.

Conclusion

The Regulations standardise the procedure and approaches involved in relation to building works. They will also provide Owners with an assurance and comfort that any building works which have been completed pursuant to the Regulations have been approved and certified to industry standard. Although the Regulations are welcome concerns have been expressed by professional bodies involved in the construction industry. There is a view that the increased responsibility and liability of the builders and professionals may involve a review of the insurance cover that is necessary to be put in place. It needs to be established as to whether or not the liabilities extend beyond the professional indemnity cover that is currently available to builders and the professionals. There have been requests that a latent defects insurance scheme is made available and that a national system of registration for builders is implemented in order to ensure that the Regulations can operate effectively. Concern has also been expressed over the fact that the designer of the building works who is certifying the design may also in the event that he has been appointed as the Assigned Certifier certify that the building works have been completed in accordance with the Regulations. It is presumed that any challenges that lie ahead will be successfully resolved to ensure the enforcement of the Regulations. In any event, the reforms introduced by the Regulations should improve construction standards and ensure that building works are completed in a quality controlled, certified, transparent and regulated environment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Arthur Cox
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Arthur Cox
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions