Building Control
You should note that a building that has been granted planning permission may not necessarily comply with the requirements of the Building Regulations. The planning and building control systems are entirely separate. They operate under separate and independent codes of legislation by legally separate authorities. The legislation provides for entirely different procedures in terms of the operation of the planning and building control systems
Your obligations under The Building Control Acts 1990 & 2007 and Regulations there under, and European Communities (Energy Performance of Buildings) Regulations 2006 - 2008.
It is a legal requirement that buildings must be designed and built in accordance with the Building Regulations. The primary responsibility for compliance with regulations rests with the designers, builders and building owners.
Under current legislation, the Building Control Authority has discretionary powers which include the right to inspect works, the right to request information relating to the works, power of enforcement in relation to non-compliance with the Building Regulations and power to prosecute for non-compliance, either by summary or High Court proceedings. The Building Control Authority may decide to enter your development site in order to inspect the works in question. It should be noted that the power of inspection granted to building control authorities under the legislation is discretionary, and does not impose an obligation to inspect.
There are heavy penalties, including fines and imprisonment, for breaches of the regulations. In addition, when it comes to selling your property, you may have difficulties if you cannot satisfy the purchaser's solicitor that the requirements of the regulations have been met.
You should have your building checked for compliance with the Building Regulations at various stages of construction by a competent person.
The European Communities (Energy Performance of Buildings) Regulations 2006 – 2008, requires that when a building is constructed, sold or rented a Building Energy Rating (BER) will be required at the point of sale or rental of a building, or on completion of a new building.
Remember:
The primary responsibility for compliance with the requirements of the building regulations rests with the designers, builders and building owners. You must ensure that your building is checked for compliance. No one else will do that for you.
Employ a competent designer and certifier to oversee the construction.
All buildings require a Building Energy Rating Certificate. You may be required to provide the Building Control Authority with a copy of the BER Certificate & Advisory Report.
The information below provides you with a guideline of the regulations. It is not a detailed review and is not a definitive legal interpretation of building control law. You should employ a competent designer and a competent supervisor to provide you with professional advice and to oversee the construction
Building Regulations
Building regulations provide for the health, safety and welfare of people, conservation of fuel and energy and access for people with disabilities. The primary responsibility for compliance with the requirements of the building regulations rests with the designers, builders and building owners The regulations are a set of legal requirements for the design and construction of new buildings, extensions and material alterations to, and certain changes in the use of, existing buildings. The technical content of these requirements are contained in twelve separate Technical Guidance Documents. Construction work MUST meet the standards required under the regulations. The requirements are sub-divided into the following twelve parts:
Part A Structure
Buildings must be designed and constructed so that movements of the subsoil will not impair the stability of any part of the building and the building is structurally sound. The building should be professionally designed from foundation to roof.
Part B - Fire Safety
Buildings must be designed and constructed so that there is adequate means of escape in case of a fire. There must be adequate fire protection, alarm systems etc. Wall and ceiling linings must inhibit the spread of fire. Walls, floors and roofs must resist the spread of fire between buildings or compartments. Access for fire services must be provided.
Most buildings other than new private houses require a Fire Safety Certificate. For more information on fire safety certificates click here.
Part C - Site Preparation and Resistance to Moisture
The ground to be covered by the building must be adequately cleared of all organic material. Subsoil drainage must be provided where necessary. The building must be designed and constructed so as to prevent moisture getting in. Reasonable precautions are to be taken to avoid danger to health and safety from substances, including contaminants.
Part D - Material and Workmanship
All works are to be carried out with proper materials and in a workmanlike manner. All materials should be fit for the use for which they are intended and are certified with CE marking and/or Agrément Board approval.
Part E - Sound
Walls and floors which separate a dwelling from another building, or another part of the same building which is not part of the dwelling, should be designed and constructed so as to have reasonable resistance to both airborne and impact sounds.
Part F - Ventilation
All habitable rooms should have a means of general (background) and rapid ventilation, while kitchens, utility rooms and bathrooms should also have mechanical ventilation. Mechanical ventilation with heat recovery (MVHR) may be used to satisfy background and mechanical ventilation requirements. Ceiling height should be appropriate so as not to inhibit ventilation of habitable rooms. Buildings must be designed and constructed so as to prevent excessive condensation in a roof or in a roof void above an insulated ceiling.
Part G - Hygiene
A dwelling must be provided with a bathroom containing a fixed bath or shower and a washbasin, a kitchen containing an adequately sized sink and draining board and provision of hot and cold water to the bathroom and kitchen. Adequate sanitary conveniences must be provided in a building in rooms provided for that purpose, or in bathrooms, and every room or bathroom which contains a sanitary convenience must be adequately separated from any place where food is prepared or cooked. Manually activated flushing devices should be dual flush.
Part H - Drainage and Waste Water Disposal
Surface water and foul wastewater must be disposed of in a safe and proper manner in an adequate drainage system designed for the purpose. Wastewater treatment systems have to be properly designed and constructed and do their job without polluting or damaging the health of any person or the environment.
Part J - Heat Producing Appliances
There must be adequate air supply to all appliances for combustion and for efficient working of flues and chimneys. There must be adequate discharge of combustion products to the outside air. Flue pipes, fireplaces and chimneys must be designed and constructed as to reduce the risk of the building catching fire. Oil storage tanks must be located so as to minimise risk of fire spreading from a building to the tank.
Part K - Stairways, Ladders, Ramps & Guards
Stairways, ladders and ramps must provide safe passage for building users, and the sides of every floor and balcony etc. must be guarded to protect from the risk of falling. The use of winders in stairways should be avoided. If it is necessary to use them they should be situated at the bottom of the flight. The sides of every vehicle ramp and floor and roof to which vehicles have access must be guarded against the risk of vehicles falling there from.
Part L - Conservation of Fuel and Energy
Buildings must be designed and constructed so that the amount of energy required for the operation of the building and the amount of associated CO2 emissions are minimised. Compliance with the Regulation must be demonstrated using the Dwelling Energy Assessment Procedure (DEAP) methodology for dwellings and the Non domestic Energy Assessment Procedure (NEAP) methodology for buildings other than dwellings.
In dwellings a proportion of the energy consumption must be produced by renewable energy sources. The building must be adequately insulated and cold bridging limited. An air tightness test is required, oil and gas fired boilers must meet a specified minimum seasonal efficiency and automatic time and temperature control for space and water heating is required. Heat loss from pipes, ducts and vessels is to be limited.
In buildings other than dwellings heat loss must be minimised and heat gains maximised through the building fabric, appropriately sized energy efficient space and water heating services with adequate control are required. Heat loss or gains from pipes, ducts and vessels is to be limited and energy efficient lighting systems provided.
A Building Energy Rating (BER) and advisory report is required for new buildings before they are first occupied and for all buildings offered for sale or letting under the European Communities (Energy Performance of Buildings) Regulations 2006 -2008.
For more information on Conservation of Fuel and Energy click Here
Part M - Access and Use
People must be able to safely and independently approach, gain access and use a building, an extension to a building, its facilities and its environs. Where sanitary facilities are provided, independently accessible sanitary facilities are required to be provided. Elements of the building must not constitute an undue hazard for people, especially for people with vision, hearing or mobility impairments.
Where works are carried out in accordance with the guidance contained within the Technical Guidance Documents, this will, prima facie, indicate compliance with the Building Regulations. It must be remembered that the Technical Guidance Documents are a minimum standard that must be achieved in order to comply with the Building Regulations. The Technical Guidance Documents can be purchased from Government Publications Office. They may also be viewed here on the Department of Housing, Local Government and Heritage Website.
The adoption of an approach other than outlined in the guidance is not precluded provided that the relevant requirements of the Regulations are complied with. In this instance such evidence as is necessary to establish that the requirements of the Building Regulations are being complied with may be sought by the Building Control Authority.
The information provided here is a summary of, and not a detailed review, of the building regulations. Persons should seek professional advice for their own specific situations and should consult the current technical guidance documents and the current regulations.
The new Building Control (Amendment) Regulations 2014 came into effect on 1st March 2014. Full details of the Regulations can be downloaded on: https://www.gov.ie/en/publication/95d00-building-standards/
This advice note is aimed at those preparing to commence works to which the Building Regulations apply. You should carefully read the following information and take the necessary steps to ensure you comply with the requisite Regulations. (Please note that this advice note is for information purposes only and does not purport to be a legal interpretation of the legislation.
Flowchart to establish if Commencement Notice is Required
ACCESS TO THE BUILDING CONTROL MANAGEMENT SYSTEM HERE ...link to BCMS
1. Commencement Notice (or 7 Day Notice)
Subject to certain exemptions, the Building Control Regulations require that, a Commencement Notice (or 7 Day Notice) is submitted for:
(a) the erection of a building,
(b) the material alteration or extension of a building, and
(c) a material change of use of a building, to which the Building Regulations apply.
It is a requirement that the Commencement Notice is submitted not less than 14 days and not more than 28 days before commencement of the works.
A commencement notice shall be filed electronically on the Building Control Management System (BCMS) or set out in the form for that purpose entitled ‘Form of Commencement Notice for Development’.
Short Commencement Notice
A ‘Short’ Commencement Notice may be submitted for the following categories of development:
(a) Material Alteration of:
• Shops
• Offices
• Industrial Units
Provided that a Fire Safety certificate is NOT required.
(b) An extension to a dwelling involving a floor area less than 40 square meters.
Note : Short form commencment notices submitted over the counter will be subject to an additional charge of € 20 (Twenty Euros)
Submitting a short form commencment notice on line.
When the user selects to create a new Commencement notice there is now an option at the top of the screen 'Select Notice Type'. There is another screenshot attached showing this.
The Builder the Owner and the designer need to accept their roles,
The only documents requirement is the Commencement notice itself.
The Requirements for a Full Commencement Notice apply if the works relate to:
(I) the design and construction of a new dwelling
(II) an extension to a dwelling involving a total floor area greater than 40 Sqm
(III) works to which Part III (Fire Safety Certificate) applies,
the Commencement Notice must also be accompanied by the following:
- 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. This includes—
- general arrangement drawings including plans, sections and elevations,
- a schedule of such plans, calculations, specifications and particulars as are currently designed or to be prepared at a later date,
- 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,
- the preliminary Inspection Plan prepared by the Assigned Certifier, and
The following certificates and notices in the appropriate forms
- Certificate of Compliance (Design),
- Notice of Assignment of Person to Inspect and Certify Works
- Certificate of Compliance (Undertaking by Assigned Certifier),
- Notice of Assignment of Builder,
- Certificate of Compliance (Undertaking by Builder), and
- Appropriate fee.
7 Day Notice
Where it is intended to avail of the 7 Day Notice application (works which require a Fire Safety Certificate) the application must also be accompanied by the above in addition to a statutory declaration and a valid application for a Fire Safety Certificate. Applicants should contact to Fire Officers directly
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Note that;
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Certificate of Compliance on Completion
For buildings which required a ‘full’ commencement notice a Certificate of Compliance on Completion is required to be lodged with the Building Control Authority on completion of the works. Such a Certificate shall be accompanied by the “Inspection Plan” as implemented by the Assigned Certifier and such plans, calculations, specifications and particulars as are necessary to outline how the works or building as completed differs from the plans, calculations, specifications and particulars previously submitted and complies with the Second Schedule to the Building Regulations.
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Under the Building Control (Amendment) Regulations 2013 before a building can legally be opened, occupied or used the “Certificate of Compliance on Completion” must be lodged with the Building Control Authority and included on the Public Register. |
To lodge a Commencement Notice On-line
A Commencement Notice can be submitted online using the Building Control Management System (BCMS) at: https://www.nbco.localgov.ie/en/link-type/bcms
Further Information
The Department of Environment, Community and Local Government have produced a guide to the Building Control (Amendment) Regulations 2014 in the form of frequently asked questions (FAQ’s): Guide to the Building Control (Amendment) Regulations 2014 (PDF)
The register is separated into two folders below:
- BCMS Register (1st March 2014 onward)
To carry out a search - just Click “Ctrl” and “F” and a search box will appear, type in a name address
or planning number and enter or similiarly click on the binoculars symbol
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
Frequently asked questions about Disability Access Certification
FAQs about Disability Access Certificates
A Fire Safety Certificate (FSC) 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 B of the Second Schedule to the Building Regulations 1997 - 2011. A Fire Safety Certificate may be granted with or without conditions, or it may be refused.
With the exception of houses and certain agricultural buildings, a Fire Safety 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. If a person intends to commence works prior to a Fire Safety Certificate being granted, a 7 day notice must be lodged with the building control authority. Otherwise, a Fire Safety Certificate is required prior to commencement of the works.
If you build without a Fire Safety 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 Fire Safety Certificate for the building. If you are unable to produce a Fire Safety Certificate you may find it difficult to sell. If you build or extend a public house /licensed premises without a Fire Safety Certificate you will even run into difficulties obtaining or renewing a license.
The statutory period allowed to a building control authority to process a Fire Safety 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 Building Control Regulations 1997 – 2009 has the effect of creating 3 separate certificates when dealing with fire safety:
Fire Safety Certificate - This is required where the applicant proposes a new building, a new building extension, or certain modifications to an existing building.
Revised Fire Safety Certificate - This is required to update the content of a previously granted fire safety certificate, due to proposed or required changes to the building design.
Regularisation Certificate - This is required where building works requiring a Fire Safety Certificate were commenced or completed post 1st June 1992 without an associated Fire Safety Certificate application. Any application for a Regularisation Certificate must be accompanied with a Statutory Declaration. This declaration states that the works comply with part B of the Building Regulations. It also requires the applicant to agree to an inspection by the Building Control Authority and to carry out any additional works required by the Authority.
7 Day Notice
Where it is intended to avail of the 7 Day Notice application (works which require a Fire Safety Certificate) the application must also be accompanied by the above in addition to a statutory declaration and a valid application for a Fire Safety Certificate.
the 7 Day Notice Notice must also be accompanied by the following:
- 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. This includes—
- general arrangement drawings including plans, sections and elevations,
- a schedule of such plans, calculations, specifications and particulars as are currently designed or to be prepared at a later date,
- 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,
- the preliminary Inspection Plan prepared by the Assigned Certifier, and
The following certificates and notices in the appropriate forms
- Certificate of Compliance (Design),
- Notice of Assignment of Person to Inspect and Certify Works
- Certificate of Compliance (Undertaking by Assigned Certifier)
- Notice of Assignment of Builder,
- Certificate of Compliance (Undertaking by Builder), and
- Appropriate fee.
To lodge a 7 Day Notice On-line using the Building Control Management System (BCMS) at: www.localgov.ie/en/link-type/bcms
Note that the 7 day Notice is applied through BCMS online. please liaise with fire officer before submission
The Building Regulations require that buildings must be designed and constructed so that the amount of energy required for the operation of the building and the amount of associated CO2 emissions are minimised. Some completed buildings have been found to be non-compliant with Part L of the Building Regulations. This not only leaves the owner liable to prosecution by the Building Control Authority but also leads to practical difficulties in that remedial action may be difficult and expensive, to remedy this non-compliance.
In order to avoid such a situation you should immediately engage a Sustainable Energy Authority of Ireland (SEAI) registered BER assessor to carry out an assessment of your building. A list of registered assessors is available online at www.sei.ie/ber. Your assessor will be able to carry out calculations based on your building drawings and as part of the BER process and should be able to supply you with:
(a) the pages showing conformance with Building Regulations Part L, and,
(b) a Microsoft Word version of the Details Report.
It will be readily apparent what rating the proposed building will achieve and if the design of the proposed building is fully compliant with Part L. At this point, if the building is non-compliant in any way, appropriate changes can be made to ensure the building being constructed is compliant.
Compliance with Part L of the Building Regulations
Compliance with Part L of the Regulations must be demonstrated using the Dwelling Energy Assessment Procedure (DEAP) methodology for dwellings and the Non domestic Energy Assessment Procedure (NEAP) methodology for buildings other than dwellings. Your registered BER assessor will use this process when carrying out an assessment of your building. It will take account of construction type, levels of insulation, ventilation, air tightness, fuel types, heating systems and controls, distribution losses, etc.
Building Energy Rating (BER)
A Building Energy Rating (BER) is an indication of the energy performance of a building it is similar to the energy label on a fridge with a scale of A to G. “A” rated buildings are the most energy efficient. Before a building is occupied for the first time, or advertised for sale/let, the owner (or Agent) of a building must obtain a BER certificate and advisory report in relation to the building.
What is Radon
Radon is a radioactive gas which originates from the decay of uranium in rocks and soils. It is colourless, odourless and tasteless and can only be measured using special detectors. When radon surfaces in the open air, it is quickly diluted to harmless concentrations, but when it enters an enclosed space, such as a house or other building, it can sometimes accumulate to unacceptably high levels.
Radon decays to form tiny radioactive particles, when inhaled into the lungs these particles can result in a radiation dose which may damage cells in the lung and increase the risk of lung cancer. In Ireland about 300 cases of lung cancer are linked to radon each year.
The government has set a reference level of 200 Bq/m3 for households and recommends that all homes have radon levels below this. Radon is easy to test for and it is easy to reduce the levels of radon in your home.
Learn More
Website: www.radon.ie
Freephone: 1800 300 600
Email: radon@epa.ie.
Note
- The Design and Assigned Certifier must be a Registered Chartered Engineer, or Registered Architect or Registered Building Surveyor.
- The builder must be competent to undertake the works in accordance with drawings and specifications supplied and with the building regulations.
- The drawings, calculations, specifications must outline how the proposed works or building will comply with the technical requirements of the Building Regulations.
- The drawings submitted at planning permission are not for building control purposes and are not likely to be sufficient to demonstrate compliance with Building Regulations or to instruct a builder in the proper execution of the works.
NEW INFORMATION ON BCMS PROCEDURES
There is a release tonight Friday 15th August 2014 and there is a couple of items to be made aware of :
- The link in the email sent to stakeholders on role nomination will now bring the user to the correct tab for Acceptance. This should ease the burden of Role Acceptance issues.
- The roles acceptance process has changed. Users can now nominate roles and proceed to Documentation stage without Acceptance. The system will check on submission that all users have accepted and will block submission if not.
- The issue with owners accepting role without entering appropriate information (eg Address info) has been fixed.
- The users were getting two emails when nominated for a role. They will now only get one.
- We have removed the ability for all users other than the assigned certifier to upload documents once the application has been submitted (as directed by the Steering Group).
- There is now additional help text around payment amount and how to change if incorrect.
These changes should have a significant impact on the support load which exists at present. Your patience is appreciated through this improvement phase.
14 July 14 Acceptance of Role must be done via Email & Details on Short CN
Ideally all parties should liaise with the Assigned Certifiers, as this is the person responsible for the updating the file on BCMS.
- Code of Practice for Assigned Certifiers
- Guidance on submitting Commencement Notice or 7 Day Notice on BCMS
All Materials procured for use on works must be in compliance with the
- Construction Products Regulations
- Construction Products Regulation 2013 Notice To Designers and Assigned Certifers
Completion Certification
Useful publications for Designers & Assigned Certifiers
- FAQs about Disability Access Certificates
- DAC Guidance Document
- DAC Drawings Check list
- DAC Drawings Symbols Key
- Buildings for everybody - Facilities
- Buildings for everybody - Building Types
- Buildings for everybody - Management
- Guidelines for SanitaryFacilities Dept Education
- HIQA_Residential_Care_Standards_2008
- FAQs about Fire Certificates
- General requirements for Fire Safety Certification
- FAQs about Regularisation Fire Safety Certificates
- Supplementary Guidance on Stairs
- Short Form Commencement Notice
All Forms associated with submission of a Commencement Notice or 7 Day Notice are only available on the Building Control Management System, Click here - BCMS
Short Form Commencement Notice
Disability Access Certification Link to associated information
Fire Safety Certification Link to associated information
Link to Fire Operations webpage
- Fire Safety Certificate Application (FSC)
- Regularisation Fire Safety Certificate
- Revised Fire Safety Certificates
Application for Dispensation or Relaxation for Building Regulations
Contact Details
Donegal County Council Market Survellience Team e-mail address: marketsurveillance@donegalcoco.ie
National Building Control and Market Survellience Office e-mail address: support@nbco.gov.ie
Information relating to the Construction Product Regulations can be accessed at https://nmso.nbco.localgov.ie