S.I. No. 520/2023 European Union (in - Building Physical infrastructure for High - Speed Electronic Communications) Regulations 2023​

The Requirement: https://www.irishstatutebook.ie/eli/2023/si/520/made/en/print ​

Regulation 3 (1) Where a notice is submitted on or after the date of the coming into operation of these Regulations for:​

 (a) a building which is to be newly constructed, or​

 (b) a building on which major renovation works are to be carried out, including where elements of a building referred to in subparagraph (a) or (b) are under joint ownership, works shall be carried out in such a way so as to ensure that a building is equipped with a high-speed-ready in-building physical infrastructure up to a network termination point​

 (2) Where a notice is submitted on or after the date of the coming into operation of these Regulations for: ​

(a) a multi-dwelling building which is to be newly constructed, or ​

(b) a multi-dwelling building on which major renovation works are to be carried out,​

works shall be carried out in such a manner so as to ensure that the building is equipped, in addition to the high-​

speed ready in-building physical infrastructure up to the network termination point, with an access point .

Where a commencement notice has been submitted on or after 25th October 2023 for buildings or works referred to in ​Regulation 3, the buildings must be provided with infrastructure in the building that will enable Network providers to ​install cabling, with minimal disruption to the fabric of the building, from an access point to the end users termination point. ​

​Technical Guidance where works are carried  out in accordance with the guidance in this document, this will, prima facie,​ indicate compliance with the European Union (In-Building Physical Infrastructure for High-Speed Electronic Communications) Regulations 2023. ​

Type of Roof Construction: Insulated roofs can be described as a)“Cold roofs” or b)“warm roofs” 

From BS 5250:2002 Code of practice for control of condensation in buildings:

a) Cold deck roofs have the insulation located below the roof deck, usually at ceiling level. It is essential that both a vapour control layer and adequate ventilation of roof voids is provided.

b) Warm deck roofs have insulation located above the roof decking. This type of roof relies on a high resistance vapour control layer below the insulation.

Type of spray foam Insulation: A number of Agrement Certificates are available for Spray Foam Insulation for pitched roof constructions with underlay, ventilation and vapour control. The 2 types are open cell (flexible) or closed cell (rigid)  spray foam insulation.

*Installation of spray foam insulation must be carried out by installers who have been approved and trained by the Certificate holder and are also NSAI Agrément registered spray foam applicators.

Building Regulations: Works to which the Building Regulations apply must comply with the requirements of :

•  Part F, Ventilation

  F2 Condensation in roofs  which require “Adequate provision shall be made to prevent excessive condensation in a roof or in a roof void above an insulated ceiling.”. Guidance on adequate ventilation measures is outlined in the Technical Guidance Document F . Providing adequate ventilation to protect the existing fabric of the roof, timber and underlay, is a requirement when Installing insulation below the roof deck(cold roofs) whether at ceiling level or following the pitch of the rafters to  ensure compliance with the requirement of Part F2 and prevent condensation in the roof. An existing underlay, as well as the contribution of existing wall floor and ceiling level insulation will determine the level of risk in a particular property of condensation problems arising.

Condensation can lead to  the development of mould and rot.

• Part A Structure : The Installation of closed cell insulation may impact on the structural integrity of existing building timbers,
• Part B  Fire Safety: Spray foam insulation is combustible and should not be used in areas where fire separation is required ie over separating walls in terraced or semi -detached dwellings.
• Part D of the Building Regulations, materials and workmanship must also be considered.  Compliance with Part D can be demonstrated by using "Proper materials” as defined in Part D3.  One way to achieve this is only using materials and carrying out the works in compliance with the recommendations in and conditions of an Irish Agrément Certificate*.
• Part L Conservation of fuel and Energy:  Increasing the insulated volume of a dwelling by replacing ceiling level insulation with rafter insulation whether spray foam or other means may alter the demand on existing heating and ventilation systems within the dwelling. 

Article 11 of the Building Regulations provides the Regulations apply to “all works in connection with the material alteration or extension of a building, and (b) to every part of a building affected by works referred to in paragraph (a) but only to the extent of prohibiting any works which would cause a new or greater contravention, in such building, of any provision of these Regulations.”. 

Remedial work or removal of spray foam insulation could be invasive and expensive. When considering any works, homeowners are advised to establish their Statutory obligations including requirements of the Building Regulations.  Evidence of compliance may be required by Lenders, Insurance Companies and or purchasers of your dwelling.

•A “Dwelling” is defined for Building Control purposes as   –”A house or flat, forming a separate unit of residential accommodation.” S.I. No. 497/1997 Building Regulations 1997 5 Interpretation

All dwellings are subject to Building Control Regulations & Building Regulations unless otherwise exempted within these Regulations. 

•“Building” is defined in the Building Control Act, 1990 Section 1. Interpretation “includes part of a building and any class or classes of structure which are prescribed by the Minister to be a building for the purposes of this Act”,  S.I. No. 497/1997 - Building Regulations, 1997-require that "(1) Every works or building to which these Regulations apply shall be designed and constructed—(a) in accordance with the appropriate requirements set out in the Second Schedule, and (b) in such a manner as to avoid the breaching of any other requirement of that Schedule. (2) No works shall be carried out to a building which would cause a new or greater contravention in the building of any provision of these Regulations," subject to  Section 8. Exemptions  ref,  THIRD SCHEDULE

•THIRD SCHEDULE EXEMPTED BUILDINGS;  which include "temporary dwellings"

a)CLASS 10, A "temporary dwelling" as defined in the Local Government (Sanitary Services) Act, 1948 (No. 3 of 1948) "the expression means any— (a) tent, or (b) van or other conveyance (whether on wheels or not), or (c) shed, hut or similar structure, or (d) vessel on inland waters, (ship, boat, barge or lighter) used for human habitation or constructed or adapted for such use."

b)CLASS 13, A building of a temporary nature erected on a site for a period not exceeding 28 consecutive days or 60 days in any period of 12 months. (NOTE IF OUTSIDE 28 CONSECUTIVE DAYS OR 60 DAYS IN ANY PERIOD OF 12 MONTHS, THE DWELLING CANNOT BE CLASSIFIED AS TEMPORARY & MUST COMPLY WITH THE REQUIREMENTS OF THE BUILDNG CONTROL & BUILDING REGULATIONS).

It should be noted that Building Owners may have other Statutory obligations under other legislation, regarding temporary dwellings.

Non exhaustive list including the Planning & Development Act, The Fire Services Act & the Health Safety & Welfare at Work Act.

If Planning Permission, Fire Safety Certificate, Disability Access Certificate is required for the building or works, then the Building or works must comply with the  Building Control Regulations and the Second schedule to the Building Regulations Parts A-M.

Technical Guidance Document, TGD F provides guidance in relation to application of Part F of the Second Schedule to the Building Regulations. 

Section 1 - Means of Ventilation

1.2.1.10 Ventilation systems should be designed by competent designers. Systems should be installed, balanced and commissioned by competent installers e.g. Quality and Qualifications Ireland accredited or Education Training Board or equivalent. Systems, when commissioned and balanced, should then be validated by a competent person to ensure that they achieve the design flow rates. The validation should be carried out by a person certified by an independent third party to carry out this work, e.g. Irish National Accreditation Board (INAB), National Standards Authority of Ireland (NSAI) certified or equivalent. Detailed information on the installation and commissioning of ventilation systems is provided in  Installation and Commissioning of Ventilation Systems for Dwellings - Achieving Compliance with Part F 2019 

Guidance is given in I.S. EN 14134: 2019: Ventilation for buildings – Performance testing and installation checks of residential ventilation systems. 

The Tester Register is operated by The National Standard Authority of Ireland NSAI. Certified Ventilation Validator/Tester will need to demonstrate the following competencies to be included on this register:

• Demonstrate familiarity with a range of ventilation systems/approaches that they are likely to encounter in dwellings. Typical systems and approaches are described in TGD to Part F - Ventilation (2019) of the Building Regulations and Section 4 of the NSAI “Ventilation Validation Registration Scheme Master Document”
• All measuring instruments need to present a valid annual calibration certificate annually
• The Tester will need to pass an air flow proficiency test (clause 8.3) of the NSAI “Ventilation Validation Registration Scheme Master Document”.
• The Tester will need to demonstrate that they can correctly configure the dwelling prior to measuring the flow rate in the ventilation system.
• The Tester retains adequate documentary evidence when carrying out a validation check.
• The Tester must issue third party “Ventilation validation Certificates”.