FAQs

Building control regulations - legislation

Consumer Protection, Health and Safety in or About Buildings & Competitiveness, Sustainability Local Government Reform Act 2014 & Programme – EFFICIENCY, CUSTOMER SERVICE & VALUE FOR MONEY

Building Control Amendment Regulations 2014 – MANDATORY INSPECTIONS AND CERTIFICATION SYSTEM

  • Certificates of compliance
  • Undertakings by Owners, Builders, Assigned Certifiers, Designers 
  • Nomination of competent Builders, Assigned Certifiers, Designers

Construction Products Regulations - BREAK DOWN TECHNICAL BARRIERS & MARKET SURVEILLANCE

  • July 2013-construction products covered by harmonised European Standards-placed on the market, CE Marking mandatory.

Construction 2020 - STRENGTHENING PUBLIC CONFIDENCE THROUGH ROBUST REGULATION

  • 53 ensure effective implementation of Building Control (Amendment) Regulations –to ensure stronger consumer protection.
  • 54 Agreed Operational Framework for BCAs to standardise work practices, systems, procedures and decision-making in relation to oversight of building control activity across 31 BCAs - move towards a risk-based approach to inspections 
  • 55 Construction Industry Register, Ireland’s register of contractors, builders and tradespersons

Action Plan for Jobs - IMPROVE EASE OF DOING BUSINESS

  • 235 Streamline the application procedures for Fire Safety Certificates and Disability Access Certificates, in the interests of efficient administration and furthering Government policy to make Ireland a better place to do business. 236 Further develop the Building Control Management System (BCMS) - Prepare comprehensive user manual for industry users Develop BCMS to incorporate/accommodate FSC, applications for waivers and dispensations, etc.

Number 3 of 1990. BUILDING CONTROL ACT, 1990 AN ACT TO PROVIDE FOR

 - THE ESTABLISHMENT OF BUILDING CONTROL AUTHORITIES AND

 - THE MAKING OF BUILDING REGULATIONS AND 

- BUILDING CONTROL REGULATIONS AND 

- TO PROVIDE FOR MATTERS RELATING TO THE 

- CONSTRUCTION OF BUILDINGS AND 

- TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. 

[21st March, 1990]

Number 21 of 2007 BUILDING CONTROL ACT 2007 

- AN ACT TO AMEND AND EXTEND THE BUILDING CONTROL ACT 1990; 

- TO REGULATE THE USE OF THE TITLES 

- “ARCHITECT”,

- “QUANTITY SURVEYOR” AND “BUILDING SURVEYOR”; 

- TO IMPLEMENT CERTAIN PROVISIONS OF DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 7 SEPTEMBER 2005 ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS 

- AND TO PROVIDE FOR RELATED MATTERS.

 [21st April, 2007]

DESIGN "design" includes the preparation of plans, particulars, drawings, specifications, calculations and other expressions of purpose according to which the construction, extension, alteration, repair or renewal concerned is to be executed and "designed" shall be construed accordingly;
CONSTRUCTION "construction" includes the execution of works in connection with buildings and any act or operation necessary for or related to the construction, extension, alteration, repair or renewal of a building and "constructed" shall be construed accordingly;
BUILDING "building" 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;
WORKS “works” includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building;
MINOR WORKS “minor works” means works consisting of the installation, alteration or removal of a fixture or fitting, or works of a decorative nature;
SUBSTANTIAL WORK HAS BEEN COMPLETED “substantial work has been completed” means that the structure of the external walls of the building has been erected
REPAIR OR RENEWAL “repair or renewal” means works of maintenance or restoration of a routine nature relating to—(a) the keeping of a building in good condition or working order
MATERIAL ALTERATION “material alteration” means an alteration (other than a repair or renewal), where the work, or any part of the work, carried out by itself would be subject to a requirement of Part A or B of the Second Schedule to the Building Regulations;
MATERIAL CHANGE OF USE "Material Change of Use" Section 3(3) of the Ac( a ) a building, being a building, which was not originally constructed for occupation as a dwelling, or which, though so constructed, has been appropriated to other purposes, becomes used as a dwelling,






FAQ 5. What are the key components of the Building Control Regulations / Building Regulations?

The owner of the building, the designer who designs the works, and the builder who carries out the works are responsible, under law, for compliance with Building Regulations and Building Control Regulations.






7. How does Building Control interact with other Legislation?

Table of Contents 

1. Introduction 

2. Definitions 

3. Roles and Duties 

4. Certification 

5. Lodgement of Plans and Documentation 

6. Commencement Stage 

7. Construction Stage Inspection – by Certifiers 

8. Completion Stage 

9. Archiving of Records 

10. E-lodgements 

11. Professional Ethics 

12. Insurance Appendix: List of Requirements under Building Regulations

https://www.localgov.ie/

Building control regulations - administration of building control

 

What is the Building Life Cycle Strategic Management Cycle?

Planning Acts SHWW Acts Multi Units Development Acts Construction Law
• Pre-planning • PSDP • Certification from  Housing Acts 1966-2015
• Development plans • PSCS Competent Person  Arbitration Acts1954-1980
• Taking in Charge • Safety File Building Control Acts Roads & Traffic Legislation
Health Acts Fire Services Act Building Regulations TIC-Traffic Management
• Designated Centres • Occupation Phase Building Control Regulations Pyrite Resolution Act 2013
• HIQA Registration • Section 18(2) – Duty of Care •Commencement /7Day Notices EU –Regulations & Directives
• Certification from • Section 18(6) – Fire • Fire Safety Certificates

Regulation (EU) No 305/2011 - Construction Products Regulation

EU (Construction Products) Regulations 2013 (S.I. No. 225 of 2013)

Competent Person Safety Assessment • Disability Access Certificates Market Surveillance-Regulation No 765/2008 of 9 July 2008
Sale of Goods & Services Acts  Contract Law Legislation •Certificates of Compliance on Completion

EU (Energy Performance of Buildings) Regulations 2012 S.I. No. 243 of 2012 -NZEB

S.I. No. 393/2021 - European Union (Energy Performance of Buildings) Regulations 2021

Derelict Sites Act 1990 Dangerous Structures Act 1964 Technical Guidance Documents Part A-M

Urban Regeneration and Housing Act 2015 

Bringing Back Homes - Manual for the reuse of existing buildings -2018

framework

The Building Control Regulations apply to new buildings, extensions, material alterations and changes of use of buildings. They promote observance of the Building Regulations by supplementing powers of inspection and enforcement given to Building  Control Authorities. 

 

The Building Control Regulations regulate:

1. Commencement Notices and 7 Day Notices

2. Fire Safety Certificates, Revised Fire Safety Certificates and Regularisation Certificates

3. Disability Access Certificates and Revised Disability Access Certificates

4. Maintenance of Registers

5. Fees

6. Statutory registration of building control activity

 

Failure to submit a Commencement Notice is an offence and will have serious consequences which cannot be regularised at a later date. You may have difficulties in selling your property if you cannot prove that the statutory requirements relevant to the property have been met.

 






Where can I find the Key Roles, Duties, and Standard Procedures in relation to Building Control?

Table of Contents:

 1. Introduction 

2. Definitions 

3. Roles and Duties 

4. Certification

 5. Lodgement of Plans and Documentation 

6. Commencement Stage 

7. Construction Stage Inspection – by Certifiers 8. Completion Stage

9. Archiving of Records 

10. E-lodgements 

11. Professional Ethics 

12. Insurance Appendix: List of Requirements under Building Regulations

 

 “Competent Person”: a person is deemed to be a competent person where, having regard to the task he or she is required to perform and taking account of the size and/or complexity of the building or works, the person possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken;

• Competence can be verified, for instance, by reference to involvement on previous similar projects. 

• One way of choosing a competent builder is to select a builder included on the Construction Industry Register Ireland (CIRI). Further details may be found on www.ciri.ie 

• Professional Designers and Assigned Certifiers may be selected from the Royal Institute of Architects of Ireland (RIAI), Society of Chartered Surveyors of Ireland (SCSI) and Engineers Ireland (EI) registers

(1) Architects on register pursuant to Part 3 (Registration of Architects) of the Building Control Act 2007 or 

(2) Building Surveyors on register pursuant to Part 5(Registration of Quantity Surveyors) of the Building Control Act 2007 or 

(3) Chartered Engineers on register pursuant to Section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969. and Competent: The regulations specifically require the Assigned Certifier to be competent to inspect and certify the works 

Note: a person who gives false or misleading information to a Building Control Authority/NBCO and/or signs a form of Commencement, Application, and/or Certificate or any other Building Control requirement stating that they are a Registered Architect, Registered Building Surveyor or Chartered Engineer without being so, is guilty of an offence under the Building Control Acts and may be prosecuted. Such actions may also be brought to the attention of the Gardaí and/or the Professional Institutions and the Notices, Applications and/or Certificates may be set to invalid status with the associated implication for owners. 

Note: may also have insurance implications & affect and/or conveyancing/good marketable title, etc..

https://www.riai.ie/work-with-an-architect/find-an-architect/practice-directory/eyJyZXN1bHRfcGFnZSI6Indvcmstd2l0aC1hbi1hcmNoaXRlY3RcL2ZpbmQtYW4tYXJjaGl0ZWN0XC9wcmFjdGljZS1kaXJlY3RvcnkiLCJsaW1pdCI6IjEwIn0

https://scsi.ie/the-register/check-the-register/is-your-bs-registered/

https://www.engineersireland.ie/Professionals/Membership/Members/Find-a-member/Search-members/

 

Statutory Declarations Act, 1938:

- It shall be lawful for any of the following persons, that is to say:

(a) a notary public,

(b) a commissioner for oaths,

(c) a peace commissioner,

(d) a person authorised by law to take and receive statutory declarations,

(e) a judge of the District Court

to take and receive the declaration in writing of any person making the same before him in the form set out in the Schedule to this Act.

 - Every person who makes a statutory declaration, which to his knowledge is false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

Regarding the situation where somebody resident outside the jurisdiction of the Republic of Ireland wishes to sign a Statutory Declaration: 

When a Statutory Declaration is being witnessed outside the jurisdiction it should be signed in the presence of a Notary Public.  A notary public is an internationally accepted accreditation. The prospective applicant should normally be able to locate the nearest qualified notary in his/her area by carrying out an internet search.

 

This Statutory Declaration is a legal sworn document. You are swearing that you have read, understand and are aware of the undertaking being made in this Statutory Declaration. It is an offence for a person to knowingly or recklessly make a Statutory Declaration that is false or misleading in a material respect. You should seek separate legal advice prior to signing the Statutory Declaration in the presence of (a) a notary public, (b) a commissioner for oaths, (c) a peace commissioner, or (d) a person authorised by law to take and receive statutory declarations as (a), (b), (c) or (d) cannot give advice on the contentstheir sole purpose being to witness the signature.

Refer to https://www.lawsociety.ie/globalassets/documents/public-leaflets/swearing.pdf .  

 

Signatures: Signatures used in the execution of Statutory Declarations must be Witnessed.  Electronic signatures are not permitted under Section 10 (1)(c)of the Electronic Commerce Act 2000  

Building regulations - technical design requirements of buildings

Buildings in Context

Interdisciplinary field- Planning, Building Control, Fire, Environment,
No Profession or Academic Discipline has a Monopoly- Planning & Strategic Development
Environment, Structures, Design, Aesthetics, Economics, Contract Management & Use…
Other Regulatory Compliances include Health & Safety, Taking In Charge, Roads, Services, Derelict/Dangerous Structures Acts,  Multi-Unit Developments Act, Housing Provision…

Part A Structure (2010)
Part B Fire Safety (2017)
Part C Site preparation and Resistance to Moisture Resistance (2004)
Part D Materials and Workmanship (2013)
Part E Sound (2014)
Part F Ventilation (2009)
Part G Hygiene (2011)
Part H Drainage and Waste Water Disposal (2010) Amendment (2016)
Part J Heat Producing Appliances (2014)
Part K Stairways, Ladders, Ramps and Guards (2014)
Part L Conservation of Fuel and Energy (2017)
Part M Access and Use (2010)

Must Commence within 14-28 days of Validation of Commencement Notice

Must Complete  to Comply with the Requirements of the 2nd  Schedule to the Building Regulations  Part A-M  

  • Connections to Water, Waste Water, Surface Water, Community Heating, Utilities, Electricity, Gas, Broadband, etc.
  • Service  Roads, Places of Refuge-Fire, Emergency Vehicles, Access etc.
  • Phased development must  stand alone for full compliance
  • Waste permits etc.

BCMS Building Control Act 1990-2007
Building Regulations Building Control Regulations
Technical Guidance Documents -Applications- S4 Dispensation from and- S4 Relaxation of a requirement of the Building Regulation Notices
  Section 6( k )  Building Control Acts 1990-2014
Part A— Structure (2010) Commencement Notice With Compliance Documentation
Part B—Fire Safety (2017) Commencement Notice with Opt Out Declaration
Part C—Site preparation and Resistance to Moisture Resistance (2004) Commencement Notice Without Compliance Documentation
Part D—Materials and Workmanship (2013) 7 Day Notice which includes for (a)FSC (b)Declaration
Part E—Sound (2014) Certificates
  Certificate of Compliance on Completion-CCC
Part F—Ventilation (2009) Annex Table of Documents
Part G—Hygiene (2011) Inspection Plan as Implement
Part H—Drainage and Waste Water Disposal (2010) Amendment (2016) Applications
Part J—Heat Producing Appliances (2014)

S6(2)(a)(ii) FSC –fire Safety Certificate

S6(2)(a)(vi) Revised FSC

S6(2)(a)(vi) Regularisation FSC

S6(2)(a)(ix) DAC-Disability Access Certificate

S6(2)(a)(x) Revised DAC

Part K—Stairways, Ladders, Ramps and Guards (2014) Statutory Public Register
Part L—Conservation of Fuel and Energy (2017) Validation by BCA 
Part M—Access and Use (2010)  

Building Regulations are a set of legal requirements for the design and construction of new buildings, extensions and material alterations to and certain changes of use of existing buildings. Building Regulations provide for, in relation to buildings, the health, safety and welfare of people, conservation of fuel and energy, and access for people with disabilities.

Technical Guidance Document A, 2012, Table 6 – Building Consequence Classes (Par. 2.2) 

Consequence Class

                                    Building type and occupancy

1 Single occupancy houses not exceeding 4 storeys;
  Agricultural buildings;
  Buildings into which people rarely go, provided no part of the building is closer to another building, or area where people do go, than a distance of 1.5 times the building height.
2a Lower Risk Group  5 storey single occupancy houses;
  Hotels not exceeding 4 storeys;
  Flats, apartments and other residential buildings not exceeding 4 storeys;
  Offices not exceeding 4 storeys;
  Industrial buildings not exceeding 3 storeys;
  Retailing premises not exceeding 3 storeys of less than 1000 m2 floor area in each storey;
  Single storey educational buildings;
  All buildings not exceeding two storeys to which the public are admitted and which contain floor areas not exceeding 2000 m2 at each storey.
2b Upper Risk Group Hotels, flats, apartments and other residential buildings greater than 4 storeys but not exceeding 15 storeys;
  Educational buildings greater than single storey but not exceeding 15 storeys;
  Retail premises greater than 3 storeys but not exceeding 15 storeys;
  Hospitals not exceeding 3 storeys;
  Offices greater than 4 storeys but not exceeding 15 storeys;
  All buildings to which the public are admitted and which contain floor areas exceeding 2000 m2 but not exceeding 5000
3 All buildings defined above as Class 2 Lower and Upper Consequences Class that exceed the limits on area and number of storeys;
  All buildings to which members of the public are admitted in significant numbers;
  Stadia accommodating more than 5000 spectators;
  Buildings containing hazardous substances and /or processes

Notes

(i) For buildings intended for more than one type of use the ‘consequences class’ should be that relating to the most onerous type
(ii) In determining the number of storeys, basement storeys may be excluded provided such basement storeys fulfil the requirements of ‘Consequences Class 2b Upper Risk Group’

NOTE: IF IN DOUBT, CONTACT YOUR LOCAL BUILDING CONTROL AUTHORITY

Yes.

The Owner may appoint themselves as the Builder if they believe they are competent to carry out that role and sign the Certificate of compliance (Undertaking by Builder).  As the Builder, they are responsible for compliance with the Building Regulations. They must sign the Certificate of Compliance on Completion and must also appoint an Assigned Certifier to inspect the works during construction.

If an Owner decides to opt-out of statutory Certificate of Compliance on Completion, they must declare that they understand their statutory requirements and will ensure that the dwelling or extension is designed and constructed in accordance with the relevant requirements of the Building Regulations.

  1. Underfloor fill - panel fixings, pyrite.. (Part A, C, D)
  2. Moisture ingress-radon, dpc. (Part C)
  3. Fire resistance-eaves, party walls, ducting (Part B)
  4. Sound transmission, flooring detail, insulation (Part E, L)
  5. Condensation & mould growth (Part F)
  6. Frozen pipes, attic tank, stopcocks (Part G)
  7. Septic tanks overload, flooding (Part H)
  8. Flues, location, size, burners (Part J)
  9. Balcony, Stair rails-wrong height, glass (Part K)
  10. Steps to entrances (Part M)
  11. BER calculations don’t exist, stud fixings, cavities clear of mortar  (Part L)
  12. Timber frame-fixings, vapour control, cavity barriers, fire stopping,
  13. Blocks with no certification (Part A,D)

Stage No Building Elements Relevant Part of Building Regulations Elements to be Inspected / Checked
  1. Design Stage
Paper Assessment- S11 Requests A-M A-M
  1. Formation Level
Substructure & Drains A,C,D,H Ground bearing, Drainage
  1. Foundations
Excavation Ready for Inspection A,C,D,H,,B,K,L,M Foundations, pipe covers
  1. Ground Floor Level
Superstructure walls and floor Joists laid A,C,D,H,,B,K,L,M Access, ventilation, walls
  1. Wall Plate Level
Services, ventilation etc A,B,D,E,F,M Fire, insulation, floors-sound
  1. Roof
Roof Construction & bracing complete A,B,J,K Fire, bracing, water storage
  1. Certification
First Fix Services Complete & Ready for Occupation A-M Installation manuals

Structure-S.I. No. 138 of 2012

A1 

Loading

(1) A building shall be designed and constructed, with due regard to the theory and practice of structural engineering, so as to ensure that the combined actions that are liable to act on it are sustained and transmitted to the ground -
  (a) safely, and
  (b) without causing such deflection or deformation of any part of the building, or such movement of the ground, as will impair the stability of any part of another building.
  (2) In assessing whether a building complies with sub-paragraph (1), regard shall be had to the variable actions to which it is likely to be subjected in the ordinary course of its use for the purpose for which it is intended.

A2

Ground movement

A building shall be designed and constructed, with due regard to the theory and practice of structural engineering, so as to ensure that movements of the subsoil caused by subsidence, swelling, shrinkage or freezing will not impair the stability of any part of the building.

A3 

Disproportionate Collapse 

(1) A building shall be designed and constructed, with due regard to the theory and practice of structural engineering, so as to ensure that in the event of an accident the structure will not be damaged to an extent disproportionate to the cause of the damage.
  (2) For the purposes of sub-paragraph (1), where a building is rendered structurally discontinuous by a vertical joint, the building on each side of the joint may be treated as a separate building whether or not such joint passes through the substructure.

A4 

Definitions for this Part

“actions” means a set of forces (loads) applied to the structure (direct actions) or a set of imposed deformations or accelerations (indirect actions).
  “variable actions” means actions for which the variation in magnitude with time is neither negligible nor monotonic such as imposed loads on building floors, wind actions or snow loads.