FAQs

1. A Commencement Notice is required under Part II Article 8 of the Building Control Regulations (SI No.496/1997) for works specified in Article 7. The Commencement Notice must be in the form set out in the second schedule, accompanied by the documentation set out in Article 9 of the Building Control (Amendment) Regulations (S.I. No. 9/2014)
2. Under Article 6A, Failure to comply with any requirement under Part II, shall be an offence to which section 17(2) of the (Building Control) Act of 1990 applies
3. For buildings or works where Part III  of the Building Control Regulations requires a Fire Safety Certificate(FSC) and/or Disability Access Certificate(DAC) to be granted the building cannot, under Article 43(1),  be opened operated or occupied without the Grant of the required,  FSC or DAC, by the Building Control Authority.(BCA)
4. Failure to submit a commencement notice and/or occupy the premises without the required granted certificate(s) is an offence to which Section 17(2) of the Act applies.
5. It is possible to apply for a regularisation Certificate under Article 20C where works have been commenced or completed without a Fire Safety Certificate required under Part III, Article 12(1)
6. There is no provision to regularise a breach under Articles 6A for non-submission of a commencement notice.
7. If a building or works have commenced without a commencement notice where one was required, and this is brought to the attention of the BCA and/or owner; it is open to the owner to submit a commencement notice for the remainder of the building or works; part of the certification and the accompanying documentation would have to include certification to the effect that due diligence was carried out on the already commenced  buildings or works (similar to building an extra storey on top of an existing building) etc. The completion certificate pertaining to this would only cover the works in the commencement notice and the works already carried out could never be the subject of a completion certificate for the purpose of the legislation. This doesn't mean that they are not compliant with the Building Regulations. This may cause legal impediments for the owner but this is not a concern of the BCA
8. The other option is that the owner demolishes and starts again.
9. The BCA may prosecute where the there is an offence of contravening the Building Control Regulations as provided for in Section 16 of the Act.
10. The BCA. may serve an enforcement notice under Section 8 of the Building Control Act where a building or works have commenced or have been completed and the building or works are not designed or constructed in conformity with the Building Regulations, before the expiration of the period of five years from the date of completion of the building or works or  the material change in the purpose for which the building is used.
11. The BCA may decide to serve the enforcement notice, enter the particulars in the statutory register.  The Court may following an application under Section 9 of the Act, modify, alter or annul the enforcement notice.  
12. Alternatively, the BCA  may decide not to prosecute for stated reasons which may include; financial consideration, the proportionality of the offence in relation to the consequences, the common good and the fact that the building or works may be certified as fully compliant with the Building Regulations but not compliant with the administrative requirements of the Building Control Regulations etc. Each BCA must look at the individual situations and ultimately it is up to them how to proceed.
13. The BCA, enforces (Building Regulations), prosecutes (Building Control Regulations)and requests removal; it may be that the judge would look at proportionality (Wicklow Fortune High Court Case)

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

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

•No works shall commence without a Valid Commencement Notice in compliance with Article 9 of S.I. No. 496 of 1997.

•In the case of

           •Article 10 for a Commencement Notice, request for a revised notice, additional         information, or fee, or 

           •Article 20A (3)(c) for a 7 Day Notice, request/require the applicant to furnish such further or amended plans, calculations, specifications, documents or particulars or such additional fee, as may be necessary to comply.

•Where the Building Control Authority  has not received such a response, an owner cannot commence works before such revised notice, or additional information, fee, or further amended plans... have been received by the Building Control Authority.

•For work coming within the scope of S.I. 9 of 2014, a Certificate of Compliance on Completion must be submitted to the Building Control Authority and relevant particulars thereof shall be included on the statutory register before the building may be opened, occupied or used.

•The Certificate must be signed by the Assigned Certifier and the Builder. It certifies that the building or works have been carried out in accordance with the Building Regulations.

•It is a matter for the Building Control Authority to validate/invalidate the Certificate of Compliance on Completion in accordance with Article 20F of the Building Control Regulations as amended

SIXTH SCHEDULE
CERTIFICATE OF COMPLAINCE ON COMPLETION

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Form Completed -

Part A Signed by Builder

Part B Signed by Assigned Certifier 

Accompanied by -

Inspection Plan as Implemented and completed by Assigned Certifier

ANNEX, Table of Plans, Calculations, Specifications, Ancillary Certificates and Particulars used for the
purpose of construction and demonstrating compliance with the requirements of the Second
Schedule to the Building Regulations and showing, in particular how the completed building
or works differ from the design submitted to the Building Control Authority prior to
construction.

(Refer also to Code of practice for Inspecting and Certifying Buildings and Works Table C2)

•Validate the submission of the Certificate of Compliance on Completion- process includes,

     •Check that certificate was properly completed and signed by the appropriate persons.

     •Check that Annex to CCC properly completed

     •Check that the Inspection Plan as Implemented properly completed

     •Check that there are no unresolved matters in relation to requests under Section 11 of the Act or

     •Enforcement Notices or

     •Conditions attached to Fire Safety Certificates, Disability Access Certificates, etc.

•Include details of same in the Statutory Building Control Register of Building Control Activity. 

Overview; As a general rule the purpose of the Certificate of Compliance on Completion is to demonstrate compliance with the;

1.   Administrative requirements as set out in the Building Control Regulations which is basically 3(a), (b)(i),  and the

2.  Design requirements 3(b)(ii) i.e., the requirements of the Second Schedule to the Building Regulations before Works or buildings can be opened, occupied or used

• Therefore, it is recommended that any phasing of developments for the purpose of Certificate of Compliance on Completion Certificates should be carefully considered in the context of interdependency of the Parts A-M with each other and the other phases in the development.

•For best practice housing development and construction compliance each phase should be designed to stand alone and as such compliance with Part A-M should be addressed both individually and collectively.

• In essence each phase of the development must be compliant and not have outstanding compliances in other phases even if this requires completing all the development works in advance i.e. Part B access for fire appliances, Part H treatment systems, Part M access and use, Part L, J there may be district heating etc. in general each phase must stand alone and should be assessed on its merits; best method is to audit the phase against the particular requirements of the Building Regulations, a consolidated summary is set out below for ease of reference

•Reference is made to the requirements of the Building Control Regulations the relevant section which is set out below;

“Building Control Regulations 1997-2014-Part IIIC – Certificate of Compliance on Completion

20F (1) Subject to paragraph (2), a Certificate of Compliance on Completion shall be submitted to a building control authority and relevant particulars thereof shall be included on the Register maintained under Part IV before works or a building to which Part II or Part IIIA applies may be opened, occupied or used.

(2) The requirement for a Certificate of Compliance on Completion shall apply to the following Commencement Notice Types-

          (a) Commencement Notice with Compliance Documentation

          (b) 7 Day Notice

(3) A Certificate of Compliance on Completion shall be –

(a)in the form specified for that purpose in the Sixth Schedule, and

(b)(b) accompanied by such plans, calculations, specifications and particulars as are necessary to outline how the works or building as completed –

         (i) differs from the plans, calculations, specifications and particulars submitted for the purposes of Article 9(1)(b)(i) or Article 20A(2)(a)(ii) as appropriate (to be listed and included at the Annex to the Certificate of Compliance on Completion), and

        (ii) complies with the requirements of the Second Schedule to the Building Regulations, and the relevant Technical Guidance Documents

(c) accompanied by the Inspection Plan as implemented by the Assigned Certifier in accordance with the Code of Practice referred to under article 20G(1) or a suitable equivalent.

•Commencement Notices for each individual property in multi-unit developments are not appropriate, having regard to the multiple Building Regulatory compliance factors that lie outside the site boundaries of individual properties;

•Single Commencement Notices are appropriate for multi-unit developments where the entire development is to be completed continuously from Commencement in one phase;

•Where multi-unit developments are intended to be completed in phases, separate Commencement Notices should be submitted for each such phase;

•Each individual property within each phase, where phasing is applied, must comply with Building Regulations at the time of disposal, including compliance with matters that lie outside the legal boundaries of each such individual unit but that impact on that compliance;

•Part of the submission at Commencement Notice stage, where phased disposal of individual properties is planned, must describe how such compliance will be achieved, including description of such temporary measures as may be necessary to be provided during the works to complete the entire scheme to achieve such compliance at all times for all phases of completion.

•Regard should be had to BCR 1997-must Commence on a specified date between 14-28 days of submission of Commencement Notice

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

1. STAND ALONE FULL COMPLETION - Detached Dwelling, Semi Detached Dwelling, Industrial Building. 

2. MULTI-UNIT FULL COMPLETION - Apartment Block, Small Shopping Centre (Full Fit Out) 

3. MULTI-UNIT PARTIAL COMPLETION - Shopping Centre (Shell & Core), Unit Fit Out 

4. EXTENSION TO AN EXISTING BUILDING - Extension To Shop, Extension To Nursing Home 

5. MATERIAL ALTERATION - Internal Works To Place Of Public Assembly, Provision Of Additional Internal Floor Area In An Existing Industrial Building 

6. MATERIAL CHANGE OF USE -A Domestic Dwelling Becomes So Used, Change From Office To Place Of Public Assembly

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

ROLE - 

Inspect; 

To Co-ordinate The Inspection Activities Of Others During Construction; 

To Certify The Building Or Works On Completion. Role does not include responsibility for the supervision of any builder. They may or may not be a member of the design team.

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(a) Provide And Sign The Relevant Statutory Certificates - I. Form Of Undertaking At Commencement And The II. Certificate Of Compliance On Completion; (

b) co-ordinate the ancillary certification by design team & other relevant bodies for the CCC; 

(c) identify all design professionals and specialists, in conjunction with the Builder, from whom certificates are required; 

(d) identify all certificates required and obtain them; 

(e) co-ordinate and collate all compliance certification in conjunction with the Builder; 

(f) in consultation with design team, plan and oversee the implementation of the Inspection Plan during Construction; 

(g) prepare Preliminary Inspection Plan- oversee adherence to this plan -on completion provide Inspection Plan as implemented; 

(h) on termination /relinquishment of their appointment make available to the Building Owner all certification prepared and inspection reports carried out; 

(i) act as single point of contact with the BCA during construction; 

(j) seek advice from the BCA, in respect of compliance matters relating to the building or works where disputes or differences of opinion arise between the parties to the project; and 

(k) maintain records of inspection

Refer slide35 and “Code of Practice for Inspecting and Certifying Buildings or Works September2 016”

Retrospective Opting Out of Certification for Older Commencement Notices-Opinion; 

As a general principle, people are obliged to comply with the law as it applies at a particular moment in time and changes to law are not retrospective. Retrospectively changing the rules once a project is underway is disruptive SI 365 of 2015 permits an opt out of statutory certification requirements in respect of works or buildings for which a commencement notice is lodged on or after 1 September 2015. 

The Building Control Regulations do not permit an opt out of statutory certification in respects of works/buildings for which a commencement notice was lodged prior to 1 September 2015.

 The Department has already been advising people as above. If an owner who submitted a commencement notice prior to 1 September 2015 fails to comply with the requirements of the Building Control Regulations they may be guilty of an offence. They will also be responsible for the consequences of their decision to operate outside of the law (e.g. breach of contract with assigned certifier, changing circumstances relevant to insurance cover if applicable). It is important therefore that professional advise is sought regarding obligations and not risk being held liable for the consequences of such decisions.

A Valid Commencement does not have an Expiry Date once commenced within the 14-28 Day period and substantial works have been carried out. A new Commencement Notice is not required after a prolonged delay. However, to comply with the Requirements of the Building Regulations it is recommended that the builder carry out due-diligence and the Building Control Authority issue a S11 request to show compliance with the Building Regulations. 

S11 Notice; 

“Building Control Act 1990-2007 as amended; 

Notice…. 

XXXX County Council as the Building Control Authority for your area have noted that you have recommenced development after a considerable time lapse. In order that the Building Control is satisfied that you have performed due diligence in the building re-commencement process you are required to submit to the building control authority the following; Evidence of surveys to the existing structure to show compliance with Parts A, Part C and Part D of the building regulations in particular your attention is drawn to compliance of radon barriers, dpcs, underfloor fill, concrete and block specification.”

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

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

A Commencement Notice must be submitted not less than 14 and not more than 28 days before works are due to commence. The local authority has 7 days to validate. Once validated works must commence within the 28 day period which would typically be within 7 to 10 days after validation. A multi unit project, even one of a modest size, would not find it possible to have a start made on each and every unit within that period. Once the builder can point to some work that has been undertaken in furtherance of meeting any of the requirements of the Building Regulations within the statutory period, the development has properly commenced. There is no statutory period within which a development (or any element, phase or unit of a development) must be completed. Article 8 of the Building Control Regulations 1997 to 2015 specifically refers to ‘works’. I do not see how it can therefore be argued that the commencement notice can only refer to a building and not a site. If the commencement notice referred to 65 houses and was validly commenced with 19 houses having been completed to date and ancillary works for all 65 unit having been undertaken, there is no reason why a further commencement notice would be required for the remaining houses at this stage.

A garage conversion is exempt development under Class 1 of Schedule 2 of the Planning & Development Regulations 2001 as amended. The floor area of a converted garage is not taken into account when calculating the total floor area of extensions to a dwelling If it requires Planning Permission, it will require a Commencement Notice without documentation. If it is a two storey domestic garage, it requires a Fire Safety Certificate, and therefore, either a Commencement Notice with Compliance Documentation, or a 7 Day Notice

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

Loft Conversion Guidelines homeowners at: https://www.gov.ie/en/publication/b9d03-loft-conversion-guidelines/ Loft Conversion Guidelines: Protect Your Family - Fire Safety Guidance -2022

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

• The position regarding loft/attic conversions has not changed. • Roof timbers are structurally necessary for the support of the roof and should not be cut or removed; ref, TGD A Structures

 • Attic spaces are not generally intended to be used as a storage space. The structure of the roof may not have been designed to support additional stored items loads; loft insulation may prevent safe access. 

• Ventilation is provided to control condensation in roof/loft/attic spaces. If vents have been provided in the eaves they should not be blocked or covered over. Beware of spray foam in a ventilated attic-always get professional design advice! 

• In a 3 storey home, the attic access hatch is a fire door. Do not alter without professional advice. 

• Loft/attic conversions do not generally come within the requirement for statutory certificates. Where works combine a loft/attic conversion with an extension, it is the size of the extension only (i.e., not counting the pre-existing attic space) that would determine whether the requirements for statutory “building control” certificates apply. However, homeowners, builders and designers must comply with the relevant requirements of the building regulations for such works or buildings irrespective of whether the works are subject to any building controls, i.e., Notices, Applications and/or Certification. 

• Always get professional design advice when considering works to your Loft/Attic and Read DHLGH, 

•  Loft Conversion Guidelines (2022) 

• Note works must not be such as to create a New or Greater contravention in relation to any requirement of the Building Regulations. 

• Note TGD F Ventilation also gives guidance with respect to room heights, to ensure adequate ventilation. 

• Note TGD K Stairways, Ladders, Ramps & Guards, is particularly relevant to those who are building a loft conversion and contains guidance in relation to building a staircase for access to the loft. 

• Note TGD B Volume 2 Dwellings, Appendix D gives specific details for loft conversions. 

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

All loft conversions must fully comply with Building Regulations 1997 (as amended), whether being built for storage purposes or as a habitable space. When the roof space of a dwelling house is converted to living accommodation, an additional storey is in effect added to the house. Additional storey height increases the difficulty of escape should a fire occur, and the provisions required under the building regulations are increased accordingly. 

Where the works do not comply in full with the requirements of the Building Regulations as a habitable space, the new 2nd floor space shall not be used for any habitable purposes. 

A habitable room is defined in the Building Regulations as a room used for living or sleeping purposes but does not include a kitchen having a floor area less than 6.5m , a bathroom or toilet . In terms of fire safety, Part B TGD Fire Safety Dwelling Houses Vol. 2 2017 Appendix D, sets out the minimum requirements for the conversion of loft space in dwelling houses to habitable accommodation. These requirements have been summarized in the Loft Conversion Guidelines Protect Your Family - Fire Safety Guidance, published by the Department of Housing, Local Government and Heritage. Other Parts of the Building Regulations will also apply Part A Structure TGD A Part D Materials and Workmanship TGD D; Part F Ventilation TGD F ,Part K Stairways, Ladders, Ramps and Guards TGD K ; Part L Conservation of Fuel and Energy TGD Part L.

Note that your Building Control Authority may, under Section 11 of the Building Control Act 1990 (as amended), undertake a site inspection at some time in the future. If at the time of such site inspection, the loft conversion is found to be used as a habitable accommodation while not being in compliance with the requirements of all relevant Building Regulations, enforcement under the terms of Section 8 of the Building Control Act 1990 (as amended) may follow to ensure compliance with Building Regulations.

S.I. No. 243/2012 - European Union (Energy Performance of Buildings) Regulations 2012. Give effect to the relevant provisions of Articles 1, 2, 3, 4(2), 6, 7, 11, 12, 13, 14(4), 15(4), 17, 18, 27, 28 and 29 of Directive 2010/31/EU on the energy performance of buildings (recast). “This Directive promotes the improvement of the energy performance of buildings within the Union, taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness.”

 S.I. 203 of 2012 PART 3 BUILDING ENERGY RATING, provides for the following; 

• Issue of BER certificates for dwellings and for buildings other than dwellings, • Advertising of BER (all buildings for sale or let must have a BER) • Production of a BER certificate to a Building Control Authority • Public buildings, display of BER certificates and • Offences 

Building Control Authorities are responsible for enforcing Part 3 for Proceedings for an offence under this Part may be brought and prosecuted by the Building Control Authority within whose functional area the dwelling or building other than a dwelling is located.

 1. SI 243 of 2012 (the recast of SI 666) defines a dwelling as …….(paraphrasing) “dwelling” means a building, or any part of a building, which is used or suitable for use by persons as a place to live. 

2. S.I. No. 243 of 2012, European Union (Energy Performance of Buildings) Regulations 2012, Part I, Article 4. Exempted buildings does not include Derelict buildings in the list of exemptions. 

3. Building Regulations should not be confused with Derelict Sites Legislation as a dwelling on the Derelict Site Register may or may not be a habitable dwelling

 If a dwelling is not suitable to live in it may be considered to be outside the scope of the regulations. If it was bought with a view to being made habitable it would require a BER cert before it is occupied or used or sold or let.

 Note: works to a derelict dwelling may require planning permission and therefore a Commencement Notice