FAQs

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.

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 contents, their 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  

• Commencement Notice; FORM OF COMMENCEMENT NOTICE FOR DEVELOPMENT: Owner
• FORM OF 7 DAY NOTICE; Building Control Acts 1990 and 2007: Owner
• Design Certificate; Form of Certificate of Compliance (Design): Designer
• NOTICE OF ASSIGNMENT OF ASSIGNED CERTIFIER; (Notice of Assignment of Person to Inspect and Certify Works): Owner
• UNDERTAKING BY ASSIGNED CERTIFIER; Form of Certificate of Compliance: Assigned Certifier
• NOTICE OF ASSIGNMENT OF BUILDER: Owner
• UNDERTAKING BY BUILDER; FORM OF CERTIFICATE OF COMPLIANCE: Builder
• CERTIFICATE OF COMPLIANCE ON COMPLETION: Assigned Certifier & Builder
• FORM OF 7 DAY NOTICE STATUTORY DECLARATION: Owner & Commissioner of Oaths

Section 6.

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

1.Notices ​

2.Applications​

3.Certificates​

4.Declarations​

5.Code of Practice for Inspecting and Certifying Buildings and Works

•A Commencement Notice is a notification to a Building Control Authority that a person intends to carry out either works or a Material Change of Use to 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. Once validated by the building control authority, works must commence on site within the 28 day period.

•If the works do not start within 28 days of the date of lodgement of the Commencement Notice, you must submit a new Commencement Notice prior to the commencement of any works taking place.

Section 6 (k) of the Building Control Acts 1990-2014 require the giving of notice to building control authorities of the erection of such buildings, or classes of buildings, or the carrying out of such works, or classes of works, as may be specified in the regulations. The Regulations provide for four Commencement Notice (CN) types:

i. Commencement Notice With Compliance Documentation

ii. Commencement Notice with Opt Out Declaration

iii. Commencement Notice Without Compliance Documentation

iv. 7 Day Notice which includes for 

(a)FSC 

(b)Declaration

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

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. It must be accompanied by a valid Fire Safety Certificate application and a Statutory Declaration. After the 1st March 2014, the additional requirements which apply to Commencement Notices will also apply to 7 Day Notices. The fee for a 7-Day Notice is €250 or €5.80 per square metre of applicable floor area (whichever is the greater).

Commencement Notices are required for the following:

1. the erection of a building;
2. a material alteration or extension of a building, or material change of use of a building;
3. works in connection with the material alteration (excluding minor works) of a shop, office or industrial building.

Note: a commencement notice may be required in certain circumstances where a planning permission is not required e.g. for extension with a floor area not exceeding 25sqm or certain material alterations.  Contact your local Building Control Officer for further clarification.

A Commencement Notice is not required:

1. for works or a change of use which are exempted development under the Planning Acts, and for which a Fire Safety Certificate is not required;
2. or where a 7 Day Notice has been submitted.

The fee for a Commencement Notice (Fifth Schedule Part A of the Building Control Regulations) is €30, or where the Commencement Notice relates to multiple buildings & neither parts III of the Building Control Regulations apply,  €30 in respect of each building.  

Additional charges will be imposed by the Building Control Authority for commencement notices which are not submitted online via the Building Control Management System. 

Defined in the Building Control Act Interpretation Section 1.“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;  For clarity each part of a building that is considered a dwelling (being a house or flat) can be considered a building in it's own right. As Parts III of the Building Control Regulations apply to flats, a building that contains flats, that is one subdivided horizontally, would be subject to a  €30 fee. In other circumstance where the building is subdivided vertically the dwelling can be considered a house and houses are not subject to Parts III.  In such case payment of €30 for each dwelling in the building is applicable.  The maximum fee (Part B) is €3,800.

The fees for a seven day notice are €250 or €5.80/m2 of floor area, whichever is the greatest (€130 or €1.60/m2 for agricultural building)  Submission of a 7 day notice must be accompanied by a valid Fire Safety Certificate application 

The maximum fee (Fifth Schedule Part B) is €25,000 

•Yes, as an Owner you can submit a Commencement Notice via the online Building Control Management System (BCMS) hosted on nbco.localgov.ie

•The Building Owner must first register on the BCMS system.

•The BCMS will allow building Owners to nominate an Assigned Certifier, Designer and Builder for the development works.

•Each party must be registered with the BCMS system to accept their respective roles in or sign their respective statutory forms.

Yes, Commencement/7Day Notice can be submitted at the offices of your local Building Control Authority. But, the online assessment must still be carried out via the Building Control Management System. There may also be an extra administrative charge for these over the counter submissions.

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. The 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.

Note: may need to consider any  insurance implications &/or such issues which may affect  conveyancing/good marketable title, etc..

COMMENCEMENT NOTICE WITH COMPLIANCE DOCUMENTATION; S.I. 9 of 2014:

A Building or works which relate to: 

•The construction of a domestic dwelling, or domestic dwellings in a multi-unit development

•The extension of a domestic dwelling of more than 40 sq.m

•Works which require a Fire Safety Certificate

COMMENCEMENT NOTICE WITH OPT OUT DECLARATION; S.I. 9 365 of 2015

A Building or works which relate to: 

•The construction of a single domestic dwelling on a single development site, or 

•The extension of a domestic dwelling of more than 40 sq.m,

Where the owner is choosing to Opt Out of the requirement for Statutory Certification

7 DAY NOTICE; S.I. 9 of 2014

•Works which require a Fire Safety Certificate, where the owner intends to commence the construction of such works before the grant of the relevant Fire Safety Certificate

COMMENCEMENT NOTICE WITHOUT COMPLIANCE  DOCUMENTATION; S.I. 351 0f 2009

•Any other works not listed above, where the Building Control Regulations require such a Notice 

Schedule of Documents (Plans, Calculations, Specifications, Ancillary Certificates & Particulars) - Schedule that may be relied on during process to demonstrate compliance with Building Regulations. All or some of these documents may be requested by the Building Control Authority.

Schedule of Documents(Plans, Calculations, Specifications, Ancillary Certificates & Particulars)-Schedule that may be relied on during process to demonstrate compliance with Building Regulations. All or some of these documents may be requested by the Building Control Authority.

Schedule of Documents(Plans, Calculations, Specifications, Ancillary Certificates & Particulars)-Schedule that     may be relied on during process to demonstrate compliance with Building Regulations. All or some of these documents may be requested by the Building Control Authority.

Schedule of Documents(Plans, Calculations, Specifications, Ancillary Certificates & Particulars)-Schedule that may be relied on during process to demonstrate compliance with Building Regulations. All or some of these documents may be requested by the Building Control Authority.