Compliance & Support
The objective of the Compliance and Support Programme is to promote a strong culture of compliance with The Building Control Acts 1990–2014, encompassing the Building Regulations, Building Control Regulations and the Construction Products Regulations.
Building Control Acts - Building Control Regulations
The Building Control Acts 1990–2014 (the Acts) place statutory obligations on Owners, Designers, and Builders to ensure buildings are designed and constructed in accordance with the relevant requirements of Parts A to M of the Building Regulations. Furthermore, all buildings and works must be carried out in a "workmanlike manner” with “proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.”
Section 6 of the Acts provides for the making of Building Control Regulations “providing for matters of procedure, administration, and control for the purposes of securing the implementation of, and compliance with, the requirements of building regulations and building control regulations”.
The Building Control Regulations require owners, builders, and registered construction professionals (designers and assigned certifiers) to demonstrate through the Statutory Register of Building Control Activity that the works or buildings concerned have been designed and constructed in compliance with Building Regulations.
The important control mechanisms include Notices to Commence (Commencement Notices); Applications for Fire Safety and Disability Access Certifications, Dispensations/Relaxations; Declarations; Certificates of Compliance (before construction and on completion), and the Statutory Building Control Register. Building Control Authorities (BCAs) may prosecute non-compliance with the Building Control Regulations; for example, where a building or works is commenced without a valid Commencement Notice and/or a valid Fire Safety/Disability Access Certificate where one is required.
The Framework
The Framework for Building Control Authorities (the Framework) is part of the Operational Framework for Building Control Authorities, it provides guidance for BCAs with respect to undertaking their functions under the Acts and the Building Control Regulations. The Framework supports standardised work practices, consistent decision-making, and a nationally aligned, risk-management approach to inspections. The use of the Framework as a means of delivering Building Control is noted in the “Local Authority Corporate Plans Guidelines for the 2024-2029 cycle” as introduced by Circular LG 08/2024 issued by the Department of Housing, Local Government and Heritage.
BCMS/ICT
The programme delivers customer service to Owners, Builders, Designers, Assigned certifiers and the 31 Building Control Authorities and Market Surveillance Authorities, while encouraging the use of Information and Communication Technology (ICT) to record inspections. The Building Control Management System (BCMS) is the ICT system that is the preferred means of building control administration in Ireland, Building Control Regulation Article 5.(4).
Powers of Inspection, Enforcement and Offences
The Acts Section 11: Powers of inspection gives Building Control Authorities strong powers to inspect works or a building and require the owner or occupier of the building, or any person responsible for the construction of the building, to provide such plans, documents and information as are necessary to establish whether the requirements of building regulations are being complied with in relation to the building. .
The Acts Section 8 Enforcement Notices gives a Building Control Authority powers to enforce compliance, where building or works are not designed or have not been, or are not being, constructed or carried out in conformity with building regulations. And the failure to comply with building regulations is not such a failure in relation to which the Building Control Authority may be prepared to grant a dispensation or relaxation. .
The Acts Section 16 Offences "Any person who contravenes (by act or omission) any requirement of this Act or of any order, regulation or notice under this Act shall be guilty of an offence".
For support, contact support@nbco.gov.ie.
