Building Control (Amendment) (No. 2) Regulations 2015

• Jurisdiction: Ireland
• Citation: IR SI 365/2015
• Year: 2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th September, 2015.

I, PAUDIE COFFEY, Minister of State at the Department of the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 3 , 6 , 17 and 18 of the Building Control Act 1990 (No. 3 of 1990) and the Environment, Community and Local Government (Delegation of Ministerial Functions) Order 2014 ( S.I. No. 524 of 2014 ), hereby make the following regulations:

Citation

1. (1) These Regulations may be cited as the Building Control (Amendment) (No. 2) Regulations 2015.

(2) The Principal Regulations and these Regulations may be cited together as the Building Control Regulations 1997 to 2015 and shall be construed together as one.

Commencement

2. These Regulations come into operation on 1 September 2015.

Interpretation generally

3. In these Regulations:

“Principal Regulations” means the Building Control Regulations 1997 ( S.I. No. 496 of 1997 ) as amended by the Building Control (Amendment) Regulations 2000 ( S.I. No. 10 of 2000 ), the Building Control (Amendment) Regulations 2004 ( S.I. No. 85 of 2004 ), the Building Control (Amendment) Regulations 2009 ( S.I. No. 351 of 2009 ), the Building Control (Amendment) Regulations 2014 ( S.I. No. 9 of 2014 ), the Building Control (Amendment) (No.2) Regulations 2014 ( S.I. No. 105 of 2014 ) and the Building Control (Amendment) Regulations 2015 ( S.I. No. 243 of 2015 ).

Amendment of Article 5 of the Principal Regulations

4. The Principal Regulations are amended by:

(a) inserting after the definition of “commencement notice” the following definition—

“ “company” means a company to which the provisions of the Companies Act 2014 apply, or a company or a body corporate incorporated in another state;”,

(b) inserting after the definition of “statutory declaration” the following definition—

“ “total floor area” as referred to under Articles 9(2)(b), 20A(2)(b)(ii) and 20F(2)(b) in the context of an extension to a dwelling refers only to the total floor area of the proposed extension as described in the commencement notice”, and

(c) inserting after Article 5(6) the following:

“(7)(a) For the avoidance of doubt, these regulations do not prevent an owner when completing, as required, a Notice of Assignment of Builder as set out in the Second or Third Schedules as appropriate, from taking on the role of the builder for the purposes of these regulations. The owner shall then also sign the form of Undertaking by the Builder and, where applicable, Part A — Certificate by the Builder — of the Certificate of Compliance on Completion.

(b) Where the assigned builder is a building company, the form of Undertaking by the Builder and Part A — Certificate by the Builder — of the Certificate of Compliance on Completion shall be signed by a Principal or a Director of the Building Company. These forms shall not be signed by an ordinary employee of the building company.”

Amendment of Article 6 of the Principal Regulations

5. The Principal Regulations are amended by:

(a) deleting Article 6(a), and

(b) substituting for Article 6(d) the following—

“(d) a building referred to in paragraph (b).”

Amendment of Article 9 of the Principal Regulations

6. The Principal Regulations are amended by:

(a) substituting for Article 9(2) the following—

“(2) Subject to paragraph (5), the requirements of paragraph (1)(b) shall apply to the following works and buildings—

(a) the design and construction of a new dwelling,

(b) an extension to a dwelling involving a total floor area greater than 40 square metres,

(c) works to which Part III applies.”

(b) inserting after Article 9(4) the following—

“(5) Notwithstanding the provisions of subparagraphs (2)(a) and (2)(b), in the case of a new single dwelling, on a single unit development, or an extension to a dwelling, a commencement notice may, as an alternative to the requirements at subparagraphs (1)(b)(i)(IV), (1)(b)(ii)(I), (1)(b)(ii)(II), (1)(b)(ii)(III) and (1)(b)(ii)(V) be accompanied by a Declaration of Intention to Opt Out of Statutory Certification. This declaration shall be made by the owner via the Building Control Management System or on the appropriate form set out for that purpose in the Second Schedule.”

Amendment of Article 20F of the Principal Regulations

7. The Principal...