Building Control (Amendment) Regulations 2013

JurisdictionIreland
CitationIR SI 80/2013
Year2013

INDEX

1. Citation Page 3

2. Commencement Page 3

3. Interpretation Page 3

4. Insertion of Article 6A to the Principal Regulations Page 4

5. Amendment of Title of Part II of the Principal Regulations Page 4

6. Amendment of Article 9 of the Principal Regulations Page 4

7. Amendment of Title of Part IIIA of the Principal Regulations Page 5

8. Amendment of Sub-Article 20A(2) of the Principal Regulations Page 5

9. Insertion of Part IIIC to the Principal Regulations Page 7

10. Amendment of Article 21 of the Principal Regulations Page 9

11. Amendment of Second Schedule to the Principal Regulations Page 10

12. Amendment of Third Schedule to the Principal Regulations Page 18

13. Insertion of Fifth Schedule to the Principal Regulations Page 25

S.I. No. 80 of 2013

BUILDING CONTROL (AMENDMENT) REGULATIONS 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th March, 2013.

I, PHIL HOGAN, Minister for 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) hereby make the following Regulations—

Citation

1. (1) These Regulations may be cited as the Building Control (Amendment) Regulations 2013.

(2) These Regulations, the Building Control Regulations 1997 ( S.I. No. 496 of 1997 ), the Building Control (Amendment) Regulations 2000 ( S.I. No. 10 of 2000 ), the Building Control (Amendment) Regulations 2004 ( S.I. No. 85 of 2004 ) and the Building Control (Amendment) Regulations 2009 ( S.I. No. 351 of 2009 ) may be construed as one and cited together as the Building Control Regulations 1997 to 2013.

Commencement

2. These Regulations shall come into effect on 1 March 2014.

Interpretation

3. (1) In these Regulations, any reference to a schedule, part or article, which is not otherwise identified, is a reference to a schedule, part or article of these Regulations.

(2) In these Regulations, save where the context otherwise states:

“the 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 ) and the Building Control (Amendment) Regulations 2009 ( S.I. No. 351 of 2009 );

“the Act of 1990” means the Building Control Act 1990 (No. 3 of 1990) as amended by the Building Control Act 2007 (No. 21 of 2007);

“the Minister” means the Minister for the Environment, Community and Local Government.

(3) Article 5(4) of the Principal Regulations is amended by including the following definition to appear immediately after the definition of “Commencement Notice”:

“Certificates of Compliance” means a certificate of compliance provided for under section 6(2)(a)(i) of the Act of 1990 and includes Certificates of Compliance (Design), Certificates of Compliance (Undertaking by Assigned Certifier), Certificates of Compliance (Undertaking by Builder) and the Certificate of Compliance on Completion.

Insertion of Article 6A to the Principal Regulations

4. The following article shall be inserted immediately after article 6 of the Principal Regulations:-

“Offences

6A.Failure to comply with any requirement under Parts II, III, IIIA, IIIB or IIIC shall be an offence to which section 17(2) of the Act of 1990 applies.”

Amendment of Title of Part II of the Principal Regulations

5. The title of Part II of the Principal Regulations shall be substituted by the title “Part II — Commencement Notices and Certificates of Compliance before construction”.

Amendment of Article 9 of the Principal Regulations

6. The Principal Regulations are amended by substituting the following for article 9:

“Form of Commencement Notice

9. (1) A commencement notice shall be—

(a) in the form set out for that purpose in the Second Schedule, and

(b) subject to sub-paragraph (2), accompanied by—

(i) such plans, calculations, specifications and particulars as are necessary to demonstrate how the proposed works or building will comply with the requirements of the Second Schedule to the Building Regulations relevant to the works or building concerned,

(ii) a Certificate of Compliance (Design) in the form set out for that purpose in the Second Schedule,

(iii) a Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier) in the form set out for that purpose in the Second Schedule,

(iv) a Certificate of Compliance (Undertaking by Assigned Certifier) in the form set out for that purpose in the Second Schedule,

(v) a Notice of Assignment of Builder in the form set out for that purpose in the Second Schedule, and

(vi) a Certificate of Compliance (Undertaking by Builder) in the form set out for that purpose in the Second Schedule, and

(c) accompanied by such fee as is required under Part V.

(2) The requirements of sub-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 no greater than 40 square metres,

(c) works to which Part III applies.

(3) If, for whatever reason, having submitted the commencement notice in respect of works or a building subject to sub-paragraph (1) (b), a building owner changes either the person assigned to inspect and certify the works or the builder, then the building owner shall within 14 days notify the building control authority in writing of the change by submitting the appropriate notices of assignment and forms of undertaking referred to under (1)(b) reflecting the up-to-date arrangements in this regard.

(4) If, for whatever reason, a change of ownership of works or a building subject to sub-paragraph (1)(b) occurs prior to completion, the new owner shall within 14 days notify the building control authority in writing that they are now the owner of the building or works.’’

Amendment of Title of Part IIIA of the Principal Regulations

7. The title of Part IIIA shall be substituted by the title “Part IIIA — 7 Day Notice, Certificates of Compliance, Revised Fire Safety Certificate, Regularisation Certificate, Statutory Declaration, and 7 Day Notice Statutory Declaration”.

Amendment of Sub-Article 20A(2) of the Principal Regulations

8. The Principal Regulations are amended by substituting the following for sub-article 20A(2):

“(2)(a) A 7 day notice shall be—

(i) in the form set out for that purpose in the Third Schedule,

(ii) subject to sub-paragraph (b), accompanied by—

(I) a valid application for a fire safety certificate from the applicant in the form specified for that purpose in the Third Schedule and accompanied by such plans and particulars as required under paragraphs (a) and (b) of article 13(2),

(II) a 7 day notice statutory declaration in the form specified for that purpose in the Third Schedule,

(III) such plans, calculations, specifications and particulars as are necessary to demonstrate how the proposed works or building will comply with the requirements of the Second Schedule to the Building Regulations relevant to the works or building concerned,

(IV) a Certificate of Compliance (Design) in the form set out for that purpose in the Third Schedule,

(V) a Notice of Assignment of Person to Inspect and Certify Works in the form set out for that purpose in the Third Schedule,

(VI) a Certificate of Compliance (Undertaking by Assigned Certifier) in the form set out for that purpose in the Third Schedule,

(VII) a Notice of Assignment of Builder in the form set out for that purpose in the Third Schedule, and

(VIII) a Certificate of Compliance (Undertaking by Builder) in the form set out for that purpose in the Third Schedule, and

(iii) accompanied by such fee as is required under Part V.

(b) The requirements of clauses (2)(a) (ii) (III) to (VIII) inclusive 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 no greater than 40 square metres,

(c) works to which Part III applies.

(c) If, for whatever reason, having submitted the 7 day notice in respect of works or a building subject to clauses 2(a)(ii)(III) to (VIII) inclusive, a building owner changes either the person assigned to inspect and certify the works or the builder, then the building owner shall within 14 days notify the building control authority in writing of the change by submitting the appropriate notices of assignment and forms of undertaking as referred to under sub-paragraph (2)(a) reflecting the up-to-date arrangements in this regard.

(d) If, for whatever reason, a change of ownership of works or a building subject to the requirements of clauses (2)(a)(ii)(III) to (VIII) inclusive occurs prior to completion, the new owner shall within 14 days notify the building control authority that they are now the owner of the works or building.’’

Insertion of Part IIIC to the Principal Regulations

9. The Principal Regulations are amended by inserting the following after article 20E:

“Part IIIC — Certificate of Compliance on Completion

20F.(1) Subject to sub-paragraph (2), a Certificate of Compliance on Completion shall be submitted to a building control authority and relevant particulars thereof shall be included on the Register maintained under Part IV before works or a building to which Part II or Part IIIA applies may be opened, occupied or used.

(2) The requirement for a Certificate of Compliance on Completion 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 no greater than 40 square metres,

(c) works to which Part III applies.

(3) A Certificate of Compliance on Completion shall be—

(a) in the form specified for that purpose in the...

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