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DISABILITY ACCESS CERTIFICATES - PART M

Disability Access Certificates

A Disability Access Certificate is a certificate issued by the Building Control Authority which states that the works or building to which the application relates will, if constructed in accordance with the plans and specifications submitted, comply with the requirements of Part M of the Second Schedule to the Building Regulations 1997 - 2011. A Disability Access Certificate may be granted with or without conditions, or it may be refused.

 

With the exception of houses and certain agricultural buildings, a Disability Access Certificate is generally required for all new buildings, including apartments and flats. A certificate is also required for material changes of use and certain alterations and extensions to buildings.

 

Technically, a Disability Access Certificate is not required in advance of commencement of work. However, a building may not be opened, operated or occupied or permitted to do so unless a Disability Access Certificate has been granted or pending determination of an appeals process. To avoid potentially expensive remedial work, the Building Control Authority strongly recommends that a Disability Access Certificate application is made at the same time as a Fire Safety Certificate application, that is, prior to submitting a commencement notice. This provides the opportunity to ensure that the Disability Access Certificate and any conditions pertaining to it are set out prior to commencement of works. Changes made post construction works can be difficult to achieve and expensive.

 

If you occupy a building without a Disability Access Certificate, you will leave yourself open to prosecution under building control legislation. If you decide at some later date to sell your premises the buyer's solicitor will, in all likelihood, look for a copy of the Disability Access Certificate for the building. If you are unable to produce a Disability Access Certificate you may find it difficult to sell.

 

The statutory period allowed to a building control authority to process a Disability Access Certificate application is two months, or within such extended period of time as may be agreed between the applicant and the Authority at any time. However, all the information must be made available to the authority, so that they have sufficient information to make a decision, before this statutory period starts. If the application documentation is incomplete, this will delay the decision on the application. Where it is considered that additional information or modifications are required to the application, the officer examining the application may request this from the applicant. A decision of the building control authority can be appealed to An Bórd Pleanála within one month of the decision. Details of the appeal process and fee are sent out with each decision.

 

The contents of a Disability Access Certificate application

A Disability Access Certificate application should contain a completed application form, relevant drawings (in duplicate), a disability access report and the appropriate fee. The application is required to demonstrate that the development complies with Part M of the Second Schedule to the Building Regulations. One way to achieve this is to systematically address each relevant clause of the particular Codes and Guidance documents which are being used in the accessible design of the building. Specific requirements are detailed in the accompanying notes with the application form.

 

Usually a Disability Access Certificate application is made by an Engineer or Architect who is familiar with the Building Regulations and the procedure for applying for a Disability Access Certificate. The content of the application needs to be comprehensive in nature. A person preparing a Disability Access Certificate should have a sound knowledge of building construction and accessible design. If the application submitted is lacking in information or drawings, then the local authority will consider it invalid.

 

Revised Disability Access Certificate

A Disability Access Certificate is granted based on the design and information submitted. Deviations at construction stage from the documentation submitted may result in the Disability Access Certificate being invalid for the completed building. It is accepted that changes can occur as a building project proceeds. These changes may be insignificant from an accessibility point of view or they may be such that a new Disability Access Certificate application is required. It is recommended that you contact the Building Control department regarding any changes. Where significant revision is made to the design or works of a building or an extension of, a material alteration to or a material change of use of a building in respect of which a disability access certificate has been granted by a building control authority a revised disability access certificate may be required

 

Applying For a Disability Access Certificate

Disability Access Certificate Applications and Revised Disability Access Certificates Applications must be submitted online at

www.nbco.localgov.ie .

Frequently asked questions about Disability Access Certification‌‌

 

FAQs about Disability Access Certificates

DAC Guidance Document

DAC Drawings Check list

DAC Drawings Symbols Key