SUSTAINABILITY
Energy Performance of Buildings Directive
The Commission issued the first in a series of guidance documents to support EU countries in transposing and implementing the revised Directive into national law.
The guidance concerns Article 17(15) which has an earlier transposition date (1 January 2025) than other provisions, and which is aimed at helping to phase out, in a gradual manner, boilers powered by fossil fuels. The guidance is available here.
District Heating
As mentioned in our Energy section, a General Scheme to progress a Heat (Networks and Miscellaneous Provisions) Bill has been published to provide a regulatory framework for district heating. The Scheme describes district heating as a way of delivering thermal energy in the form of hot water through a network of highly insulated pipelines. District heating can use waste heat from installations such as data centres, waste facilities, and industry.
Timber in Construction
The Timber in Construction Steering Group published two reports:
- Global Policies Influencing the Greater Adoption of Timber in Construction, which makes recommendations on the best practice in raising awareness of the benefits of using timber and the importance of long-term carbon storage, and
- Timber in Construction Academic Survey, which makes recommendations on the academic supports needed in Ireland to support greater use of timber in construction.
The reports are available here.
Retrofit Scheme
Aa new €50 million Business Energy Upgrades Scheme in Ireland is intended to support small and medium sized businesses to carry out energy efficiency upgrades. The scheme is intended to support the SME sector to address energy costs and reduce emissions in buildings. Further information is available here.
BUILDING STANDARDS
Certificates on Completion
The High Court in Ireland quashed a decision by a County Council not to register a certificate of compliance on completion under the Building Control Regulations 1997. The judgment in Dromaprop Ltd v Leitrim County Council [2024] IEHC 234 provides helpful guidance on the Regulations. Our insights post is available here.
Fire Safety
Building Control (Amendment) (No.2) Regulations 2024 amend the the Building Control Regulations 1997 to exempt works to Tier 1 buildings or Tier 2 buildings, in accordance with the Code of Practice for the remediation of Fire Safety Defects, from the requirements of the Building Control Regulations at Part II (Commencement Notices); Part III (Fire Safety Certificates), and Part IIIA (Revised Fire Safety Certificates). Such works are subject to the processes set out in the Code of Practice.
SEO ORDER
The Sectoral Employment Order (Construction Sector) 2024 sets new minimum hourly rates and pension contributions for the periods from 1 August 2025 to 31 July 2026 and from 1 August 2026. The Order comes into operation on 1 August 2025.
It has also been reported in the Irish Times that that a deal for the mechanical sector has been agreed.
STANDARD FORM CONTRACTS
Collateral Warranties
The Office of Government Procurement ("OGP") published amended versions of Model Form 1.12- Collateral Warranty for Sub- Contractors (PW-CF1 to 5 inclusive), and Model Form 2.3- Collateral Warranty for Sub-Consultants. This follows from the introduction of the Limitation of Liability into the Conditions of Contract for Main Consultants and the Public Works Contract for Main Contractors. The OGP indicates that amendments have also been made to the general conditions in the Collateral Warranties to update them for industry best practices and modernisation of the terms. Further information is available here.
Tender Templates for Consultants
The OGP published amended template documents for the procurement of Construction Technical Professionals or Contractors with design responsibility. The OGP indicates that the intent is to introduce new Technical Capability Criteria in relation to Environmental Management Measures (3.4h) and Supply Chain Monitoring and Tracking Systems (3.4i); to take into account indexation of fees in new Standard Conditions of Engagement; to ensure compliance with EU law; and to improve formatting. Further information is available here.
JCT
The 2024 Edition of the Measured Term Contract is to be released on 13 November 2024. Further information is available here. The Measured Term Contract is designed for use by employers who have a regular flow of maintenance, minor works and improvements projects that they would like to be carried out by a single contractor over a specified period of time.
FOREIGN INVESTMENT
Screening of Third Country Transactions
It is anticipated that the Screening of third Country Transactions Act 2023 will commence in early January 2025. The DETE announcement is available here.
As previously mentioned, the Act sets out a framework to enable the Minister for Enterprise, Trade and Employment to review transactions involving foreign investment that may impact on security or public order in Ireland. The Act covers any transaction, acquisition, agreement or other economic activity resulting in a change of control of an asset in Ireland or the acquisition of all or part of any interest in an undertaking in Ireland. Such transactions are notifiable if they meet several criteria, one of which is that the transaction relates to, or impacts upon, a relevant matter. Relevant matters include critical infrastructure (including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure and sensitive facilities, including the land/real estate used crucial for the use of such infrastructure), as well as supply of critical inputs (including energy or raw materials).
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.
