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…

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.

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) 

Notes

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)

ISSUES FOR CONSIDERATION-How do you propose to Comply?

•Preference for single CCC for each single legally distinct property

•Complete in one un-interrupted phase or many

•Taking In Charge?

•Single Commencement Notice –require multiple CCC?

•Length of time that might elapse between commencement of first units on a large development & last units & full completion/ Taking In Charge

•Disposing of parts of Large Developments to different Builders?

•Building Control Regulations 1997-2015-must Commence on a specified date between 14-28 days of submission of Commencement Notice

•If Phases proposed –consider separate Commencement Notices

•If different Builders proposed-consider separate Commencement Notices

Structure-S.I. No. 138 of 2012

Fire -S.I. No. 115 of  2006

Part B (Dwellings) - Fire -S.I. No. 57 of  2017

Part D - Materials and Workmanship-S.I. No. 224 of 2013

Part E - Sound- S.I. No. 606 of 2014 1st July 2015

Part F - Ventilation-S.I. No. 556 of 2009

Part G – Hygiene - S.I. No. 335 of 2008

Part H – Drainage and wastewater disposal -S.I. No. 561 of 2010

Part J – Heat  Producing Appliances -S.I. No. 133 of 2014 1st September 2014

Part K - Stairways, Ladders, Ramps and Guards- S.I. No. 180 of 2014

Part L - Conservation of Fuel and Energy (Dwellings)

1.3.9.7 Final Exits • 

• “Any final exit door in a dwelling house or a door which gives direct access to a balcony as provided in 1.3.7 should be provided with simple fastenings (thumb latches or other readily openable mechanism) which can be operated from the escape side without the use of a key” 
•  Section 0.1.17 defines a final exit as ‘The termination of an escape route from a building giving direct access to a street, passageway, walkway or open space, and sited to ensure the rapid dispersal of persons from the vicinity of a building so that they are no longer in danger from fire and/or smoke’. 
• The reference to "Any" in Section 1.3.9.7 refers to the door on the primary escape route usually the front door i.e. the door of the hallway serving the dwelling. In such scenarios the patio or back door may still be locked by key and do not have to be readily openable. The only scenario where more than one door may need to be readily openable is where the stairs delivers the occupant between two areas (either of which could be on fire) and in such cases the "Final exit" may be either of the doors see diagram 2(b) (attached for your reference) in which case both the "Final exits" should be readily openable. For the purposes of clarity the reference to door to Balcony is where the door is being used as an alternative escape instead of a window as per Section 1.3.7.1. of TGDB 2017

Clarification 

• The "Any" refers to the door on the primary escape route usually the front door i.e. the door of the hallway serving the dwelling. In such scenarios the patio or back door may still be locked by key and do not have to be readily openable. 
• The only scenario where more than one door may need to be readily openable is where the stairs delivers the occupant between two areas (either of which could be on fire) and in such cases the "Final exit" may be either of the doors see diagram 2(b) in which case both the "Final exits" should be readily openable. 
• For the purposes of clarity the reference to door to Balcony is where the door is being used as an alternative escape instead of a window as per 3.7.1.

The Building Regulations came into force on the 1st June 1992. As and from that date, all works to which the Building Regulations relate, which are carried out must be carried out in in accordance with the Building Regulations. 

The Building Regulations 1997 - 2017 set out the legal requirements in Ireland for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings. The related Technical Guidance Documents (Parts A - M respectively) provide technical guidance on how to comply with the regulations in practical terms. Where works are carried out in accordance with the relevant technical guidance, such works are considered to be, prima facie, in compliance with the relevant regulation(s). Technical Guidance Documents are free to view / download on the website of the Department of Housing, Planning and Local Government at the hyperlink set out below: - https://www.housing.gov.ie/housing/building-standards/tgd-part-d-materials-and-workmanship/Technical-guidance-documents

The primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. Interpretation of the legislation is, ultimately, a matter for the Courts and implementation of the Building Control system is a matter for the local Building Control Authority. The DHPLG has no function in assessing whether any particular proposal complies with the Building Regulations. Enforcement of the Building Regulations is a matter for the local Building Control Authority. 

Part M of the Second Schedule to the Building Regulations 1997 – 2017, and to Technical Guidance Document M, 2010. Section 0.5 of TGDM 2010 specifies that Section 1 ‘sets out the minimum level of provision for the following buildings to meet the requirements of M1: (a) buildings other than dwellings and their environs, and (b) the common areas of apartment blocks and their environs’. Section 2 relates to existing buildings other than dwellings and their environs, and the common areas of existing apartment blocks and their environs, while Section 3 relates to individual dwellings and individual apartments. 

Opinion is that the type of building referenced as, ‘student accommodation’ falls under the description of ‘buildings other than dwellings and their environs’, and is therefore subject to the provisions of Section 1, or Section 2 of TGDM 2010. As such, accessible sleeping accommodation should be provided at a rate of ‘One guest bedroom out of every twenty, or a minimum of one guest bedroom if less than twenty guest bedrooms’. They should be ‘suitable in terms of size, layout and facilities for independent use by people with a wide range of abilities in accordance with 1.5.6.’

Query: Sub-Station e.g., Water treatment works etc., building not be occupied on a continuous or routine basis i.e., principally a facility for plant (small substation) with a store room and a shower facility. The building is compartmentalised and each section has a single access/egress point. For two of the compartments of the building there is also a double door – to get plant in and out. The building has no internal corridors and is of a size that a few paces would get an able bodied person from door to back of compartment.

Response: The building does not seem to fall under any of the exempted classes of building listed under the Building Regulations. As such the Building Regulations would apply to the works. The building as described does not fall under any of the exemptions for a FSC listed under Article 11(2), therefore, opinion is that a FSC is required for the whole building. Those parts of the building subject to inspection, repair or maintenance of fixed plant or machinery may afford the exemption for a DAC under S.I 526 of 2018 (as Part M does not apply), however this does not cover the shower area, therefore a DAC is required.

The above is not conditional on the routine nature in which the building is to be used or occupied