Key Changes to Building Regulations S.I. 9 of 2014 and 365 of 2015

Application

The 2014 regulations apply to any development where a commencement notice is filed after the 1st March 2014. They relate to the following types of development:-

  1. The construction and design of a new dwelling. 
  2. Any extension to a dwelling where the floor area of such extension exceeds 40 square meters. 
  3. Works to which a fire safety certificate applies. 

New Documentation under the 2014 Regulations 

A number of new documents were introduced which include:-

  1. A New form Commencement Notice. 
  2. A Certificate of Compliance with Design 
  3. A Notice of Assignment of Person to Inspect and Certify Works. It should be noted that the assigned Certifier must be an architect, chartered engineer or a building surveyor.
  4. A Form of Certificate of Compliance (Undertaking by Assigned Certifier) 
  5. A Notice of Assignment of Builder. 
  6. A Certificate of Compliance (Undertaking by Builder)
  7. A Certificate of Compliance on Completion.

Submission of Documentation Pre Development

A newly formatted Commencement Notice must be filed electronically on the Building Control Management System and it must include:

  1. All drawings, plans and calculations to show that the building will comply with the Building Regulations. 
  2. Completed Certificates in a certain format from:-
    1. The owner of the premises appointing the builder,
    2. The Builder undertaking to build in accordance with the regulations,
    3. The Designer Certifying the Design of the building without qualification.
  3. An inspection plan outlining a program of inspections that the assigned certifier will carry out to monitor key elements of construction. 

Documentation required post completion of the Development works. 

A two part certificate of compliance on completion must be completed and submitted to the Building Control Authority. The first part of the certificate must be completed by the Builder and the second part must be completed by the assigned certifier. The Certificate should be in the format outlined in Sixth Schedule to the Regulations. An inspection plan as implemented by the assigned certifier must be included with the Certificate of Compliance.  A registrar of the submitted certificates must be maintained by the Authority.

Documents required by Solicitors on closing of sale of new houses

The regulations prohibit the opening, occupation or use of the property until the Certificate on Completion has been filed and registered by the Building Control authority. Solicitors will therefore require a copy of the Certificate of Compliance on Completion clearly identifying the subject property duly signed and registered with the Building Control Authority on the closing of the sale. 

Further Changes and “Opt Out” Provisions introduced by the Building Control Regulations 2015

These regulations came into effect on the 1st September 2015 and were brought in as a result of political pressure to alleviate the cost burden of the new certification regime for one off houses.  The amendments initiated by the 2015 Regulations effectively allow builders of new one off houses/extensions to circumvent the additional certification documents brought in by the 2014 regulations. 

Article five of the Regulations provide that an owner may complete a notice of assignment of builder and may take on the role of the builder. In those circumstances the owner shall also sign the Undertaking by the Builder and Part A of the Certificate of Compliance. 

Additionally local authorities will not have to comply with the 2014 amended regulations.

Furthermore Article 9 of the principal regulations are amended to provide an “Opt Out” option for the construction of a new single dwelling on a single unit development or an extension to a dwelling. The 2015 regulations effectively allow the owner of such development the mechanism whereby they opt out of some of the new provisions which were put into effect by the 2014 regulations. As such a Declaration of Intention to Opt out of Statutory Certificate must be submitted by a homeowner when submitting the commencement notice. This will obviate the necessity to submit the following documents:-

  1. The Preliminary Inspection Plan prepared by the Assigned Certifier. 
  2. A Certificate of Compliance on Design
  3. A Certificate of Compliance (Undertaking by Assigned Certifier) 
  4. A Certificate of Compliance (Undertaking by Builder)
  5. A Certificate of Compliance on Completion.

The owner will however still have to submit their Commencement Notice together with all drawings, plans and calculations to show that the building will comply with the Building Regulations.The Declaration of Intention to Opt out of Statutory Certificate will also have to be submitted. 

For more information please contact Richard O'Sullivan.