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Building control regulations - administration of building control

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.

Query Answer
How do I update my qualifications? In order to update your qualifications you must login to your account and click on the ‘My Details' tab. You can then enter the details of your qualifications at the bottom. Then click ‘Save Details’ to save the changes
I don't have my planning permission no yet how do I get past this on the system? If the Planning Permission No field is left blank then the system will not ask for a Date of Expiry.
The ‘supporting documents’ section does not show a green tick Please ensure all supporting documents have been uploaded. The additional support documents are as follows
General Arrangement Drawings Schedule of Plans Inspection Plan
Plans Calculations Inspection Notification Framework
Elevations    
The stakeholder has not received the nominated role email. Can this be resent? ease ask him to check his junk email inbox. If the email is not in here then the creator of the project can remove him from the role and then add him in the role again. This will resend the email
How do I reset my password?

1. Go to the BCMS homepage www.nbco.localgov.ie/bcms-new. Click on Login. Select the ‘Request New Password’ tab 

2. Enter your email address and click ‘Email New Password’ 

3. You will now have an email with the subject 'replacement login information'. 

4. Click on the link within the email to reset your password.
I cannot see the full description of my property on the commencement form that I downloaded? Due to space limitations, only 90 characters will appear on file for download and print. However, full description will be stored on the system for future reference
How do I create a short commencement notice?

1. Log in to https://www.nbco.localgov.ie/en/user/?destination=bcms 

2. Click on ‘New Application‘ 

3. In the 'NEW COMMENCEMENT NOTICE APPLICATION’ section select ‘Create New Application’ 

4. In the 'select notice type’ dropdown select 'commencement notice without documentation' from the drop down menu.
How do I update my qualifications as I do not have a builder qualification? If you do not have a builder qualification you can select 'other' from the 'registration type' drop down menu and click on 'save details'.
How do I change the name of a stakeholder? The stakeholder can change this when they log in to the BCMS site by clicking on ‘My Details’ tab, making the required changes and clicking ‘Save Details'.
I am an architect in NI, but not RIAI registered. How do I accept my role? The designer must be a member of one of the three professions-see section 3 of the design certificate below i.e. an architect must be a Registered Member of the Royal Institute of Architects of Ireland, the applicant should contact them and explain his circumstances as I believe that they have put a mechanism in place for such applicants.
Individuals assigned to a project cannot see project when they log in Check the building project nominate roles tab for the email address that was used for the role. You can then advise the customer that the email address is different to the one they are logging in with and they will need to contact the creator of the project to change this email address

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

• 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, 

• 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

Validation of a Commencement Notice and placement on the Statutory Building Control Register is a statutory process. There is no provision to withdraw a Commencement Notice, nor can the details included on the public register be changed by anyone once validated. The drawings and documents which form part of the validated Commencement Notice are not for general public view. If an omission inaccuracy is brought to the attention after validation by the Building Control Authority, they can note this in the BCMS notes.

1. In the Building Projects Module click on ‘Advanced search’ 

2. Hit the CLEAR button 

3. In the LOCAL AUTHORITY filter box select the relevant LA 

4. On the bottom Left Hand side of the search panel there are 2 boxes called “Display Columns” and “Hide Columns”. Click on each of the items in the Display Column box and move it to the Hide Columns if you don’t want this information visible when you run the search and visa versa from the Hide column if you do want to display this information (Important information to display is Date submitted, Project Name, Submission No, Status and Validation Status) 

5. Set the “Order by column” option (Dated submitted is useful) 

6. Set the “Direction” option (Ascending is useful) 

7. Set the “Save Search As” option to name the Search as something meaningful 

8. Hit the SAVE button 

9. To run the saved search select the name saved in Step 7 above from the “Saved Searches” dropdown

 

Note : When running the search simply select the Name from the Saved Searches dropdown. There is no need to also hit the search button. If you do hit the search button the system will run the standard default search.

No guidance on what constitutes a proper full inspection 

• Should cover as many parts of the Building Regulations as practical 

           • BCA inspectors-inspect housing developments @ various stages of construction; 

           • full inspection may not take place on the same development. 

1. Inspection @ foundation stage prior to pouring of footings may include compliance with Part A , C and possibly H 

2. Inspection @ dpc, radon barrier-may include compliance with Part C 

3. Inspection during construction may include compliance with Part B,C,E, J & L i.e. fire barriers, moisture penetration, sound & thermal insulation, cavities, ties, flashing etc. 

4. Inspection close to completion stage may cover compliance with Part E, F, L,K & M i.e. fire separation, vents, flues, 

• Preliminary Inspection Plan should have regard to above

 

Refer to FAQ 33 & 33(a) And Code of Practice for Inspecting and Certifying Buildings & Works September 2016

.“9 ( 3 ) Where a public body communicates in writing or by electronic mail to the general public or a class of the general public to give information to the public or the class , the body will ensure that the communication will be in Irish, or in English and Irish”.

Good Example Authorised Persons Card for information of Building Control Officers 

1. Authorised Persons for Purposes of Building Control 

2. Construction Products Regulations 

3. Planning Enforcement

Note 1) 1 & 2 a must for Building Control Officers 

Note 2) as many BCOs have other duties i.e. TIC etc. 3 very useful to have & don’t need to be in Planning Enforcement, just pass report and comments to them for further action.

 

 

"The holder of this card has been appointed by Dublin City Council, an Authorised Person for the purposes of the Building Control Acts, 1990-2007, Section 235 of the Planning and Development Act 2000, as amended, and an Authorised Officer under Regulations 29 and 30 of the European Union (Energy Performance of Buildings) Regulations 2012, and Regulations 11 and 12 of the European Union (Construction Products) Regulations 2013

 Authorised by: Jim Keogan – Executive Manager (to whom appropriate powers are delegated by Order of the Dublin City Manager)"

There is no provision to rescind a Statutory Certificate; However if on submission of a Statutory Certificate it is found that the signature unwittingly omitted or found that there was something in the Certificate that was incorrect; prober public administration would facilitate an amendment. An amendment to a Statutory Notice/Application/Certificate can only be made by CE order-i.e. delegated person (Delegated Building Control Officer) for the purpose of the Building Control Acts 1990-2014 A request in writing should to be submitted to the Building Control Authority with reasons for withdrawing or amending. This should to be recorded, assessed and a report prepared. This report should go for recommendation with reasons to the Delegated Building Control Officer. Any amendment should be made by CE Order with amendment and reasons attached to the Notice/ Application/ Certificate

The role of chairman of a board of any company (community, voluntary, charity, commercial) comes with roles and responsibilities and if the board are the owners of the building, then a delegated board member must sign this statutory document. This is usually defined in the memorandum or articles of association. The person that signs the document as the owner must be competent to do so and be in a position to accept any enforcement notices etc. on behalf of the board. There is no difference for the owner of a private house or company. A check with the legal advisor and the board articles and memorandum of association is recommended.

Validation is solely based on the assumption that the facts stated in and the attachments forming part of the Notice /Application /Certificate are true and accurate. If at any time after validation it is found that there are inaccuracies, it may cause the Notice /Application /Certificate to be subsequently invalidated and the Owner, Designer, Builder and/or Assigned Certifier may be subject to prosecution and/or enforcement proceedings. 

Examples of false and misleading information include: 

• signing as the owner of works or a building when you are not the legal owner as defined in the Building Control Regulations; 

• signing a Certificate of Compliance (Design) without having either been involved in and/or coordinated the preparation of the calculations, specifications, ancillary certificates and particulars. 

• signing a Certificate of Compliance on Completion without having coordinated the certification and having prepared, carried out and coordinated the inspection plans 

• signing the form Certificate of Compliance on Completion and/or Undertaking by Builder, when have you not been involved in the works or a building the subject of the forms 

Prosecution and Enforcement carries a cost. 

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

 

What happens if a Director of a company, who signs the initial statutory assignments/ undertakings on behalf of the
company, for whatever reason becomes no longer associated with that company prior to a Certificate of Compliance of
Completion *(CCC) being submitted to the local authority?

• In cases where the initial signatory is on behalf of a building owner or builder, this is not considered a change of owner and the CCC may be signed by an existing Director of the same company. However for the Builder, for the purpose of completing the CCC the change of role protocol should be initiated to ensure that a current member of the company is undertaking the process. 

• In cases where the Assigned Certifier changes during the course of the project for whatever reason, a change of role protocol should be initiated. Refer to Section 4.7 of the Code of Practice for Certifying and Inspecting Buildings and Works for guidance. •

 If the Owner and/or Builder company is dissolved and the same directors intend completing the building project through a new Owner and/or Builder company or as individual Owner and/or Builder sole traders, then this would constitute a new legal entity and a change of Owner, Builder notification would be required.

In accordance with the principle of fairness and efficient public administration, the start of the 2 month period should be taken from date of receipt of an application not the date of validation.

Yes, the right of appeal is dealt with under Part III- Fire Safety Certificates, Article 20, Building Control Regulations 1997 to 2015.

•In accordance with proper public administration a Building Control Authority should issue an Article 9 non-compliance notice within 7 days and specify a two week timeframe for reply whereupon the Building Control Authority on receipt or non-receipt will make a decision. 82 

• In accordance with proper public administration a Building Control Authority should issue their decision within 7 days of receipt of application.

It is not possible to withdraw a FSC/ DAC application. However a revised FSC/ DAC may be applied for in accordance with Article 20B and 20E respectively.

The owner of the building must notify the Building Control Authority within 14 days of such changes and must submit new Notices of Assignment and undertakings. Failure to do so is an offence.

Under the new Regulations, the new owner of the building must notify the Building Control Authority within 14 days, in writing. Failure to do so is an offence.

Address: Denotes the building address of the building or works.

Townland : Denotes the Townland of the building or works.

3A PROJECT PARTICULARS – 5(B) NATURE OF PROPOSED WORKS BRIEF DESCRIPTION TO INCLUDE:

• Works (type) to be carried out: Erection of a building (type); Extension to a building (detail type and an outline of the building that is being extended); Material Change of Use to a Building (Detail clearly existing use to proposed use); Material Alteration (clearly detail works to be carried out under A & B

• Class/Use: Dwelling; Flat; Shop; Offices; Retail Premises; Industrial Units; Hospital; Stadia; School –educational institution (residential or non-residential) & teacher or classroom numbers; Storage, Assembly, Recreational Etc.

Composition: Gives a brief description of the building or works: Detached, semi-detached, terraced middle, terraced end, multi-unit o Stories- number; Basement; Balconies; Treatment systems o Ancillary buildings; Note any other unique features which impact on Part A-M compliance o Number buildings; Number of Units; Number of Phases o Glazing; Etc

Type of Construction:  Masonry; Timber Frame; Composite; Modular- Factory Production; Frame-Steel/concrete etc

 

Description Examples:

 3 (a) Project Particulars or Development Description of proposed development should include. Works type include, the class/use of these works, an outline of the description or composition and the type of construction. 

1. Erection of a of 6 terraced single storey, timber-frame, three bedroom dwellings with porches; and the erection of one, 4 storey structural frame, multi-unit block with balconies, comprising of 24 apartment units over a basement carpark and associated site works including new site entrance to be constructed in two phases. - 7 buildings 

2. Erection of a two-storey detached dwelling of masonry construction with waste treatment system (description) and detached garage. - 2 buildings.

 5(b) Nature of Proposed Works; Brief description 

2. Material Alteration of ground floor restaurant premises in existing 3 storey building, upper floors are in retail use 

3. Change of use of existing shop storage area at first floor level to a single dwelling unit (Area XX.Xm2) and access at ground floor (Area X.Xm2) 

4. Erection of 4 single storey Masonry detached dwellings forming Phase 1 (House No.s 1, 2, 3 & 4) at (address) 

5. Single storey extension to rear of newsagent shop for storage at ground floor level. (Area M2 XX.Xm2)

Introduction -Purpose of Framework 

2. Role of Building Control Authority 

3. Consistency and Standardisation 

4. Risk Assessment 

5. Technical Assessment 

6. Statutory Building Control Register 

7. Appeals to An Bord Pleanála 

8. Phased Completion 

9. Archiving of Records 

10. Administrative Validation and Assessment 

Appendix I-EU (Construction Products) Regulations 2013 (S.I. No. 225 of 2013); Appendix II-EU (Energy Performance of Buildings) Regulations 2012 S.I. No. 243 of 2012; Appendix III-General Role and Guidelines; Appendix IV-Milestones throughout the Building Project; Appendix V-Building Regulation Elements for Compliance; Appendix VI -Sample Inspection Form Developed for BCMS mobile phase; Appendix VII- Legislation Relevant to Built Environment; Appendix VIII-Authorised Officers for the Built Environment; Appendix IX-Sample Letters and Notices

 

https://www.localgov.ie/