Ireland: Building Regulations

Last Updated: 12 January 2015
Article by Mark Barr, Simon Hannigan, Niav O'Higgins and Mary Liz Mahony


The Building Control (Amendment) Regulations 2014 (SI no 9 of 2014) (The "2014 Regulations") came into operation on 1 March 2014. The full requirements of the 2014 Regulations apply to those types of development as described below where a commencement notice is filed after 1 March 2014.

The 2014 Regulations apply:

  • To the design and construction of a new dwelling.
  • To any extension to a dwelling involving a floor area of more than 40 square metres; and
  • To works to which Part III of the Building Control Regulations apply, namely works which require a fire safety certificate, which would mean nearly all types of commercial buildings, including, industrial, office, retail and so forth. In addition a material change of use may be caught which may oblige fit-out works, for example, to comply with the new requirements.

The 2014 Regulations introduced a new form of commencement notice and three new types of mandatory certificates, in prescribed form:

  • Certificate of Compliance (Design) (the "Design Certificate");
  • Certificate of Compliance (Undertaking by Assigned Certifier) / Certificate of Compliance (Undertaking by Builder) (together, the "Undertakings"); and
  • Certificate of Compliance on Completion (the "Completion Certificate").

The 2014 Regulations require a continued focus on compliance with Building Regulations, from design stage to completion.

Prior to the works commencing, the design of the works must be certified as complying with building regulations by the execution of the Design Certificate by the "Design Certifier". The building owner will also nominate at commencement stage (through notices in prescribed form) an "Assigned Certifier" and a "Builder".

The "Assigned Certifier" and "Builder" will be tasked with confirming that the completed works comply with Building Regulations by executing the Completion Certificate and must also formally undertake at commencement stage to carry out this task. The 2014 Regulations prohibit the opening, occupation or use of a building until a Completion Certificate has been filed and registered by the building control authority making compliance with the 2014 Regulations of great importance for building owners, purchasers, or prospective tenants.

Key Points

The principal changes introduced by the 2014 Regulations are as follows:

  • There is a new form of Commencement Notice, which can be filed electronically on the Building Control Management System and which must be submitted with various documents. Those documents include such calculations, specifications and plans as are necessary to demonstrate that the building will comply with the standards imposed by the 2014 Regulations. If the documents are submitted in hard copy, the building control authority will have the right to charge an administration fee.
  • In addition, certificates completed by the building owner in prescribed formats must accompany the Commencement Notice, specifically certificates appointing the Design Certifier and the Builder undertaking to build in accordance with the building regulations. A Preliminary Inspection Plan, providing a schedule of inspections for overseeing essential aspects of the build by the Assigned Certifier and an online assessment regarding the proposed approach to compliance with the building regulations must be completed. Both the Design Certifier and Assigned Certifier must be of one of the following professions: architects, chartered engineers or building surveyors.
  • The 2014 Regulations also make a number of amendments to the "7 Day Notice". This is the form of Notice which is required where work is to commence before the grant of a fire safety certificate. Where utilised the 7 Day Notice essentially replaces the Commencement Notice and must be accompanied by the application for fire safety certification and the documentation supporting the fire safety application, as opposed to the fire safety certificate. The form of 7 Day Notice is set out in the third schedule to the 2014 Regulations, and must be accompanied by similar documentation, Notices and Certificates as required with a Commencement Notice. 
  • The 2014 Regulations are designed to work in tandem with a "Code of Practice for Inspecting and Certifying Buildings and Works" which will guide the Assigned Certifier, Builder, Design Certifier and other parties, in carrying out their respective roles including the preparation of an inspection plan, executing inspections and certifying the works. The final approved version of the Code was made available at the end of the first week in February 2014. 
  • On completion of a building or works a Certificate of Compliance on Completion must be completed, Part A by the Builder and Part B by the Assigned Certifier. These certificates must be submitted to the building control authority where a register of same is maintained. In addition the Completion Certificate must be accompanied by the Inspection Plan implemented by the Assigned Certifier and such documentation as necessary to show: 
  • how the completed works differ from the plans submitted at commencement stage; and
  • how the completed works comply with the building regulations.

The building control authority has 21 days to query the certificate, failing which it must register it.

  • It is assumed that solicitors for purchasers of new houses or apartments will be satisfied with a copy of the Certificate of Compliance on Completion as signed and registered, together with proof of its registration as sufficient compliance with the building regulations, so long as it clearly applies to the property being acquired [see citation 1]. With regards a housing estate, it has been anticipated that individual houses will have individual certificates. It is likely that purchasers' solicitors will want to ensure that the certificate properly identifies the unit they are concerned with [see citation 2]. More substantial commercial properties may necessitate additional certification.
  • There are no provisions for a situation where the final Certificates of Compliance on Completion are not registered. Opening, occupying or using a building before a Certificate of Compliance on Completion has been filed and registered by the building control authority will be a breach of the 2014 Regulations.
  • All documentation filed with the building control authority will be retained for at least six years.

Form of Certificates

  • The form of Commencement Notice sets out:
  • The name of the building owner and his contact details;
  • The project particulars;
  • The Builder and his contact details;
  • The designer and his contact details; and
  • A schedule of all the documents.
  • The notice must be signed by the building owner.
  • The Certificate of Compliance (Design) (to be completed by the Design Certifier) confirms that the documentation submitted in the schedule of the Commencement Notice complies with the building regulations. Where appropriate it provides that the certifier relies on certificates from other parties who designed specialist areas of the building and is based on the certifier having used reasonable skill, care and diligence.
  • The form of Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier) is to be signed by the building owner, notifying the building control authority who is being nominated to carry out the inspections in the course of the work and certify compliance on completion. The building owner states further that, having regard to the Code of Practice for Inspecting and Certifying Buildings and Works, he is satisfied that the person assigned is competent to inspect the works and to coordinate any inspection work undertaken by others and to certify the compliance of the works with the provisions of the building regulations, insofar as they apply to the building or works concerned.
  • The form of Certificate of Compliance (Undertaking by Assigned Certifier) includes an undertaking to use reasonable skill, care and diligence during inspections of the building or works and to manage the inspection work of others. It further requires the certification on completion of compliance with the provisions of the building regulations following the implementation of the inspection plan.
  • The Notice of Assignment of Builder is to be signed by the building owner, notifying the building control authority of the person appointed to carry out the building work, including a statement that the appointee is competent to undertake the work. General details of the appointee would also be provided.
  • It appears the eventual effect of the 2014 Regulations is that only registered Builders will be able to carry out building works in the future and only those with construction competence and experience will be able to register. The CIF is compiling a voluntary register at the moment, with the intention that the department will put it on a statutory footing in 2015.[See citation 3]
  • The Certificate of Compliance (Undertaking by Builder) is comprised of a confirmation that the Builder is commissioned by the building owner to undertake the works and confirmation of his own competence and of those employed and engaged by him to undertake such works. Further, the Builder must undertake to construct the works in accordance with the plans etc. submitted (or subsequently issued to him) and to cooperate with the Inspection Plan set out by the Assigned Certifier and to take all reasonable steps to ensure that he would be able to certify that the building or works are in compliance with the requirements of the building regulations.


The intention of the 2014 Regulations is to focus all parties on compliance with the Building Regulations from the outset. This is to be achieved by requiring the development of an inspection plan and having all parties, including builders formally acknowledge their respective roles. It is important that the parties engage with and understand the implications of the 2014 Regulations. Building owners in making appointments will need to allow sufficient time to deliver the Commencement Notice and those intending to act as certifiers (including ancillary certifiers) or builders must consider how these roles need to be carried out to facilitate an efficient and effective inspection process. The inspection process must be sufficiently flexible to accommodate changes but comprehensive enough that the Completion Certificate can be signed without difficulty at the conclusion of the works.

1. Law Society Practice Note, 4 April 2014, Update on Building Control (Amendment) Regulations 2014, Rory O'Donnell

2. Law Society Practice Note, 4 April 2014, Update on Building Control (Amendment) Regulations 2014, Rory O'Donnell

3.  Law Society Practice Note, 4 April 2014, Update on Building Control (Amendment) Regulations 2014, Rory O'Donnell

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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

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

In association with
Up-coming Events Search
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.