FAQs

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/

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). ​

The procedure for a pre notification of a CCC under article 8 is as follows: 

1. The Assigned Certifier is required to submit documentation to show compliance under article 3 (b) & 3 (c)at least 3 weeks prior to submitting the signed CCC

3 (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
(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.  

2. The Building Control Authority (BCA) start to consider the submission upon receipt of the above under article 8

(8) Where the plans, calculations, specifications and particulars comprehended under paragraph (3)(b) and the Inspection Plan comprehended under paragraph (3)(c) have been submitted to a building control authority on a date falling not more than 5 weeks and not less than 3 weeks prior to a nominated date on which a valid Certificate of Compliance on Completion is intended to be entered on the register, the building control authority shall at that point begin to consider the validity of a prospective Certificate of Compliance on Completion in accordance with paragraphs (3) and (4) so that the authority is in a position to include the details of the relevant Certificate of Compliance on Completion on the register on the nominated date provided that a valid Certificate of Compliance on Completion is received by the building control authority on a date not later than the date preceding the nominated date. 

3.  The BCA have 2 options as outlined in the Code of Practice.

1. They notify the assigned certifier that they cannot accept the CCC or 

2. they accept a CCC on the nominated date and enter it on the register.  These options are based on the validation checks they have carried out on the submitted documentation and any other outstanding matters.  There is no reference in Article 8 to additional documentation being sought or accepted as part of these validation checks. 

(b) The Building Control Authority at that point arranges to undertake its validation checks and satisfy itself 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.

(c) The Building Control Authority will also check the names of the Assigned Certifier and Builder as provided.  Where the authority is not satisfied that matters are in order it will notify the Assigned Certifier that a Certificate of Compliance on Completion cannot be accepted and give reasons why. 

(d) Where the Building Control Authority is satisfied that all requirements in relation to the submission of documentation have been met and where a valid Certificate of Compliance on Completion (that is consistent with the project described in the relevant Commencement Notice and the documentation submitted 3 to 5 weeks earlier and signed by appropriate persons notified as having been assigned to act as Builder and Assigned Certifier) is presented no later than one working day prior to the nominated date, the Certificate of Compliance on Completion will be included on the statutory register on the nominated date. 

Technical Guidance Document, TGD F provides guidance in relation to application of Part F of the Second Schedule to the Building Regulations. 

Section 1 - Means of Ventilation

1.2.1.10 Ventilation systems should be designed by competent designers. Systems should be installed, balanced and commissioned by competent installers e.g. Quality and Qualifications Ireland accredited or Education Training Board or equivalent. Systems, when commissioned and balanced, should then be validated by a competent person to ensure that they achieve the design flow rates. The validation should be carried out by a person certified by an independent third party to carry out this work, e.g. Irish National Accreditation Board (INAB), National Standards Authority of Ireland (NSAI) certified or equivalent. Detailed information on the installation and commissioning of ventilation systems is provided in  Installation and Commissioning of Ventilation Systems for Dwellings - Achieving Compliance with Part F 2019 

Guidance is given in I.S. EN 14134: 2019: Ventilation for buildings – Performance testing and installation checks of residential ventilation systems. 

The Tester Register is operated by The National Standard Authority of Ireland NSAI. Certified Ventilation Validator/Tester will need to demonstrate the following competencies to be included on this register:

• Demonstrate familiarity with a range of ventilation systems/approaches that they are likely to encounter in dwellings. Typical systems and approaches are described in TGD to Part F - Ventilation (2019) of the Building Regulations and Section 4 of the NSAI “Ventilation Validation Registration Scheme Master Document”
• All measuring instruments need to present a valid annual calibration certificate annually
• The Tester will need to pass an air flow proficiency test (clause 8.3) of the NSAI “Ventilation Validation Registration Scheme Master Document”.
• The Tester will need to demonstrate that they can correctly configure the dwelling prior to measuring the flow rate in the ventilation system.
• The Tester retains adequate documentary evidence when carrying out a validation check.
• The Tester must issue third party “Ventilation validation Certificates”.