Building Regulations

Author:Mr Mark Barr, Simon Hannigan, Niav O'Higgins and Mary Liz Mahony
Profession:Arthur Cox
 
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Introduction

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...

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