FAQs

S.I. No. 520/2023 European Union (in - Building Physical infrastructure for High - Speed Electronic Communications) Regulations 2023​

The Requirement: https://www.irishstatutebook.ie/eli/2023/si/520/made/en/print ​

Regulation 3 (1) Where a notice is submitted on or after the date of the coming into operation of these Regulations for:​

 (a) a building which is to be newly constructed, or​

 (b) a building on which major renovation works are to be carried out, including where elements of a building referred to in subparagraph (a) or (b) are under joint ownership, works shall be carried out in such a way so as to ensure that a building is equipped with a high-speed-ready in-building physical infrastructure up to a network termination point​

 (2) Where a notice is submitted on or after the date of the coming into operation of these Regulations for: ​

(a) a multi-dwelling building which is to be newly constructed, or ​

(b) a multi-dwelling building on which major renovation works are to be carried out,​

works shall be carried out in such a manner so as to ensure that the building is equipped, in addition to the high-​

speed ready in-building physical infrastructure up to the network termination point, with an access point .

Where a commencement notice has been submitted on or after 25th October 2023 for buildings or works referred to in ​Regulation 3, the buildings must be provided with infrastructure in the building that will enable Network providers to ​install cabling, with minimal disruption to the fabric of the building, from an access point to the end users termination point. ​

​Technical Guidance where works are carried  out in accordance with the guidance in this document, this will, prima facie,​ indicate compliance with the European Union (In-Building Physical Infrastructure for High-Speed Electronic Communications) Regulations 2023. ​

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.

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

•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.