BC(A)R Practicalities & issues arising Orla fitz.Gerald friai fciaRb riba mii

BUILDING CONTROL MANAGEMENT OFFICE Building Control Acts: OBJECTIVE: SAFETY of PEOPLE within the BUILT ENVIRONMENT BC(A)R = IMPLEMENTATION Guiding principles: “BUIILD TO LAST” “BUILD TO CHANGE”

BC(A)R Practicalities & ISSUES ARISING THINK AHEAD: What is the objective of “the works” (Multiple Units; Grey Box; etc.) COMMENCEMENT NOTICE: Common Difficulties (Validations; PIP’s etc) STATUTORY ROLES: Changes post submission of CN pre CCC (including “the Carillion” effect) CERTIFICATE OF COMPLIANCE ON COMPLETION: What and When (& “what if”) OTHER ISSUES ARISING: CPR & Brexit; Costs USEFUL LINKS

THINK AHEAD

THINK AHEAD What is the purpose of the Works? - Turn Key? - Shell & core? - Multiple Units for sale individually? - Retail complex with tenant fit-out? - Alterations and Additions? & SET UP DOCUMENTATION ACCORDINGLY TO “OPEN, OCCUPY or USE”

THINK AHEAD:

“MIND THE GAPS” ATTENTION TO… FOCUS ON….. THE GAPS why and where… ELIMINATE

CODE OF PRACTICE for inspecting & certifying buildings and works (September 2016) USE IT!

COMMENCEMENT NOTICE COMMON DIFFICULTIES

Commencement notice submission: cOmmon issues arising –NOT / incorrectly REGISTERED ON BCMS

Commencement notice submission: cOmmon issues arising – “who is the owner”

Commencement notice submission: cOmmon issues arising – “who is the owner”

Commencement Notice: ON-Line assessment:

Commencemet notice: on-line assessment: consequence classes

COMMENCEMENT NOTICE: on-line assessment – each part of regs

Commencement notice: on-line assessment – completion prompts

Commencement notice: BCMS FAQ’s:

CODE OF PRACTICE (September 2016): Guidance re risk assessments/ PIP’s:

CODE OF PRACTICE (September 2016): Guidance re risk assessments/ PIP’s:

STATUTORY ROLES CHANGES POST SUBMISSION OF CN & PRE CCC

statutory roles: changes post commencement & pre completion

statutory roles: changes of persons identified in statutory roles: post commencement & pre completion

statutory roles: changes post commencement & pre completion

statutory roles: changes post commencement & pre completion BUILDER TERMINATION OR LIQUIDATION:

statutory roles: changes post commencement & pre completion BUILDER TERMINATION OR LIQUIDATION (Section4.7):

statutory roles: changes post commencement & pre completion BUILDER TERMINATION: OWNER CONTROLS THE PROCESS – so can PREPARE in advance of Termination - An ASTUTE Owner/ AC will ensure: AC has as much if not all documentation to hand thereby reducing the amount of necessary testing/ opening up/ demolitions

statutory roles: changes post commencement & pre completion BUILDER LIQUIDATION: (“Carillion Effect”) “When” liquidation occurs will determine a lot early: simpler to demolish? Later: Significant engagement with BCA to agree on how matters to be addressed.

CERTIFICATE OF COMPLIANCE ON COMPLETION: “CCC” WHAT & WHEN & WHAT IF……………………

Certification stage/ ccc: WHAT……

Certification stage/ ccc: What…..

CODE OF PRACTICE (September 2016): Guidance re supporting documentation:

Certification stage/ ccc: WhEN….. PROSPECTIVE NOTICE: 3-5 Weeks Ahead of Nominated Date As much as possible uploaded in completed format Other Documents in Draft format to facilitate review Inspection Plan as Implemented (“IPI”) – complete to date of submission On “Nominated Date” (for completion) upload Final Documents Within 24 Hours all should enter onto the Register.

Certification stage/ ccc: REMEMBER….. BCA require 21 days to validate Contracted works do not necessarily require to be complete to submit CCC Certificate of Compliance on Completion is not connected to: Compliance with Planning Conditions “Taking in Charge” Financial Contributions “Practical Completion” other than the contract stipulates such

Certification stage/ ccc: REMEMBER….. A Valid CCC (i.e. “Entered on the Register”) is required to “OPEN; OCCUPY or USE”

Certification stage/ ccc: What IF….. Builder or Assigned Certifier will not sign the CCC.... Both have provided statutory undertakings (for valid CN) Wording includes the words: “...and take reasonable steps to ensure that I shall certify the works...”

Certification stage/ ccc: What IF….. Builder or Assigned Certifier will not sign the CCC.... “Reasonable Steps”..... Included going to court/ an injunction: K&J Townmore Construction Limited v Drumderry Aggregated Limited [unreported; HC 2017/9673P] HC Ordered a precast sub-contractor (an ancillary certifier to MC) to deliver certification relating to precast concrete elements so they could be provided to the Assigned Certifier for CCC

OTHER ISSUES ARISING CPR & BREXIT…………

Other issues arising: POST Brexit: NB “NB” Part D of Regulations: “Materials & Workmanship” High % of Building Materials sourced from UK EU (Construction Products) Regulations 2013: ‘CE’ marking Post Brexit, UK Notified Bodies (“NB”) will lose their status as EU Notified Bodies Therefore for Products relying on a UK NB check if: A new certificate by a EU27 NB has issued Or UK NB has established itself in an EU27 member state (some have) Product files have transferred to an EU NB “NO DEAL BREXIT” UK have indicated it intends to bring in a UK equivalent to ‘CE’ marking called ‘UKCA’ which will re required instead of ‘CE’ marking to access the UK market – EU reciprocal?

OTHER ISSUES ARISING Costs Regulatory Compliance: required before BC(A)R 2014 = NO CHANGE Demonstration of Compliance now formally required = NO REAL CHANGE?? Additional administrative requirements = CHANGE = €? CN with Documents/ 7 Day-Notice: - Additional supporting documentation (Risk Assessment; PIP’s) - 3rd Party “management” (Ancillary certs; supporting documentation etc) CCC – Prospective + Final = €€? COSTS: Inversely proportionate to the size of job [PV in millions relatively small; PV small, relatively large].

USEFUL LINKS:

USEFUL LINKS: Access to Department circulars: Administrative Consolidation of Building Control Regulations 1997-2018: https://revisedacts.lawreform.ie/eli/1997/act/496/front/revised/en/html Code of Practice for Inspecting and Certifying Buildings and Works (September 2016) https://www.housing.gov.ie/HOUSING/BUILDING-STANDARDS/BUILDING-REGULATIONS/CODE- PRACTICE-INSPECTING-AND-CERTIFYING-BUILDINGS “Bringing Back Homes” – Manual for the reuse of existing buildings (clear and detailed guidance on how current policy and regulatory requirements apply to this form of development): https://www.housing.gov.ie/housing/home-ownership/vacant-homes/vacant-homes Access to Department circulars: https://dhplg.sharepoint.com/sites/circulars/ecirculars/SitePages/Home.aspx

USEFUL LINKS: Search within the Statutory Register Brexit “Prepardness”: https://ec.Europa.eu/info/brexit/brexit-preparedness_en NSAI Brexit Unit BrexitUnit@NSAI.ie EU (Construction Products) Regulations 2013 http://irishstatute-book.ie/2013/en/si/0225.html NBMP FAQ’s: https://www.localgov.ie/sites/default/files/20180305-faqs_national_building_control_project_v1.1 Search within the Statutory Register https://www.localgov.ie/en/bcms/search

THANK YOU Orla Fitz.Gerald DipArch BSc(Arch) (Hons) PGDip (Arb) PGDip (Constr Law & Contract Admin) MSc (Constr Law) FRIAI FCIArb RIBA MII