STATUTORY INSTRUMENTS.

S.I. No. 9 of 2014

————————

BUILDING CONTROL (AMENDMENT) REGULATIONS 2014

2 [9]

S.I. No. 9 of 2014

BUILDING CONTROL (AMENDMENT) REGULATIONS 2014

INDEX

1. Citation Page 3

2. Commencement Page 3

3. Interpretation generally Page 3

4. Amendment of Article 5(4) of the Principal Regulations Page 3

5. Insertion of Article 6A to the Principal Regulations Page 4

6. Amendment of Title of Part II of the Principal Regulations Page 4

7. Amendment of Article 9 of the Principal Regulations Page 4

8. Amendment of Article 10 of the Principal Regulations Page 6

9. Amendment of Title of Part IIIA of the Principal Regulations Page 6

10. Amendment of Article 20A(2) of the Principal Regulations Page 6

11. Amendment of Article 20A(3) of the Principal Regulations Page 8

12. Insertion of Part IIIC to the Principal Regulations Page 8

13. Amendment of Article 21 of the Principal Regulations Page 11

14. Amendment of Article 23 of the Principal Regulations Page 12

15. Amendment of Second Schedule to the Principal Regulations Page 13

16. Amendment of Third Schedule to the Principal Regulations Page 21

17. Insertion of Sixth Schedule to the Principal Regulations Page 28

18. Revocation Page 30

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S.I. No. 9 of 2014

BUILDING CONTROL (AMENDMENT) REGULATIONS 2014

I, PHIL HOGAN, Minister for the Environment, Community and Local

Government, in exercise of the powers conferred on me by sections 3, 6, 17
and 18 of the Building Control Act 1990 (No. 3 of 1990), hereby make the
following regulations:

Citation
1. (1) These Regulations may be cited as the Building Control (Amendment)
Regulations 2014.

(2) The Principal Regulations and these Regulations may be cited together
as the Building Control Regulations 1997 to 2014 and shall be construed
together as one.

Commencement
2. These Regulations come into operation on 1 March 2014.

Interpretation generally
3. In these Regulations:

“Act of 1990” means the Building Control Act 1990 (No. 3 of 1990) as
amended by the Building Control Act 2007 (No. 21 of 2007);

“Minister” means the Minister for the Environment, Community and

Local Government;

“Principal Regulations” means the Building Control Regulations 1997 (S.I.

No. 496 of 1997) as amended by the Building Control (Amendment) Regu-
lations 2000 (S.I. No. 10 of 2000), the Building Control (Amendment) Regu-
lations 2004 (S.I. No. 85 of 2004) and the Building Control (Amendment)
Regulations 2009 (S.I. No. 351 of 2009).

Amendment of Article 5(4) of the Principal Regulations

4. The Principal Regulations are amended in Article 5(4):

(a) by inserting after the definition of “building control authority” the

following definition—

“Building Control Management System” means the information tech-

nology-based system hosted by the Local Government Management
Agency and developed to facilitate the electronic administration of
building control matters by building control authorities as the pre-
ferred means of building control administration;”, and

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st January, 2014.
4 [9]

(b) by inserting after the definition of “commencement notice” the follow-

ing definition—

“Certificate of Compliance” means a certificate of compliance pro-

vided for under section 6(2)(a)(i) of the Act of 1990 and includes—

(i) Certificates of Compliance (Design),

(ii) Certificates of Compliance (Undertaking by Assigned

Certifier),

(iii) Certificates of Compliance (Undertaking by Builder),

and

(iv) Certificates of Compliance on Completion;”.

Insertion of Article 6A to the Principal Regulations

5. The Principal Regulations are amended by inserting after Article 6 the
following:

“Offences
6A. Failure to comply with any requirement under Parts II, III, IIIA, IIIB or
IIIC shall be an offence to which section 17(2) of the Act of 1990 applies.”.

Amendment of Title of Part II of the Principal Regulations

6. The Principal Regulations are amended by substituting for the Title of Part
II the following:

“Part II — Commencement Notices and Certificates of Compliance before con-

struction”.

Amendment of Article 9 of the Principal Regulations

7. The Principal Regulations are amended by substituting for Article 9 the
following:

“Form of Commencement Notice

9. (1) A commencement notice shall be—

(a) filed electronically on the Building Control Management System

or set out in the form for that purpose included in the Second
Schedule, and

(b) subject to paragraph (2), accompanied by—

(i) such plans, calculations, specifications and particulars as are

necessary to outline how the proposed works or building will
comply with the requirements of the Second Schedule to the
Building Regulations relevant to the works or building con-
cerned, and including—

(I) general arrangement drawings including plans, sections

and elevations,
 [9] 5

(II) a schedule of such plans, calculations, specifications and

particulars as are currently designed or as are to be pre-
pared at a later date,

(III) the completion of an online assessment, via the Building

Control Management System, of the proposed approach
to compliance with the requirements of the Second
Schedule to the Building Regulations,

(IV) the preliminary Inspection Plan prepared by the Assigned

Certifier, and

(ii) the following certificates and notices in the appropriate forms

set out in the Second Schedule—

(I) a Certificate of Compliance (Design),

(II) a Notice of Assignment of Person to Inspect and Certify

Works (Assigned Certifier),

(III) a Certificate of Compliance (Undertaking by Assigned

Certifier),

(IV) a Notice of Assignment of Builder,

(V) a Certificate of Compliance (Undertaking by Builder),

and

(iii) such fee as is required under Part V.

(2) The requirements of paragraph (1)(b) shall apply to the following

works and buildings—

(a) the design and construction of a new dwelling,

(b) an extension to a dwelling involving a total floor area greater than

40 square metres,

(c) works to which Part III applies.

(3) If, for whatever reason, having submitted the commencement notice
in respect of works or a building subject to paragraph (1)(b), a building
owner changes either the person assigned to inspect and certify the works
or the assigned builder, then the building owner shall within 14 days notify
the building control authority of the change by submitting, electronically or
otherwise, the appropriate notices of assignment and forms of undertaking
referred to under paragraph (1)(b) reflecting the up-to-date arrangements
in this regard.

(4) If, for whatever reason, a change of ownership of works or a building

subject to paragraph (1)(b) occurs prior to completion, the new owner shall
6 [9]

within 14 days notify the building control authority electronically or other-

wise that they are now the owner of the building or the works.”.

Amendment of Article 10 of the Principal Regulations

8. The Principal Regulations are amended—

(a) by substituting for Article 10(1)(a) the following:

“record the date of receipt of the notice, and”,

(b) by substituting for Article 10(3) the following:—

“Where a building control authority considers that a commencement

notice does not comply with Article 9, they may respond, within 7 days
of receipt of a notice filed electronically or within 12 days of receipt
of a notice received in writing, by electronic means or in writing as
appropriate, and notify the person giving the commencement notice,
that, having regard to the extent of the failure to comply with the
said Article,

(a) the commencement notice is invalid and cannot be accepted

by the authority, or

(b) that such revised notice, or such additional information or

fee, as may be necessary to comply with the said Article will
be required to be submitted.”,

(c) by substituting for “the notice and the fee which accompanied the
notice.” in Article 10(4) the following:

“the fee and any original documentation received from the person giv-
ing the notice.”.

Amendment of Title of Part IIIA of the Principal Regulations

9. The Principal Regulations are amended by substituting for the Title of Part
IIIA the following:

“Part IIIA — 7 Day Notice, Certificates of Compliance, Revised Fire

Safety Certificate, Regularisation Certificate, Statutory Declaration
and 7 Day Notice Statutory Declaration”.

Amendment of Article 20A(2) of the Principal Regulations

10. The Principal Regulations are amended by substituting for Article 20A(2)
the following:

“(2) (a) A 7 day notice shall be—

(i) filed electronically on the Building Control Management

System or set out on the form for that purpose included
in the Third Schedule,

(ii) subject to subparagraph (b), accompanied by—

 [9] 7

(I) a valid application for a fire safety certificate from

the applicant in the form specified for that purpose
in the Third Schedule and accompanied by such
plans and particulars as required under Articles
13(2)(a) and 13(2)(b),

(II) a 7 day notice statutory declaration in the form

specified for that purpose in the Third Schedule,

(III) such plans, calculations, specifications and part-

iculars as are necessary to outline how the proposed
works or building will comply with the requirements
of the Second Schedule to the Building Regulations
relevant to the works or building concerned, and
including—

(A) general arrangement drawings including plans,

sections and elevations,

(B) a schedule of such plans, calculations, specifi-

cations and particulars as are currently designed
or as are to be prepared at a later date,

(C) the completion of an online assessment, via the

Building Control Management System, of the
proposed approach to comply with the require-
ments of the Second Schedule to the Building
Regulations,

(D) the preliminary Inspection Plan prepared by

the Assigned Certifier, and

(IV) the following certificates and notices in the appro-

priate forms set out in the Third Schedule—

(A) a Certificate of Compliance (Design),

(B) a Notice of Assignment of Person to Inspect

and Certify Works (Assigned Certifier),

(C) a Certificate of Compliance (Undertaking by

Assigned Certifier),

(D) a Notice of Assignment of Builder, and

(E) a Certificate of Compliance (Undertaking by

Builder), and

(iii) accompanied by such fee as is required under Part V.

8 [9]

(b) The requirements of paragraphs (2)(a)(ii)(III) and

(2)(a)(ii)(IV) shall apply to the following works and
buildings—

(i) the design and construction of a new dwelling,

(ii) an extension to a dwelling involving a total floor area

greater than 40 square metres,

(iii) works to which Part III applies.

(c) If, for whatever reason, having submitted the 7 day notice in
respect of works or a building subject to paragraphs
(2)(a)(ii)(III) and (2)(a)(ii)(IV), a building owner changes
either the person assigned to inspect and certify the works
or the assigned builder, then the building owner shall within
14 days notify the building control authority of the change,
electronically or otherwise, by submitting the appropriate
notices of assignment and forms of undertaking as referred
to under paragraph (2)(a) reflecting the up-to-date arrange-
ments in this regard.

(d) If, for whatever reason, a change of ownership of works or

a building subject to the requirements of paragraphs
(2)(a)(ii)(III) and (2)(a)(ii)(IV) inclusive occurs prior to
completion, the new owner shall within 14 days notify the
building control authority, electronically or otherwise, that
they are now the owner of the building or works.”.

Amendment of Article 20A(3) of the Principal Regulations

11. The Principal Regulations are amended—

(a) by substituting for “stamp the documents with the date of receipt.” in
Article 20A(3)(a)(ii) the following:

“record the date of receipt of the notice.”, and

(b) by inserting after “other than” in Article 20A(3)(e) the following:

“by electronic communication or”.

Insertion of Part IIIC to the Principal Regulations

12. The Principal Regulations are amended by inserting after Article 20E
the following:

“Part IIIC — Certificate of Compliance on Completion

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 rel-
evant particulars thereof shall be included on the register maintained
 [9] 9

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 works and buildings—

(a) the design and construction of a new dwelling,

(b) an extension to a dwelling involving a total floor area greater

than 40 square metres,

(c) works to which Part III applies.

(3) A Certificate of Compliance on Completion shall be—

(a) in the form specified for that purpose in the Sixth Sched-
ule, and

(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.

(4) On receipt of a Certificate of Compliance on Completion, a

building control authority shall—

(a) record the date of receipt of the Certificate, and

(b) consider within 21 days of the date of its receipt whether

the Certificate of Compliance on Completion is valid having
regard to—

(i) the requirements of paragraph (3) above, and

(ii) the building control authority’s own satisfaction that all

enforcement notices, information requests and statutory
processes, including any applications for certificates
under Part III, Part IIIA or Part IIIB, relevant to the
building concerned have been satisfactorily concluded.
10 [9]

(5) Where the building control authority considers that a Certificate

of Compliance on Completion may not be valid having regard to para-
graphs (3) and (4), the building control authority may within 21 days
of receipt of the certificate, write to the person who submitted the
certificate and

(i) inform them, giving reasons, that the certificate does not
comply with paragraphs (3) and (4) and cannot be
accepted by the authority, or

(ii) require the person submitting the certificate to submit

such revised certificate or such additional docu-
mentation as may be deemed necessary by the building
control authority to accompany the certificate for the
purposes of paragraphs (3) and (4).

(6) (i) Where the building control authority considers the Certifi-
cate of Compliance on Completion to be valid having
regard to paragraphs (3) and (4), the building control
authority shall, no later than 21 days of receipt of said
certificate, enter particulars relating to the relevant cer-
tificate on the register maintained under Part IV and
shall notify the person who submitted the certificate that
particulars have been included on the register.

(ii) Notwithstanding paragraph (6)(i), where a revised cer-

tificate or additional documentation has been required
in accordance with paragraph (5)(ii), the building con-
trol authority, on full receipt of such revised certificate
or additional documentation as appropriate, may avail
of a further period of 7 days within which to consider
the validity of the certificate. On or before the expiry of
said 7 day period the building control authority, if it
considers that no further action is warranted pursuant
to paragraph (5), shall enter the relevant particulars on
the register and notify the person who submitted the
certificate as appropriate.

(7) A building control authority serving a notice in accordance with

paragraph (5)(i) shall return to the person giving the certificate, the
certificate and any documentation that accompanied the certificate.

(8) Where the plans, calculations, specifications and particulars com-

prehended under paragraph (3)(b) and the Inspection Plan compre-
hended under paragraph (3)(c) have been submitted to a building con-
trol 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
 [9] 11

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 build-
ing control authority on a date not later than the date preceding the
nominated date.

(9) A Certificate of Compliance on Completion may refer to works,

buildings, including areas within a building, or developments, including
phases thereof, and relevant details shall be clearly identified on the
Certificate of Compliance on Completion itself and, subject to vali-
dation in line with the requirements at paragraphs (3) and (4), on the
register.

Code of Practice for Inspecting and Certifying Buildings and Works

20G (1) The Minister may from time to time publish a document
with the title of the Code of Practice for Inspecting and Certifying
Buildings and Works for the purposes of providing guidance with
respect to inspecting and certifying a building or works for compliance
with the requirements of the Second Schedule to the Building
Regulations.

(2) Where a building or works to which these Regulations apply is

inspected and certified in accordance with the guidance contained in
the Code of Practice for Inspecting and Certifying Buildings and
Works this shall, prima facie, indicate compliance with the relevant
requirements of these Regulations.

(3) The provisions of any guidance contained in the Code of Practice

for Inspecting and Certifying Buildings and Works concerning the use
of a particular inspection framework or approach shall not be con-
strued as prohibiting the use of other suitable frameworks or
approaches.”.

Amendment of Article 21 of the Principal Regulations

13. The Principal Regulations are amended by substituting for Article 21
the following:

“Register
21. (1) A building control authority shall keep a register and shall enter
in the register particulars of—

(a) any valid application for a dispensation or relaxation, including

the name and address of the applicant, the date of receipt of the
application, and brief details of a building or works forming the
subject of the application,

(b) any valid commencement notice or 7 day notice or certificate of

compliance given to them under Part II, Part IIIA or Part IIIC,
as appropriate, including the name and address of the owner of
12 [9]

the building, the date of receipt of the notice, the person or per-
sons carrying out the works, the person who certified the design,
the person assigned to inspect and certify the works (the assigned
certifier), the builder assigned to undertake the works, any
changes to previously recorded detail notified in accordance with
Articles 9(3), 9(4), 20A(2)(c), or 20A(2)(d) and brief particulars
of a building or works forming the subject of the notice,

(c) any valid application for a fire safety certificate, a revised fire
safety certificate, a regularisation certificate, a disability access
certificate, or a revised disability access certificate made to them
under Part III, Part IIIA or Part IIIB, as appropriate, including
the name and address of the applicant, the date of receipt of the
application, and brief particulars of a building or works forming
the subject of the application,

(d) their decision in respect of any application referred to in para-

graphs (a) and (c) and the date of the decision,

(e) any determination or direction by the Board in respect of an

appeal relating to a decision referred to in paragraphs (a) or (c)
and the date of the determination or direction,

(f) any enforcement notices served by them, including the name and
address of the person on whom the notice was served, the date
of the notice and brief particulars of the contents of the notice,

(g) the date and effect of any decision by the District Court in respect
of a notice referred to in paragraph (f), including the date and
effect of the decision,

(h) any valid Certificate of Compliance on Completion accepted by

the building control authority.

(2) The register, where it is not available on the website of the local
authority concerned, shall be available for inspection at the offices of the
local authority during office hours.

(3) In the interest of clarity, records relating to particulars included on

the register may be accessed in accordance with the Freedom of Information
Acts 1997 and 2003.

(4) For the avoidance of doubt, the register may be maintained elec-
tronically subject to the Data Protection Acts 1998 and 2003.

Amendment of Article 23 of the Principal Regulations

14. The Principal Regulations are amended by inserting after Article 23(3)
the following:

“(4) An additional administrative charge limited solely to the direct costs

incurred by a building control authority in respect of scanning and uploading
 [9] 13

documentation on the Building Control Management System may be levied by

the building control authority on the building owner, or a person assigned in
accordance with these Regulations to act on the owner’s behalf, who seeks to
submit plans, calculations, specifications, ancillary certificates and particulars
relevant to a procedure for which a fee is required under sub-article (1) notwith-
standing the availability of the Building Control Management System to receive
such documentation in electronic form.”

Amendment of Second Schedule to the Principal Regulations

15. The Principal Regulations are amended by substituting for the Second
Schedule the following:
14 [9]

“SECOND SCHEDULE

FORM OF COMMENCEMENT NOTICE FOR DEVELOPMENT AND

FORMS OF CERTIFICATES OF COMPLIANCE REQUIRED BEFORE
CONSTRUCTION COMMENCES

(Article 9)

FORM OF COMMENCEMENT NOTICE FOR DEVELOPMENT

(Notice to a Building Control Authority pursuant to Part II of the Building Control

Regulations 1997 to 2014)

Building Control Authority: Unique Identifier: ——————————

(for official use only)

—————————————————————

1. I, hereby give notice in accordance with Part II of the Building Control Regulations 1997 to
2014 that it is intended to carry out the development as described below commencing on the
date of ———————————

Name of Building Owner(s): ————————————————————————————

Address: —————————————————————————————————————

—————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

2. I enclose the fee payable for making this Notice of €: ————————

3a. PROJECT PARTICULARS: (In addition, for Residential Developments, please

complete Section 3b below)
Description of proposed development: ————————————————————————

Planning Permission No.: ——————————— Date Granted: ————————————

Date of expiry: ——————————————————————————————————

Fire Safety Certificate No. (if applicable): ———————————————————————

Disability Access Certificate No. (if applicable): ————————————————————

Location of development: —————————————————————————————

—————————————————————————————————————————
Number of buildings: ————————— Number of new buildings: —————————

Use of buildings: ——————————————————————————————————

 [9] 15

3b. Residential Development Information:

Total number of dwelling units (all phases*): ———————————

Total no. of phases* —————— of which —————— are multiple unit dwellings.

Phase for this commencement notice: ———————————————

No. of units for this phase/commencement notice**: ———————————————

Commencement date for this phase: ———————————————

(Proposed) End-date for this phase: ———————————————

* Where applicable, i.e. phasing not relevant for single houses.

** Include single house figure here also.

4. Builder:
Name: ——————————————————————————————————————

Address: —————————————————————————————————————
Tel: ———————— Fax: ———————— Email: —————————————————

Construction Industry Register Ireland registration number (where applicable): ——————

5. Building Designer Details:

Name: ——————————————————————————————————————

Address: —————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

Practice registration number (where relevant): ———————————

Where required under Part III of the Building Control Regulations 1997 to 2014, the
mandatory Certificate of Compliance (Design) signed by the above Building Designer
accompanies this Notice.

6. Submission of Documents (where applicable): A Schedule of Documents accompanying this

Commencement Notice is attached in the following format:

Schedule of Documents (Plans, Calculations, Specifications, Ancillary Certificates and

Particulars)
Document Reference Description/Remarks

7. Signature by Building Owner:

Signature:——————————————— Date: ———————————————

(Building Owner)
16 [9]

(Article 9)

DESIGN CERTIFICATE

Form of Certificate of Compliance (Design)

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This certificate relates to the following building or works:

—————————————————————————————————————————

—————————————————————————————————————————

2. This certificate has been prepared in accordance with the Code of Practice for Inspecting
and Certifying Buildings and Works [as published by the Minister under section 3(7) of the
Building Control Act 1990] or equivalent.

3. I confirm that I have been commissioned by the building owner to design, in conjunction
with others, the building or works described above and to certify such design. I further con-
firm that 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 and that I am competent to carry out my design and to
coordinate the design of others for the building or works concerned.

4. I confirm that the plans, calculations, specifications, ancillary certificates and particulars
included in the schedule to the Commencement Notice to which this certificate is relevant,
and which have been prepared exercising reasonable skill, care and diligence by me, and by
other members of the design team and specialist designers whose design activities I have
coordinated, have been prepared to demonstrate compliance with the requirements of the
Second Schedule to the Building Regulations insofar as they apply to the building or works
concerned.
5. I certify, having exercised reasonable skill, care and diligence, that, having regard to the
plans, calculations, specifications and particulars which have been prepared by me and others
and having relied on ancillary certificates and particulars referred to at 4 above, the proposed
design for the building or works is in compliance with the requirements of the Second Sched-
ule to the Building Regulations insofar as they apply to the building or works concerned.

Signature: ————————————————————————— Date: ————————

Person’s Name: ———————————— Registration No.: —————————————

On behalf of: ———————————————————— (company name where relevant)

Address: —————————————————————————————————————

—————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

Practice registration number (where relevant): ————
 [9] 17

(Article 9)

NOTICE OF ASSIGNMENT OF ASSIGNED CERTIFIER

(Notice of Assignment of Person to Inspect and Certify Works)

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This notice of assignment relates to the following building or works:

————————————————————————————————————————

————————————————————————————————————————

2. As the building owner, I have assigned the following person as Assigned Certifier, being 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. I am satisfied having regard to the Code of Practice for Inspecting and Certifying
Buildings and Works that the person so assigned is competent to inspect the building or
works and to coordinate the inspection work undertaken by others, and to certify the works
for compliance with the requirements of the Second Schedule to the Building Regulations
insofar as they apply to the building or works concerned.

Name: —————————————————————————————————————

Qualification(s): ——————————— Registration No.: ————————————

On behalf of: ——————————————— (Company/Practice name where relevant)

Address: ————————————————————————————————————

————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: ————————————————

Practice registration number (where relevant): ———————————————————

3. Any requests under the Building Control Act 1990 for plans, documents, specifications and
other information, as may be necessary to show that the works or building, if built in accord-
ance with the design proposed, will comply with the requirements of the Building Regu-
lations, may be directed to the person so assigned.

4. I undertake to notify the Building Control Authority in writing of any change in the person
assigned to inspect and certify the building or works as notified herein.

Building Owner’s Signature: ————————————————— Date: ————————

18 [9]

(Article 9)

UNDERTAKING BY ASSIGNED CERTIFIER

Form of Certificate of Compliance

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This certificate relates to the following building or works:

———————————————————————————————————————

———————————————————————————————————————

2. In accordance with the Code of Practice for Inspecting and Certifying Buildings and Works,
or equivalent, I undertake to use reasonable skill, care and diligence, to inspect the building
or works and to coordinate the inspection work of others and to certify, following the imple-
mentation of the inspection plan by myself and others, for compliance with the requirements
of the Second Schedule to the Building Regulations insofar as they apply to the building or
works to which the accompanying Commencement Notice together with the plans, calcu-
lations, specifications, ancillary certificates and particulars listed in the schedule thereto refer.

Signature: ————————————————————————— Date: ————————

Person’s Name: ———————————— Registration No.: —————————————

On behalf of: ———————————————————— (company name where relevant)

Address: —————————————————————————————————————

—————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

Practice registration number (where relevant): ————————

 [9] 19

(Article 9)

NOTICE OF ASSIGNMENT OF BUILDER

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This notice of assignment relates to the following building or works:

————————————————————————————————————————

————————————————————————————————————————

2. As the building owner, I have assigned the following person as Builder of the building or
works and I am satisfied that they are competent to undertake the works so assigned on
my behalf.

Builder’s Name: ————————

Address: ————————————————————————————————————

————————————————————————————————————————

————————————————————————————————————————

Tel.: ———————— Fax: ———————— Email: ————————————————

Construction Industry Register Ireland registration number (where applicable): —————

3. I undertake to notify the Building Control Authority in writing of any change in the person
assigned as Builder of the building or works as notified herein.

Building Owner’s Signature: ————————————————— Date: ————————

20 [9]

(Article 9)

UNDERTAKING BY BUILDER

FORM OF CERTIFICATE OF COMPLIANCE

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This certificate relates to the following building or works:

————————————————————————————————————————

————————————————————————————————————————

2. I confirm that I have been commissioned by the building owner to undertake the works
described above and that I am competent to undertake the works concerned. I further under-
take to ensure that any persons employed or engaged by me to undertake any of the works
involved will be competent to undertake such works.

3. I undertake to construct the building or works in accordance with the plans, calculations,
specifications, ancillary certificates and particulars listed in the schedule to the Commence-
ment Notice to which this undertaking refers and certified under the Form of Certificate of
Compliance (Design), or as subsequently issued to me and certified and submitted to the
Building Control Authority, and such other documents relevant to compliance with the
requirements of the Second Schedule to the Building Regulations as shall be retained by me
as outlined in the Code of Practice for Inspecting and Certifying Buildings and Works.

4. Having regard to the Code of Practice for Inspecting and Certifying Buildings and Works,
or equivalent, I further undertake to cooperate with the inspections set out in the inspection
plan prepared by the Assigned Certifier and to take all reasonable steps so as to ensure that
I shall certify that the building or works is in compliance with the requirements of the Second
Schedule to the Building Regulations insofar as they apply to the building or works
concerned.

Signature: ————————————————————————— Date: ————————

(to be signed by a Principal or Director of a building company only)

Name: ——————————————————————————————————————
Address: —————————————————————————————————————

—————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

Construction Industry Register Ireland registration number (where applicable): ——————

”
 [9] 21

Amendment of Third Schedule to the Principal Regulations

16. The Principal Regulations are amended by substituting for the Form of 7
Day Notice set out in the Third Schedule the following:

“(Article 20A)

FORM OF 7 DAY NOTICE

Building Control Acts 1990 and 2007

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. I hereby give 7 days notice in accordance with Part IIIA of the Building Control Regulations
1997 to 2014 that it is intended to carry out the development as described below.

Name of Building Owner(s): ————————————————————————————

Address: —————————————————————————————————————

—————————————————————————————————————————

—————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

Proposed Commencement Date: ———————————————————————————

2. I enclose the fee payable for making this Notice of € ————————

3a. PROJECT PARTICULARS: (In addition, for Residential Developments, please complete
Section 3b below)

Description of proposed development: ————————————————————————

—————————————————————————————————————————

Planning Permission No.: ——————————— Date Granted: ———————————

Date of expiry: ——————————————————————————————————

Valid Fire Safety Certificate Applied for (date): ————————————————————

Fire Safety Certificate No.: —————————————————————————————

Location of development: ——————————————————————————————

Number of buildings: ——————————Number of new buildings: ——————————

Use of buildings: ——————————————————————————————————
22 [9]

3b. Residential Development Information:

Total number of dwelling units (all phases*): ———————————

Total no. of phases* —————— of which —————— are multiple unit dwellings.

Phase being commenced under this 7 Day Notice: ———————————————

No. of units covered by this phase/ 7 Day Notice**: ———————————————

Commencement date for this phase: ———————————————

(Proposed) End-date for this phase: ———————————————

* Where applicable, i.e. phasing not relevant for single houses.

** Include single house figure here also.

4. Builder:

Name: ——————————————————————————————————————

Address: —————————————————————————————————————

—————————————————————————————————————————

Construction Industry Register Ireland registration number (where applicable): ——————

5. Building Designer Details:

Name: ——————————————————————————————————————

Address: —————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

Practice registration number (where relevant): —————————————————————

Where required under Part IIIA of the Building Control Regulations 1997 to 2014, the manda-
tory certificate of design compliance signed by the above Designer accompanies this 7 Day
Notice.

6. Submission of Documents (where applicable): A Schedule of Documents accompanying this

7 Day Notice is attached in the following format:

Schedule of Documents (Plans, Calculations, Specifications, Ancillary Certificates &

Particulars)
Document Reference Description/Remarks

7. Signature by Building Owner:

Signature:——————————————— Date: ———————————————

(Building Owner)
 [9] 23

(Article 20A)

DESIGN CERTIFICATE

Form of Certificate of Compliance (Design)

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This certificate relates to the following building or works:

—————————————————————————————————————————

—————————————————————————————————————————

2. This certificate has been prepared in accordance with the Code of Practice for Inspecting
and Certifying Buildings and Works [as published by the Minister under section 3(7) of the
Building Control Act 1990] or equivalent.

3. I confirm that I have been commissioned by the building owner to design, in conjunction
with others, the building or works described above and to certify such design. I further con-
firm that 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 and that I am competent to carry out my design and to
coordinate the design of others for the building or works concerned.

4. I confirm that the plans, calculations, specifications, ancillary certificates and particulars
included in the schedule to the 7 Day Notice to which this certificate is relevant, and which
have been prepared exercising reasonable skill, care and diligence by me, and by other
members of the design team and specialist designers whose design activities I have
coordinated, have been prepared to demonstrate compliance with the requirements of the
Second Schedule to the Building Regulations insofar as they apply to the building or works
concerned.
5. I certify, having exercised reasonable skill, care and diligence, that, having regard to the
plans, calculations, specifications and particulars which have been prepared by me and others
and having relied on ancillary certificates and particulars referred to at 4 above, the proposed
design for the works or building is in compliance with the requirements of the Second Sched-
ule to the Building Regulations insofar as they apply to the building or works concerned.

Signature: ————————————————————————— Date: ————————

Person’s Name: ———————————— Registration No.: —————————————

On behalf of: ———————————————————— (company name where relevant)

Address: —————————————————————————————————————

—————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

Practice registration number (where relevant): ————
24 [9]

(Article 20A)

NOTICE OF ASSIGNMENT OF ASSIGNED CERTIFIER

(Notice of Assignment of Person Assigned to Inspect and Certify Works)

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This notice of assignment relates to the following building or works:

—————————————————————————————————————————

—————————————————————————————————————————

2. As the building owner, I have assigned the following person as Assigned Certifier, being 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. I am satisfied having regard to the Code of Practice for Inspecting and Certifying
Buildings and Works that the person so assigned is competent to inspect the building or
works and to coordinate the inspection work undertaken by others, and to certify the building
or works for compliance with the requirements of the Second Schedule to the Building Regu-
lations insofar as they apply to the building or works concerned.

Name: —————————————————————————————————————

Qualification(s): ——————————— Registration No.: ————————————

On behalf of: ——————————————— (Company/Practice name where relevant)

Address: ————————————————————————————————————

————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: ————————————————

Practice registration number (where relevant): ———————————————————

3. Any requests under the Building Control Act 1990 for plans, documents, specifications and
other information, as may be necessary to show that the building or works, if built in accord-
ance with the design proposed, will comply with the requirements of the Building Regu-
lations, may be directed to the person so assigned.

4. I undertake to notify the Building Control Authority in writing of any change in the person
assigned to inspect and certify the building or works as notified herein.

Building Owner’s Signature: ————————————————— Date: ————————

 [9] 25

(Article 20A)

UNDERTAKING BY ASSIGNED CERTIFIER

Form of Certificate of Compliance

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This certificate relates to the following building or works:

———————————————————————————————————————

———————————————————————————————————————

2. In accordance with the Code of Practice for Inspecting and Certifying Buildings and Works,
or equivalent, I undertake to use reasonable skill, care and diligence, to inspect the building
or works and to coordinate the inspection work of others and to certify, following the imple-
mentation of the inspection plan by myself and others, for compliance with the requirements
of the Second Schedule to the Building Regulations insofar as they apply to the building
or works to which the accompanying 7 Day Notice together with the plans, calculations,
specifications, ancillary certificates and particulars listed in the schedule thereto refer.

Signature: ————————————————————————— Date: ————————

Person’s Name: ———————————— Registration No.: —————————————

On behalf of: ———————————————————— (company name where relevant)

Address: —————————————————————————————————————

—————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

Practice registration number (where relevant): ————————

26 [9]

(Article 20A)

NOTICE OF ASSIGNMENT OF BUILDER

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This notice of assignment relates to the following building or works:

————————————————————————————————————————

————————————————————————————————————————

2. As the building owner, I have assigned the following person as Builder of the building or
works and I am satisfied that they are competent to undertake the works so assigned on
my behalf.

Builder’s Name: ————————

Address: ————————————————————————————————————

————————————————————————————————————————

————————————————————————————————————————

Tel.: ———————— Fax: ———————— Email: ————————————————

Construction Industry Register Ireland registration number (where applicable): —————

3. I undertake to notify the Building Control Authority in writing of any change in the person
assigned as Builder of the building or works as notified herein.

Building Owner’s Signature: ————————————————— Date: ————————

 [9] 27

(Article 20A)

UNDERTAKING BY BUILDER

FORM OF CERTIFICATE OF COMPLIANCE

Building Control Authority: Unique Identifier:

(for official use only)

—————————————————————

1. This certificate relates to the following building or works:

————————————————————————————————————————

————————————————————————————————————————

2. I confirm that I have been commissioned by the building owner to undertake the works
described above and that I am competent to undertake the works concerned. I further under-
take to ensure that any persons employed or engaged by me to undertake any of the works
involved will be competent to undertake such works.

3. I undertake to construct the building or works in accordance with the plans, calculations,
specifications, ancillary certificates and particulars listed in the schedule to the 7 Day Notice
to which this undertaking refers and certified under the Form of Certificate of Compliance
(Design), or as subsequently issued to me and certified and submitted to the Building Control
Authority, and such other documents relevant to compliance with the requirements of the
Second Schedule to the Building Regulations as shall be retained by me as outlined in the
Code of Practice for Inspecting and Certifying Buildings and Works.

4. Having regard to the Code of Practice for Inspecting and Certifying Buildings and Works,
or equivalent, I further undertake to cooperate with the inspections set out in the inspection
plan prepared by the Assigned Certifier and to take all reasonable steps so as to ensure that
I shall certify that the works or building is in compliance with the requirements of the Second
Schedule to the Building Regulations insofar as they apply to the building or works
concerned.

Signature: ————————————————————————— Date: ————————

(where the signatory is an employee) On behalf of: ——————————————————

Name: ——————————————————————————————————————

Address: —————————————————————————————————————

—————————————————————————————————————————

Tel: ———————— Fax: ———————— Email: —————————————————

Construction Industry Register Ireland registration number (where applicable): ——————

”
28 [9]

Insertion of Sixth Schedule to the Principal Regulations

17. The Principal Regulations are amended by inserting after the Fifth Sched-
ule the following:

“SIXTH SCHEDULE

CERTIFICATE OF COMPLIANCE ON COMPLETION

 [9] 29

(Article 20F)

CERTIFICATE OF COMPLIANCE ON COMPLETION

Building Control Authority: Unique Identifier:

(for official use only)
—————————————————————

1. This certificate relates to Commencement / 7 Day Notice reference no. ——————— in

respect of the following building or works: ————————————————————

————————————————————————————————————————

Part A — Certificate signed by Builder

2. I confirm that I am the Builder assigned by the owner to construct, supervise and certify the
building or works.

3. I certify, having exercised reasonable skill, care and diligence, that the building or works as
completed has been constructed in accordance with the plans, calculations, specifications,
ancillary certificates and particulars as certified under the Form of Certificate of Compliance
(Design) and listed in the schedule to the Commencement / 7 Day Notice relevant to the
above building or works, together with such further plans, calculations, specifications, ancil-
lary certificates and particulars, if any, as have been subsequently issued to me and certified
and submitted to the Building Control Authority, and such other documents relevant to
compliance with the requirements of the Second Schedule to the Building Regulations as
shall be retained by me as outlined in the Code of Practice for Inspecting and Certifying
Buildings and Works.

4. Reliant on the foregoing, I certify that the works are in compliance with the requirements of
the Second Schedule to the Building Regulations insofar as they apply to the building or
works concerned.

Signature: ——————————————————————— Date: ————————

(to be signed by a Principal or Director of a Building Company only)

Name: —————————————————————————————————————

Address: ————————————————————————————————————
Tel: ———————— Fax: ———————— Email: ————————————————
Construction Industry Register Ireland registration number (where applicable): —————
Part B — Certificate signed by Assigned Certifier

5. I confirm that I am the Assigned Certifier assigned by the owner to inspect and certify the
building or works concerned.

6. Plans, calculations, specifications and ancillary certificates and particulars as required for
the purposes of Part IIIC of the Building Control Regulations are included in the Annex
(see attached).

7. I now confirm that the inspection plan, drawn up having regard to the Code of Practice for
Inspecting and Certifying Buildings and Works, or equivalent, has been undertaken by the
undersigned having exercised reasonable skill, care and diligence, and by others nominated
therein, as appropriate, on the basis that all have exercised reasonable skill, care and dili-
gence in certifying their work in the ancillary certificates scheduled.
8. Based on the above, and relying on the ancillary certificates scheduled, I now certify, having
exercised reasonable skill, care and diligence, that the building or works is in compliance
with the requirements of the Second Schedule to the Building Regulations, insofar as they
apply to the building or works concerned.

Signature: ——————— Date: ——————— Registration No.: ————————

(where the signatory is an employee) On behalf of: —————————————————
Name & Address: ————————————————————————————————
Tel: ———————— Fax: ———————— Email: ————————————————
Practice registration number (where relevant): ———————————————————
30 [9]

ANNEX

Table of Plans, Calculations, Specifications, Ancillary Certificates and Particulars used for the
purpose of construction and demonstrating compliance with the requirements of the Second
Schedule to the Building Regulations and showing, in particular how the completed building
or works differ from the design submitted to the Building Control Authority prior to
construction.
(Details of relevant plans, etc. may be listed below and attached hereto)

Revocation
18. The Building Control (Amendment) Regulations 2013 (S.I. No. 80 of
2013) are revoked.

GIVEN under my Official Seal,

15 January 2014.

PHIL HOGAN,
Minister for the Environment, Community and Local
Government.
 [9] 31

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal
interpretation.)

These regulations revoke and replace S.I. No. 80 of 2013. The key changes
include changes to the wording of the statutory certificates in the interests of
the insurability of persons giving the certificates and changes to recognise the
online Building Control Management System as the preferred means of building
control administration.

These Regulations strengthen the current arrangements in place for the con-
trol of building activity by requiring greater accountability in relation to com-
pliance with Building Regulations in the form of statutory certification of design
and construction, lodgement of compliance documentation, mandatory inspec-
tions during construction and validation and registration of certificates.

Regulation 7 amends Article 9 of the Principal Regulations to provide for a

revised form of Commencement Notice which must be submitted to a building
control authority prior to the commencement of construction works. The Com-
mencement Notice must henceforth be signed by the owner of the works. Where
the works involve the creation of a building (including a single dwelling unit),
an extension greater than 40 square metres or require an application for a Fire
Safety Certificate in accordance with Part III of the Building Control Regu-
lations 1997 to 2014 the Commencement Notice and the appropriate fee must
in addition be accompanied by the following:

(a) General arrangement drawings;

(b) A schedule of design documents as are currently prepared or to be

prepared;

(c) An online- assessment via the Building Control Management System

of the proposed approach to compliance with the requirements of the
Building Regulations 1997 to 2013;

(d) The preliminary inspection plan;

(e) A Certificate of Compliance (Design);

(f) Notices of Assignment in respect of the Builder who will carry out the
works and of the Assigned Certifier who will inspect and certify the
works; and

(g) Certificates of Compliance signed by the Builder and the Assigned

Certifier undertaking to carry-out their roles in accordance with the
requirements of the Building Regulations.

The commencement notice and accompanying documentation must be filed

electronically via the online Building Control Management System. Where
notices and documentation are submitted in written format, the building control
32 [9]

authority will arrange for scanning and uploading of same for which an adminis-
trative charge will apply and statutory deadlines relating to such notices may be
delayed by up to seven days.

Regulation 7 further amends Article 9 of the Principal Regulations to oblige

a building owner to notify the Building Control Authority of any changes of
ownership of the works or of the persons assigned as Builder or as Assigned
Certifier and to provide the appropriate notices of assignment and forms of
undertaking in respect of the new assignees. Failure to attend to any of these
obligations, as well as being an offence in itself, would delay or inhibit inclusion
of details of the final certificate on the statutory register.

Regulation 10 amends Article 20A(2) of the Principal Regulations to provide

for a revised form of 7 Day Notice and otherwise changes the administrative
arrangements that pertain to the 7 Day Notice process in line with those changes
described above in relation to the Commencement Notice process.

Regulation 12 inserts a new Part IIIC to the Principal Regulations providing

for Certificates of Compliance on Completion. A completion certificate must be
sent to the Building Control Authority and included on the statutory register
maintained under Part IV of the Principal Regulations before works or a build-
ing to which these regulations apply can be opened, occupied or used. The
completion certificate must be signed by the Builder and the Assigned Certifier
and must be accompanied by plans and documentation showing how the com-
pleted building complies with the requirements of the Building Regulations (and
clearly indicating any differences to design documentation previously submitted
to the Building Control Authority at commencement or during construction)
and by the Inspection Plan as implemented by the Assigned Certifier.

A Code of Practice for Inspecting and Certifying Buildings and Works will be
published by the Minister for the purposes of providing guidance with respect
to inspecting and certifying work for compliance with the Building Regulations.
Compliance with this Code of Practice shall, prima facie, indicate compliance
with the relevant requirements of these regulations.

Documentation held on file by a building control authority relevant to works

or a building included on the statutory register will be accessible to any person
who subsequently acquires an interest in the building concerned.

Failure to comply with the requirements of the Building Control Regulations

1997 to 2014 shall be an offence to which section 17 (2) of the Building Control
Act 1990 refers.

These Regulations come into operation on 1 March 2014.

 [9] 33

BAILE ÁTHA CLIATH

ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR
Le ceannach díreach ó
FOILSEACHÁIN RIALTAIS,
52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2
(Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843)
nó trí aon díoltóir leabhar.

——————

DUBLIN
PUBLISHED BY THE STATIONERY OFFICE
To be purchased from
GOVERNMENT PUBLICATIONS,
52 ST. STEPHEN'S GREEN, DUBLIN 2.
(Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843)
or through any bookseller.

——————

€8.89

Wt. (B30395). 285. 1/14. Clondalkin. Gr 30-15.