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Clients’ Responsibilities Under the New Building Control Regulations 2014

The newly amended Building Control Regulations will come into operation on 1 March 2014.

These new Regulations will introduce strict new measures for the control of building projects with a view to prevent the future re-occurrence of poorly constructed dwellings.

Building Control Regulations 2014_Clients responsibilities

 

In summary, the new Building Control Amendment Regulations require:

  • Submission of compliance drawings and documentation to local building control authorities;
  • Signing of mandatory certificates of compliance by the designer prior to construction and by the Assigned Certifier and the Builder when a building is complete.

 

There is a lot more paperwork, inspection, certification, control and responsibilities than before. Clients shall be prepared to incur additional expenses to cover the above services (read BREGs Forum article with indicative costs).

 

All duty holders (clients, designers, contractors, etc) will have their own obligations. This article focus on the Clients' Responsibilities.

 

These responsibilities will only apply to you if you are undertaking the following works:
  • the design and construction of a new dwelling,
  • an extension to a dwelling involving a total floor area greater than 40 square metres,
  • works to which Part III applies (works where a fire safety certificate is required).

 

Key Responsibility

There is an obligation under section 3(5) of the Building Control Act 1990 that buildings and building works are designed and constructed in accordance with the relevant requirements of the Building Regulations. Building Owners, Designers and Builders must adhere to this legal requirement. In undertaking building works, appropriate measures shall be taken so that the work is in accordance with the Building Regulations. Designers, Builders and certifiers should exercise reasonable skill, care and diligence in the exercise of their duties. They and persons assigned by them should be competent for the work they undertake.

 

Clients' Responsibilities

The Client/Building owner is ultimately responsible for ensuring that buildings and building works are carried out in accordance with the requirements of the Building Regulations.

The Clients/Building owners should ensure:

The above will ensure that adequate resources and Competent Persons are made available to design, construct, certify and inspect the building works.

 

Link to New Building Control Amendment Regulations 2014

Assigned Certifier

The Assigned Certifier is the person assigned by the Client/Building Owner as is required under the Building Control Regulations. They undertake to inspect, and to co-ordinate the inspection activity of others during construction, and to certify the building or works on completion. The role of Assigned Certifier does not include responsibility for the supervision of any builder. They may or may not be a member of the design team.

 

Competent Person

A person is deemed to be a competent person where, having regard to the task he or she is required to perform and taking account of the size and/or complexity of the project, the person possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken;

 

Who can sign as the Design Certifier and/or as the Assigned Certifier?

The following may be appointed and sign as the Assigned Certifier, provided they are competent in relation to the particular works involved:

 

 

 

 

 

 

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3 Comments

  1. amanda gallagher

    Hi isabel, we are halfway through planning permission for a new house in sligo. We were planning a self build and the council here said that they would FOR NOW accept the certificates with my husband signing himself as builder even though he is not a ‘builder’. We are just worried about the whole thing as its so confusing, these are legal documents after all. Also we read that you would also need to hire project supervisor. We just wonder what you think of the self build route now?

  2. amanda gallagher

    Thank you Isabel. I do think that Ireland must be the only country in the world to conjure up such absurd laws. Surely anyone can see a self build family home would obviously be constructed to the highest standard possible. These regulations will prevent low income families ever owning their own home. I think we’ll be off to the European Court of Human Rights next!! Thank you for the info.

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