Building Control (Amendment) Regulations 2014

JurisdictionIreland
CitationIR SI 9/2014
Year2014

INDEX

1. Citation Page 3

2. Commencement Page 3

3. Interpretation generally Page 3

4. Amendment of Article 5(4) of the Principal Regulations Page 3

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

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

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

8. Amendment of Article 10 of the Principal Regulations Page 6

9. Amendment of Title of Part IIIA of the Principal Regulations Page 6

10. Amendment of Article 20A(2) of the Principal Regulations Page 6

11. Amendment of Article 20A(3) of the Principal Regulations Page 8

12. Insertion of Part IIIC to the Principal Regulations Page 8

13. Amendment of Article 21 of the Principal Regulations Page 11

14. Amendment of Article 23 of the Principal Regulations Page 12

15. Amendment of Second Schedule to the Principal Regulations Page 13

16. Amendment of Third Schedule to the Principal Regulations Page 21

17. Insertion of Sixth Schedule to the Principal Regulations Page 28

18. Revocation Page 30

S.I. No. 9 of 2014

BUILDING CONTROL (AMENDMENT) REGULATIONS 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st January, 2014.

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 2014.

(2) The Principal Regulations and these Regulations may be cited together as the Building Control Regulations 1997 to 2014 and shall be construed together as one.

Commencement

2. These Regulations come into operation on 1 March 2014.

Interpretation generally

3. In these Regulations:

“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);

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

“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 ).

Amendment of Article 5(4) of the Principal Regulations

4. The Principal Regulations are amended in Article 5(4):

(a) by inserting after the definition of “building control authority” the following definition—

“Building Control Management System” means the information technology-based system hosted by the Local Government Management Agency and developed to facilitate the electronic administration of building control matters by building control authorities as the preferred means of building control administration;”, and

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

“Certificate of Compliance” means a certificate of compliance provided for under section 6(2)(a)(i) of the Act of 1990 and includes—

(i) Certificates of Compliance (Design),

(ii) Certificates of Compliance (Undertaking by Assigned Certifier),

(iii) Certificates of Compliance (Undertaking by Builder), and

(iv) Certificates of Compliance on Completion;”.

Insertion of Article 6A to the Principal Regulations

5. The Principal Regulations are amended by inserting after Article 6 the following:

“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

6. The Principal Regulations are amended by substituting for the Title of Part II the following:

“Part II — Commencement Notices and Certificates of Compliance before construction”.

Amendment of Article 9 of the Principal Regulations

7. The Principal Regulations are amended by substituting for Article 9 the following:

“Form of Commencement Notice

9. (1) A commencement notice shall be—

(a) filed electronically on the Building Control Management System or set out in the form for that purpose included in the Second Schedule, and

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

(i) such plans, calculations, specifications and particulars as are necessary to outline 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, and including—

(I) general arrangement drawings including plans, sections and elevations,

(II) a schedule of such plans, calculations, specifications and particulars as are currently designed or as are to be prepared at a later date,

(III) the completion of an online assessment, via the Building Control Management System, of the proposed approach to compliance with the requirements of the Second Schedule to the Building Regulations,

(IV) the preliminary Inspection Plan prepared by the Assigned Certifier, and

(ii) the following certificates and notices in the appropriate forms set out in the Second Schedule—

(I) a Certificate of Compliance (Design),

(II) a Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier),

(III) a Certificate of Compliance (Undertaking by Assigned Certifier),

(IV) a Notice of Assignment of Builder,

(V) a Certificate of Compliance (Undertaking by Builder), and

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

(2) 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.

(3) If, for whatever reason, having submitted the commencement notice in respect of works or a building subject to paragraph (1)(b), a building owner changes either the person assigned to inspect and certify the works or the assigned builder, then the building owner shall within 14 days notify the building control authority of the change by submitting, electronically or otherwise, the appropriate notices of assignment and forms of undertaking referred to under paragraph (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 paragraph (1)(b) occurs prior to completion, the new owner shall within 14 days notify the building control authority electronically or otherwise that they are now the owner of the building or the works.”.

Amendment of Article 10 of the Principal Regulations

8. The Principal Regulations are amended—

(a) by substituting for Article 10(1)(a) the following:

“record the date of receipt of the notice, and”,

(b) by substituting for Article 10(3) the following:—

“Where a building control authority considers that a commencement notice does not comply with Article 9, they may respond, within 7 days of receipt of a notice filed electronically or within 12 days of receipt of a notice received in writing, by electronic means or in writing as appropriate, and notify the person giving the commencement notice, that, having regard to the extent of the failure to comply with the said Article,

(a) the commencement notice is invalid and cannot be accepted by the authority, or

(b) that such revised notice, or such additional information or fee, as may be necessary to comply with the said Article will be required to be submitted.”,

(c) by substituting for “the notice and the fee which accompanied the notice.” in Article 10(4) the following:

“the fee and any original documentation received from the person giving the notice.”.

Amendment of Title of Part IIIA of the Principal Regulations

9. The Principal Regulations are amended by substituting for the Title of Part IIIA the following:

“Part IIIA — 7 Day Notice, Certificates of Compliance, Revised Fire Safety Certificate, Regularisation Certificate, Statutory Declaration and 7 Day Notice Statutory Declaration”.

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

10. The Principal Regulations are amended by substituting for Article 20A(2) the following:

“(2)(a) A 7 day notice shall be—

(i) filed electronically on the Building Control Management System or set out on the form for that purpose included in the Third Schedule,

(ii) subject to subparagraph (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 Articles 13(2)(a) and 13(2)(b),

(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 outline 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, and including—

(A) general arrangement drawings including plans, sections and elevations,

(B) a schedule of such plans, calculations, specifications and particulars as are currently designed or as are to be prepared at a later date,

(C) the completion of an online assessment, via the Building Control Management System, of the proposed approach to comply with the requirements of the Second Schedule to the Building Regulations,

(D) the preliminary Inspection Plan prepared by the Assigned Certifier, and

(IV) the following certificates and notices in the appropriate forms set out in the Third Schedule—

(A) a Certificate of Compliance (Design),

(B) a Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier),

(C) a Certificate of Compliance...

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