County Waterford, Ireland
The Building Control (Amendment) Regulations 2009 came into effect on lst October 2009 except for the provisions of Article 8 (Disability Access Certificates/Revised Disability Access Certificates) which will come into effect on lst January, 2010.
The Building Control (Amendment) Regulations 2009 amend the Building Control Regulations 1997 and prescribe the administrative procedures in respect of the new certification measures provided under Section 5 of the Building Control Act 2007.
The new regulations provide for a
- 7 Day Notice
- Revised Fire Safety Certificate
- Regularisation Certificate
- Disability Access Certificate
- Revised Disability Access Certificate
7 Day Notice
Article 20A sets out the procedure for submission of a 7 Day Notice to a Building Control Authority where a person intends to commence work on the construction of a building before grant of the relevant Fire Safety Certificate. The Notice must be submitted not less than 7 days in advance of commencement of work and must accompanied by a valid fire safety certificate application, plans, a 7Day Statutory Declaration in the form specified for that purpose and fee – see Article 20A of the Regulations. The fee at present is €250 or €5.80 for each sq. metre of floor area being provided/relevant floor area whichever is the greater, or in the case of an agricultural building €130 or €1.60 for each sq. metre in excess of 300 sq. metres of (i)gross floor area being provided or (ii) relevant floor area. This fee is in addition to the fee for the accompanying Fire Safety Certificiate.
Revised Fire Safety Certificate
A Revised Fire Safety Certificate is required where:
- an application for a Fire Safety Certificate is made before grant of planning permission, if required by the subsequent permission
or - where significant revision is made to the design or works of a building
for which a Fire Safety Certificate has already been granted.
See Article 20B. An application submitted for A Revised Fire Safety Certificate must be in accordance with the requirements of Article 20B (3) of the Regulations. This must be accompanied by such revised plans (in duplicate) and such other revised calculations, specifications as are necessary, and accompanied by a fee. The fee at present is €125 or €2.90 for each sq. metre of floor area being provided/relevant floor area whichever is the greater.
Article 20C sets out the requirement for a Regularisation Certificate where a building has been commenced or completed without a Fire Safety Certificate where such certificate is required, or the submission of a 7 Day Notice. An application submitted for a Regularisation Certificate must be accompanied by (a) drawings of the relevant works as they have been commenced or constructed (b) a statutory declaration in the form specified for that purpose in the Regulations, and a fee.
At present the fee for a Regularisation Certificate is €500 or €11.60 for each sq. metre of floor area being provided or relevant floor area whichever is the greater. In the case of works or building where the building concerned will be used as an agricultural building the fee is €260 or €3.60 for each sq. metre in excess of 300 square metres of gross floor area being provided or relevant floor area.
- Regularisation Certificate (word .doc, 31 kbs)
- Regularisation Certificate Statutory Declaration (word .doc, 24 kbs)
Article 20D sets out the requirement for a Disability Access Certificate which will certify compliance at design stage of certain works with the requirement of Part M of the Second Schedule to the Building Regulations 1997 to 2008. With the exception of houses and some agricultural buildings a Disability Access Certificate is required prior to commencement of work. An application for a Disability Access Certificate must be submitted in accordance with the requirement of Article 20D(3) of the Regulations and must be accompanied by
- Such drawings (including a site or layout plan) (in duplicate), suitably marked, noted, highlighted (e.g. coloured, toned or other) and such other particulars (e.g. a report) as are necessary,
- (a) to identify and describe the works or building to which the application relates, and
(b) to demonstrate how the Building or works comply with the Requirements of Part M 2000, in particular in relation to the following, where applicable - approach to a building, access to a building, circulation within a building, use of facilities within a building, bedrooms in hotels and other guest accommodations, sanitary conveniences, audience or spectator facilities, apartments in a building. Sufficient information should be provided to enable the building control authority to assess whether the works or building would, if constructed in accordance with the said plans and other particulars, comply with the requirements of Part M 2000.
(c) to identify the nature and extent of the proposed use and, where appropriate, of the existing use of the building concerned. - The fee which at present is €800 per building.
The regulations provide an exemption from payment of fees for a disability access certificate in respect of certain primary schools where the maximum number of mainstream teachers employed is or will be 4 or less.
Revised Disability Access Certificate
Article 20E provides for a Revised Disability Access Certificate in respect of works where significant revision is made to the design or works of a building for which a Disability Access Certificate has already been granted. An application for a Revised Disability Access Certificate in the form specified by the regulations and must be accompanied by
- Such drawings (including a site or layout plan )(in duplicate), suitably marked, noted, highlighted (e.g. coloured, toned or other) and such other particulars (e.g. a report) as are necessary,
- (a) to identify and describe the works or building to which the application relates, and
(b) to demonstrate how the Building or works comply with the Requirements of Part M 2000, in particular in relation to the following, where applicable - approach to a building, access to a building, circulation within a building, use of facilities within a building, bedrooms in hotels and other guest accommodations, sanitary conveniences, audience or spectator facilities, apartments in a building. Sufficient information should be provided to enable the building control authority to assess whether the works or building would, if constructed in accordance with the said plans and other particulars, comply with the requirements of Part M 2000.
(c) to identify the nature and extent of the proposed use and, where appropriate, of the existing use of the building concerned. - The fee which at present is €800 per building.
The regulations provide an exemption from payment of fees for a revised disability access certificates in respect of certain primary schools where the maximum number of mainstream teachers employed is or will be 4 or less.
The Regulations may be accessed on the Department’s website.
The Regulations should be read in conjunction with the Building Control Acts 1990 and 2007 and the Building Control Regulations 1997.
