Building Control (Amendment) Regulations 2014

The Building Control (Amendment) Regulations 2014 came into effect on the 1st March 2014 and are to be read in conjunction with the existing legislation. The new regulations relate to the commencement and certification of construction works and provide for a much more intensive system of monitoring and control of certain building or works. 

There was initially some confusion as to whether the new regulations applied to works where planning permission was granted prior to the 1st March 2014. However, the Department of the Environment, Community and Local Government has since confirmed that the date of receipt of a valid Commencement Notice by the Building Control Authority is the date for determining whether or not the new Regulations apply. Therefore, all Commencement Notices received by the Building Control Authority after the 1st March 2014 must comply with the new Regulations. 

The purpose of the new Regulations is to tighten up compliance with design and building regulations from the commencement of the works and to ensure compliance throughout the construction process. From the 1st March 2014 pursuant to S.I. 9 of 2014, for certain building works, the new Regulations require that Certificates of Compliance and other documents must be submitted with the Commencement Notice. 

The additional requirements also include:-

- The nomination of a competent Assigned Certifier to inspect and certify the works;

- The assignment of a competent builder to carry out the work; and 

- The submission of Certificates of Compliance on completion. 

These additional requirements apply to the construction of dwellings, the extension of a dwelling by more than 40 square metres and for works which require a Fire Safety Certificate.

Commencement Notice and 7 Day Notice 

A Commencement Notice is a notification to a Building Control Authority that a person intends to carry out works or a material change of use to a building which the Building Regulations apply. The notice must be given to the authority not more than 28 days and not less than 14 days before the commencement of works or the change of use. 

A 7 Day Notice is similar to a Commencement Notice and may be used for works which require a Fire Safety Certificate when the works need to start before the certificate is granted. All but very minor works will require a Commencement Notice or a Seven Day Notice.

Any Commencement Notices submitted after the 1st March 2014 and which falls within the scope of the new regulations must accompanied with the following documents:-

- Certificate of Compliance (Design)

- Notice of Assignment of Person to inspect and Certify Works (Assigned Certifier)]

- Undertaking by Assigned Certifier;

- Notice of Assignment of Builder;

- Undertaking by Builder;

- General arrangement drawings for building control purposes – plans, sections and elevations;

- A schedule of design documents currently prepared or to be prepared at a later date;

- The preliminary inspection plan;

- Any other documents deemed appropriate by the Assigned Certifier. 

What is an Assigned Certifier?

An Assigned Certifier is the registered professional you will be required to appoint to be responsible for overseeing the inspection and certification process.

The Assigned Certifier will work in conjunction with your builder as they will both be certifying that a finished building complies with the requirements of the Building

Regulations. The Assigned Certifier will be setting out and ensuring the execution of an inspection plan (incorporating an inspection notification framework), ensuring that all certification is provided, co-ordinating ancillary certification and specialist tests in conjunction with the Builder and providing certification at the completion stage along with the Builder.

Who can act as an Assigned Certifier?

An Assigned certifier must be:-

- An architect named on a Register maintained pursuant to Part 3 of the Building Control Act 2007, or

- A Surveyor named on a register maintained pursuant to Part 5 of the Building Control Act 2007; or

- An Engineer named on a register maintained pursuant to Section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969. 

Certificate of Compliance on Completion 

Before works or a building (to which the 2014 Regulations apply) can be opened, occupied or used, a validly completed Certificate of Compliance on Completion is required to be included on the statutory register maintained by the relevant Building Control Authority. 

The Certificate of Compliance on Completion must be signed by the Builder and the Assigned Certifier and must certify that the building or works have been carried out in accordance with the Building Regulations. 

Penalties for Non Compliance 

It is an offence not to submit a Commencement Notice when required and penalties include a fine and/or imprisonment. 

For works subject to the new regulations, if you fail to submit a Commencement Notice, you will be unable to submit a Certificate of Compliance on Completion, and your building will not be recorded on the national register. This would seriously impact your ability to sell or lease the property at a future date. 

For further information please contact Catriona[at]brophysolicitors.ie

Catriona Sharkey

Brophy Solicitors