1. Building Control Regulations, 1997 to 2015 and the Building Control Management System
Pat Nestor MSCSI MRICS
Head of Building Control
Dublin City Council
September 2017

2. Presentation Overview
Legislation
Code of Practice for Inspecting and Certifying Buildings and Works
Roles and responsibilities at various stages
Framework for Building Control Authorities
What supports are available?

3. Building Control Acts 1990 to 2014 Building Control Regulations
Legislation
Building Control Acts 1990 to 2014
Building Control Regulations
1991/1994/1997/2000/2009/2013/2014/2015
Building Regulations

4. The Building Control Acts 1990 to 2014
Primary enabling legislation
Allows for publication of Building Regulations and Building Control Regulations
Sets out responsibilities for design and construction
Sets out powers of the Building Control Authorities
Other matters including registration of Architects, Quantity Surveyors and Building Surveyors

5. Building Control (Amendment) Regulations 2014
Activated Certificates of Compliance provided for in Section 6 of Building Control Act 1990.
1. Mandatory Certification
2. Lodgement of Plans
3. Mandatory Inspection
4. Validation and Registration

6. Code of Practice for Inspecting and Certifying Buildings and Works
The Code of Practice is a key document to understand Building Control Procedures
Following the guidance in the CoP shall indicate compliance with the requirements of Building Control

7. Code of Practice for Inspecting and Certifying Buildings and Works
Revised September 2016
Sets out in plain language the roles and duties of all involved
Describes requirements for Certification
Describes the lodgement of plans including arrangements for later lodgement of plans where changes occur
Describes the key actions at Commencement, Construction and Completion Stages
Archiving of records
E-Lodgements
Professional ethics
Insurance

8. What Certification is required and When?
A Design Certificate signed by the Design Certifier at commencement stage.
A form of Undertaking signed by the Assigned Certifier at the commencement stage.
A form of Undertaking signed by the Builder at the commencement stage.
A Certificate of Compliance on Completion signed by the Builder and by the assigned Certifier at completion stage.
“Design Certifier” means the person who signs the Certificate of Compliance (Design).
“Assigned Certifier” means the competent, registered professional person so assigned, in accordance with the Building Control Regulations.
“Builder” means a competent builder appointed, for purposes of the Building Control Regulations, by the building owner, to build and supervise the works.

9. Key players Who are the key people? Building Owner
Designer/ Design Certifier
Assigned Certifier
Builder
Ancillary Certifier
Building Control Authority
“Building Owner” means the person who has commissioned or paid for the works
and who has legal entitlement to have such works carried out on their behalf.
“Design Certifier” means the person who signs the Certificate of Compliance (Design).
“Assigned Certifier” means the competent, registered professional person so assigned, in accordance with the Building Control Regulations.
“Builder” means a competent builder appointed, for purposes of the Building Control Regulations, by the building owner, to build and supervise the works.
“Ancillary Certifier” means a person proposed to issue an “Ancillary Certificates” which is a certificate other than a statutory certificate of compliance as prescribed in the Building Control Regulations given by a competent person to confirm compliance of elements of the building, design or works with Building Regulations.
“Building Control Authority" means a Local Authority to which section 2 of the Building Control Act 1990 applies.

10. Key Stages
Commencement
Construction
Completion

11. Key requirements at Commencement Stage
The online submission at commencement stage will typically include the following: -
Commencement notice (or 7 day notice);
Plans, calculations, specifications and particulars as are necessary to outline how the building proposed works or building will comply with the requirements of the Second Schedule to the Building Regulations relevant to the works or building concerned
Preliminary Inspection Plan or Inspection Notification Framework
Statutory Design Certificate
Ancillary Design Certificates usually included
Notice of Assignment of Assigned Certifier by the Building Owner;
Notice of Assignment of Builder by the Building Owner;
Form of Undertaking by the Assigned Certifier;
Form of Undertaking by the Builder and
The appropriate fee.
During Construction
Completion

12. Key requirements at Construction Stage
Commencement Stage
During Construction
Certifiers
Carry out inspections as per the Inspection Plan
Coordinate the inspections of Ancillary Certifiers
Inspection frequency may need to be adapted if changes occur on site
Agree procedures to address non-compliances when they arise
Maintain Records
Builder
Should familiarise themselves with the design
Ensure a Competent Person is appointed to oversee the works
Build in accordance with the certified design
Have regard to the requirements of the Building Regulations
Cooperate with the Assigned Certifier, the Design Team and other Certifiers
Ensure Workmanship meets the required standards
Ensure Materials used meet the relevant standards
Completion

13. Key requirements at Completion Stage
Commencement Stage
During Construction
Completion
Assigned Certifier
Coordinate collection of all necessary certification, test records, commissioning records, and other records
Provide the Inspection Plan as Implemented
Where changes have occurred to the design upload the necessary as-built records to account for these changes
Sign the Certificate of Compliance on Completion (Part B) with Builder (Part A)
Submit the CCC to the Building Control Authority
Builder
Cooperate with Assigned Certifier and provide all necessary certification and documentation
Sign the Sign the Certificate of Compliance on Completion Part A

14. Framework for Building Control Authorities
Purpose to provide guidance for Building Control Authorities
Aims to standardise and coordinate the role of the BCAs
Helps to understand the work of the BCA
Provides sample letters, templates for use by the BCA
Describes other roles of BCA

15. Building Control Statutory Functions
Building Control Authority
Market Surveillance Authority for the purposes of the European Union (Construction Products) Regulations 2013
Enforcement of the European Union (Energy Performance of Buildings) Regulations 2012

16. Building Control Specific Functions
20 functions listed in the Framework
Receive Notices of Commencement
Maintain Registers
Determine compliance of building designs by issuing Fire Safety Certificates and Disability Access Certificates
Provide Advice
Inspections
Enforcement
Prosecutions

17. Building Control Enforcement Pyramid
Prosecution on Indictment
Summary Prosecution
High/Circuit Court Order S.12
Enforcement Notice S.8
Warning Letter
Persuasion / Advisory Letter

18. What supports are available?
Add transition – slide animation at later stage 18

19. Supports – Building Control Management System

20. BCMS

21. What is the BCMS?
A single standardised fully electronic Building Control Management System operated across the Local Authority Sector
The system has been developed by the Local Government Management Agency on behalf of all Local Authorities
It has made BC(A)R possible and workable
It has 73,000 plus registered users
More than 34,000 construction projects recorded
Practically a complete record of the Irish Construction Industry

22. Where is BCMS going next?
Online submission and assessment of Fire Safety Certificate and Disability Access Certificate applications
Applications for Dispensations / Relaxations to be fully online
Recording of all site inspections and desktop reviews by Building Control Officers
Fully functional Building Control Management tool.

23. Supports Available – Training
The Building Control Management Project Board are preparing to roll out minimum competency training modules in Building Control
A pilot program is already underway for Local Authority staff and this will be extended to the industry when complete
6 Modules planned
Built Environment Legislation overview
Building Control Management System (BCMS)
Building Regulations Technical Overview
Inspections
Enforcement
Compliance and Support

24. Supports Available – Dept of Housing, Planning, Community and Local Government

25. Supports Available – Building Control
Ask us:
Dublin City Council Building Control or

26. Thank you – Any Questions?