Revised Building Control Regulations 2009
The Building Control (Amendment) Regulations 2009 will come into effect on 1st October 2009 except for the provisions of Article 8 (Disability Access certificates/revised Disability Access Certificates) which will come into effect on 1st January 2010.
The Building Control (Amendment) Regulations 2009 amend the Building Control Regulations 1997 and prescribe the administrative procedures in respect of the new certification measures provided under Section 5 of the Building Control Act 2007.
The new regulations provide for a:
7 Day NoticeArticle 20A sets out the procedure for submission of a 7 Day Notice to a Building Control Authority where a person intends to commence work on the construction of a building before grant of the relevant Fire Safety Certificate (FSC). The Notice must be submitted not less than 7 days in advance of commencement of work and must be in accordance with the requirements of Article 20A (2) of the Regulations.
A 7 Day Notice application should be considered and a decision made thereon in accordance with the requirements of Article 20A (3) and 20A (4) of the Regulations.
The Regulations amend Article 12 so as to provide that a Commencement Notice will not be required in respect of buildings where a 7 Day notice has been submitted.
Revised Fire Safety Certificate
Article 20B provides for a revised Fire Safety Certificate (FSC) in respect of works where-
(i) an application for a FSC is made before grant of planning permission, if required by the subsequent permission, or
(ii) where significant revision is made to the design or works of a building for which a FSC has already been granted.
An application submitted for a revised FSC must be in accordance with the requirements of Article 20B (3) of the Regulations. The application should be considered and a decision made thereon and notified to the applicant in accordance with the requirements of Article 20B (4) to Article 20B (8) of the Regulations.
Regularisation Certificate
Article 20C sets out the requirements for a Regularisation Certificate where a building has been commenced or completed without a FSC where such certificate is required, or the submission of a 7 Day Notice. An application submitted for a Regularisation Certificate must be in accordance with the requirements of Article 20C (2) of the Regulations.
An application for a Regularisation Certificate should be considered by the Building Control Authority and a decision made thereon and notified to the applicant in accordance with the requirements of Article 20C (3 ) to 20C (9) of the Regulations.
An inspection of the building by an “Authorised Person” from the Building Control Authority is required before a decision is made on the application. A Regularisation Certificate may be granted by the Building Control Authority with or without conditions, or refused.
A Regularisation Certificate granted under the Regulations will certify that in the opinion of the Authority the works “as constructed in accordance with the documentation submitted comply with the requirements of Part B of the Second Schedule to the Building Regulations 1997 to 2008”. It will also state that “in considering the application, no assessment has been made as to whether the works or building will comply or is in compliance, as appropriate, with the other requirements of the Second Schedule to the Building Regulations 1997 to 2008.
The Regularisation Certificate will not have effect unless any conditions (including conditions regarding the carrying out of additional works) required by the Authority are carried out within a period of 4 months from the grant of the Certificate.
Disability Access Certificate
Article 20 D sets out the requirements for a Disability Access Certificate (DAC) which will certify compliance at design stage of certain works with the requirements of Part M of the Second Schedule to the Building Regulations 1997 to 2008. The DAC will apply to works or buildings pursuant to paragraphs (a) to (e) of Article 11 (1) of Part III of the Regulations.
An application for a DAC must be submitted in accordance with the requirements of Article 20D (3) of the Regulations. An application for a DAC should be considered by the Building Control Authority and a decision made thereon and notified to the applicant in accordance with the requirements of Article 20C (4) to 20D (10) of the Regulations.
Revised Disability Access Certificate
Article 20 E provides for a revised Disability Access Certificate (DAC) in respect of works where significant revision is made to the design or works of a building for which a DAC has already been granted.
An application for a revised DAC must be in accordance with the requirements of Article 20E (2) of the Regulations. The application should be considered and a decision made thereon and notified to the applicant in accordance with the requirements of Article 20E (3) to Article 20E (7) of the Regulations.
The relevant Application Forms, Statutory Declarations and Certificates for the new provisions are specified in the Third and Fourth Schedules to the Regulations. An amended form of Commencement Notice is prescribed in the Second Schedule.
Exemptions for Certain Schools
The Regulations amend Article 22 of the 1997 Regulations to provide an exemption from payment of fees for Disability Access Certificates/revised Disability Access Certificates in respect of certain primary schools where the maximum number of mainstream teachers employed is or will be 4 or less.
Prohibition on the opening, operation or occupation of a building
The Regulations amend Article 22 of the 1997 Regulations to prohibit the opening, operation or occupation of a building unless a Fire Safety Certificate/ Revised Fire Safety Certificate, a Regularisation Certificate or a Disability Access Certificate/Revised Disability Access Certificate has been granted, if required, or where an appeal has been made to An Bord Pleanála in respect of any of these Certificates, pending the determination of the appeal. Non-compliance with this requirement will be an offence to which Section 17 (2) of the Building Control Act 1990, as amended by the Building Control Act 2007, applies.
The Regulations may be accessed on the Departments website as follows: http://www.environ.ie/en/DevelopmentandHousing/BuildingStandards/
The regulations also provide for the making of an appeal to An Bord Pleanála in respect of a Regularisation Certificate, Disability Access Certificates/revised Disability Access Certificate under Section 6 of the Act.
The Regulations should be read in conjunction with the Building Control Acts 1990 and 2007 and the Building Control Regulations 1997.
