FAQs

Note: You Must not Sign any Building Control Notice, Application, Certificate or other Document relating to works or a building unless you are competent to do so.

Public Administration for the Citizens in the interest of legislative compliance for the common good. Citizens must have Confidence in an independent and impartial public administration system. Some Citizens will be Customers of Individual Service Areas

 • Procedural Fairness (Natural Justice): Two rules of natural justice:

 I. Nemo iudex in causa sua – “let nobody be a judge in their own case”-the requirement that decision makers be independent and unbiased i.e. Public confidence is clearly established as the conceptual foundation for the rule against bias.-164 Toy-Cronin, supra note 20 at 873 

 1) Subjective Approach: Would require proof of a danger that the decision-maker was actually biased, without requiring firm evidence as to whether he was or not. 2) Objective Approach: Asking if a reasonable person impugned by the decision or a disinterested but reasonable observer might suspect that justice was not served. 3) The reasonable apprehension test is the third option – and in many cases is virtually identical to the “real danger” test. This test better reflects the guiding principle in such cases however, that justice should not only be done, but also be seen to be done. It therefore aids in and solidifies the importance of public perception in the identification of bias. 

II. Audi alteram partem – “hear the other side”-The requirement that the decision maker provide adequate opportunities for those affected to present their case and respond to the evidence and arguments being advanced by other participants or in the knowledge or possession of the decision maker. 1) Note: Art. 6.1 of the ERHC Right to a “fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.” 

• Judicial Review: Only decisions of public bodies can be challenged by judicial review. 

• Remedies 1) Certiorari – Quash the challenged decision. 2) Mandamus – “We command/order” – rarely sought. Order a public body to fulfill a duty which it is required by law to fulfill but has not or refuses to fulfill. Example: ”Hussey & Anor -v- Dublin City Council, [2007] IEHC 425 (2007) “(shall be the duty) or You applied to the Minister – he is obliged to make a decision. 3) Prohibition – effect of this is to prevent a public body which exercises judicial functions from doing something it proposes to do, because the proposed act would be illegal or in breach of the requirements of natural justice 

• Grounds for Judicial Review-There are 6 general grounds for judicial review – these are not exhaustive:

 I. Ultra Vires II. Illegality III. Breach of Natural Justice IV. Abuse of Discretion V. Legitimate Expectation VI. Error of Law

A Material Change of Use is further elaborated on in Article 13 of S.I. No. 497 of 1997, as follows: “(2) A material change of use as regards a building shall be deemed to take place if— (a) a change of use, deemed by Section 3(3) of the Act to be a material change of use, takes place, or (b) a building which was not being used as— (i) a day center, becomes so used, or (ii) a hotel, hostel or guest building, becomes so used, or (iii) an industrial building. becomes so used, or (iv) an institutional building, becomes so used, or (v) an office (which is not ancillary to the primary use of the building), becomes so used, or (vi) a place of assembly, becomes so used, or (vii) a shop (which is not ancillary to the primary use of the building), becomes so used, or (viii) a shopping center, becomes so used.”

And it states the parts of the regulations that applies to a change of use namely: “(1)(a) the requirements of the following Parts of the Second Schedule shall apply to the building: • Parts A1 and A2 • Part B • Part C4 • Part F • Part G • Part H • Part J • Part L 

Note: Part M is not included

S.I. No. 497 of 1997, was amended by S.I. No. 513 of 2010 by the addition of: "In addition, Part M shall apply to the building, where a material change of use as described in subparagraph (2)(b)(i), (ii), (iv), (vi), (vii) or (viii) of this article takes place.” [and more recently by S.I. No. 606 of 2014 to include “Part E”]. Thus Part M only applies to certain types of buildings referred to in 13(2) of S.I. 497 of 1997, as highlighted above. Part M does not apply to where there is a change of use to: (iii) an industrial building (v) an office (which is not ancillary to the primary use of the building, or a change of use deemed by Section 3(3) of the Act . Therefore, a Disability Access Certificate is not required in these circumstances.

Declaration made by Designers and Assigned Certifiers: I am a person named on a register maintained pursuant to Part 3 or Part 5 of the Building Control Act 2007 or Section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.

 Building Control Act 2007: Part 3 – Registration of Architects; Part 5 – Registration of Building Surveyors 

The Institution of Civil Engineers of Ireland (Charter Amendment) Act, 1969 Chartered members of the Institution shall be known as “Chartered Engineers” and shall have the right so to describe themselves and to use after their names the abbreviation “C.Eng.”. Such right shall be confined to such Chartered Members and to persons within the State in respect of whom the Council is satisfied that they are authorized to describe themselves as Chartered Engineers by a professional body recognized by the Council in that behalf. The Council shall keep a register of such persons and the Bye-laws may provide for payment of fees for such registration.

Building Surveyors

Architects

Chartered Engineers

•A “Dwelling” is defined for Building Control purposes as   –”A house or flat, forming a separate unit of residential accommodation.” S.I. No. 497/1997 Building Regulations 1997 5 Interpretation

All dwellings are subject to Building Control Regulations & Building Regulations unless otherwise exempted within these Regulations. 

•“Building” is defined in the Building Control Act, 1990 Section 1. Interpretation “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”,  S.I. No. 497/1997 - Building Regulations, 1997-require that "(1) Every works or building to which these Regulations apply shall be designed and constructed—(a) in accordance with the appropriate requirements set out in the Second Schedule, and (b) in such a manner as to avoid the breaching of any other requirement of that Schedule. (2) No works shall be carried out to a building which would cause a new or greater contravention in the building of any provision of these Regulations," subject to  Section 8. Exemptions  ref,  THIRD SCHEDULE

•THIRD SCHEDULE EXEMPTED BUILDINGS;  which include "temporary dwellings"

a)CLASS 10, A "temporary dwelling" as defined in the Local Government (Sanitary Services) Act, 1948 (No. 3 of 1948) "the expression means any— (a) tent, or (b) van or other conveyance (whether on wheels or not), or (c) shed, hut or similar structure, or (d) vessel on inland waters, (ship, boat, barge or lighter) used for human habitation or constructed or adapted for such use."

b)CLASS 13, A building of a temporary nature erected on a site for a period not exceeding 28 consecutive days or 60 days in any period of 12 months. (NOTE IF OUTSIDE 28 CONSECUTIVE DAYS OR 60 DAYS IN ANY PERIOD OF 12 MONTHS, THE DWELLING CANNOT BE CLASSIFIED AS TEMPORARY & MUST COMPLY WITH THE REQUIREMENTS OF THE BUILDNG CONTROL & BUILDING REGULATIONS).

It should be noted that Building Owners may have other Statutory obligations under other legislation, regarding temporary dwellings.

Non exhaustive list including the Planning & Development Act, The Fire Services Act & the Health Safety & Welfare at Work Act.

If Planning Permission, Fire Safety Certificate, Disability Access Certificate is required for the building or works, then the Building or works must comply with the  Building Control Regulations and the Second schedule to the Building Regulations Parts A-M.

Local Authorities are not exempt from the fees set out under the Building Control Regulations​

• Under the Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015), the exemptions for Local Authorities, from the Building Control Regulations, set out under Article 6(a) of the Building Control Regulations 1997 (S.I. No 496 of 1997) was removed.​

• As and from the coming into effect of S.I. No. 365 of 2015, the removal of this exemption includes any reference to the payment of fees, for Notices, Applications, Certificates, etc. as set out under Part V of S.I. No. 496 of 1997. ​

Further guidance is contained here: Building Control Regulation Fee Exemption Policy for Building Control Authorities​

It is noted that the discretion is with the Building Control Authority and the authorised person for the purpose of administering Article 22 of the Building Control Regulations to grant or refuse a fee exemption.​

Only a person Authorised with the delegation for the purposes of Article 22 of the Building Control Regulations may make a decision regarding  a request for a fee exemption. For audit control the Local Authority must record all such decisions for fee exemption in the BCMS & relevant accounting system; and issue a receipt to the customer. The Local Authority Chief Executive may delegate this authority to authorised person/s for the purpose of making decisions on fee exemptions (based on the fee value). ​

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

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