Presentation at Charleville Park Hotel Charleville County Cork

Kevin Sheridan EurBE, MSc CEnv, FSCSI, FRICS, FIBCI, FCIOB, FCABE,

MICE, FCInstCES, CBuildE, PEng

President AEEBC

BUILDING CONTROL Amendment Regulations (2014)

Society of Chartered Surveyors –Ireland

1 Background & Context 2 Consultation Process 3 Amended Regulations/COP 4 Lodgements & Roles of key Players 4 Issues for consideration

Overview of Presentation

•S.I. No. 80 of 2013 signed into law by the Minister for the Environment Community & Local Government, Later Superseded by SI 9 of 2014 and will come into effect from 1 March 2014 Supporting COP issued February 2014 Statutory Instrument S.I. No. 105 of 2014 BUILDING CONTROL (AMENDMENT) (NO. 2) REGULATIONS 2014 2 [105] •

BUILDING CONTROL Amendment Regulations (2013)

• Building Control Acts 1990 and 2007

• Building Regulations (1997-2012)

• Building Control Regulations (1997-2014)

– Building Control (Amendment) Regulations 2014 S.I. 9 of 2014

• Technical Guidance Documents A to M

• Code of Practice for Inspecting and Certifying

Buildings and Works

• Framework for Building Control Authorities

Legislation, Regulations, Code of practice and Guidance Documents

• Covered by the Building Control Acts of 1990 and 2007 (No. 3 of 1990 and No. 21 of 2007). & (S.I. No. 9of 2014 –Activating Certificates of Compliance under Building Control Act 1990) provides the underpinning legal foundation for the system of enforcement.

Building control system

• Dublin Corporation & limited No of Local Authorities) Bye-laws (Prescriptive) 1880 . (ceased to have effect after 31 May 1992

• 1990: Building Control Act

• 1991: Building Regulations and

Building Control Regulations

• 1992: Commencement of Current Regulatory regime

• 1997: Regulations revised/consolidated

• 2007 Building Control Act – Registration of Titles

• Unlike UK we never had a Local Authority Building Regs approval system

Evolution of Building control system

• 1 Buildings and works that require a fire safety certificate

• 2 New Dwellings – houses and apartments

• 3 Extensions to dwellings with a floor area greater than 40 square metres

Scope of buildings or works requiring New BCA certification

etc

• Fire Safety Certificates • 11. (1) Subject to sub-article (2) and articles 3 and 6, this • Part applies to— • (a) works in connection with the design and construction of a new building, • (b) works in connection with the material alteration of— • (i) a day centre, • (ii) a building containing a flat, • (iii) a hotel, hostel or guest building, or • (iv) an institutional building, or • (v) a place of assembly, or • (vi) a shopping centre,

• but excluding works to such buildings, consisting solely of minor works,

• (c) works in connection with the material alteration of a shop, office or industrial building where

• (i) additional floor area is being provided within the existing building, or • (ii) the building is being subdivided into a number of units for separate occupancy, • (d) works in connection with the extension of a building by more than 25 square

metres, • (e) a building as regards which a material change of use takes place, to which the

requirements of Part B of the Second Schedule to the Building Regulations apply.

Scope of buildings or works requiring New BCA certification- Reference Building Control Regulations 1997

Building Control Regulations - Key Elements

– Commencement Notices

– Fire Safety Certificates

– Disability Access Certificates

– 7 day Notices

– Lodgement of Plans

– Design Certificates

– Notices of Assignment by owner of “Assigned Certifier & Builder”

– Certificates of Undertaking by Assigned Certifier and Builder

– Completion Certificates

– Inspection Plans

– Public Register of Notices and Certificates

Building Control Acts

Building Regulations

Technical Guidance

Documents

Building Control Regulations

Code of Practice

1.Certification 3. Inspection

by Owner’s Team & LA

2. Lodgement of Plans

4. Validation

Building Control (Amendment) Regulations

• BCAR Regs must be read in conjunction with the primary legislation and other related Regs

• Two tier application (on line) streaming options regarding exemptions for New Commencement notices & new procedures can give limited application regarding full compliance with new BCAR regs.

• applies e.g. To exemptions from new procedures

Interpretation of BCAR Regs

after Article 3(5) the following:

“(6) (a) Notwithstanding the requirements arising at Articles 9, 20A, 20F and 21 in respect of the assignment of an Assigned Certifier and the lodgement of an Inspection Plan, in the case of the classes of buildings referred to at paragraph (b), for the period of the transitional arrangements set out at paragraph (c), these requirements may be fulfilled by the lodgement of such Inspection Plan, inspection records and certificates as may be deemed appropriate and necessary by the Oversight Group in order to demonstrate that compliance with the requirements of the Second Schedule to the Building Regulations has been achieved for the building or works concerned. •

Statutory Instrument S.I. No. 105 of 2014

after Article 3(5) the following105] 3

(b) The provisions at paragraph (a) may apply to the following categories of buildings— (i) buildings intended for use as places of first level, second level or third level education; (ii) buildings intended for use as hospitals and primary care centres. (c) The provisions at paragraph (a) shall only apply to buildings referred to at paragraph (b) where each of the following circumstances has been fulfilled— (i) planning permission, where applicable, has been obtained before 1 March 2014; :

Statutory Instrument S.I. No. 105 of 2014

2 Stakeholder Engagement

2 Stakeholder Engagement

Blank

– All professional and Industry bodies made formal Submissions to DoECLG in 2011

– Stakeholder/COP groups reconvened over the Summer until the end of the year to attempt to change, aspects of SI BCAR Regs (SI 80 -2013) & COP particularly re-wording of certificates

– Desire to embrace the system and effect meaningful difference without compromising member or consumer protection

– Need to moderate the adverse consequences of the earlier wording in 2013 BCAR regs

– Clock to implementation was ticking

– Now more clarification is evolving

COP working Group & Stakeholder committees

• Initially Complex (Legal Interpretations) & difficult practical implementation

• Considerable range of conflicting stakeholder expectations, demands and concerns

• Change can be intensely personal and political

• Required engagement , planning and commitment

• A ‘business as usual’ approach was not an option (new BCAR regs were required)

Current BCAR “Step-Change” Scene

Consultation & Registration

Building Control Act 2007 Registration of :

Architects Part 3 Building Surveyors Part 5

• (Charter Amendment) Act 1969

• Chartered Engineers on register pursuant to Section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969,

• Signed up to a code of practice/ethics

• PI Insurance is mandatory if offering a professional service

• Must have “specific” competences to Design, and/ or inspect and certify the types of works undertaken

.

• Competent Person (Definition)

• ..having regard to the task he or she is required to perform and taking account of the size and/or complexity of the project ..possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken”

Competence/Professionalism

FOR INSPECTING AND CERTIFYING BUILDING WORKS

Statutory Code of Practice

1) It is a statutory Code of Practice

2) Compliance with Code is prima facie evidence of compliance

3) Guidance on – Roles, Certification, Lodgement of Plans, Inspection etc.

Code of Practice

1) Proportional Measures-reasonable & appropriate measures

2) Early warning of non compliance

3) Risk based approach

4) Building owners, Designers & Builders responsible for notices

5) Reference to ancillary certification-person also includes a company

Code of Practice

1) Building owner includes a person who has commissioned or paid for the works and has legal entitlement to have such work carried out

2) Design includes preparation of plans, particulars, drawings, specifications calculations and other expressions of purpose (substitution)

3) Building Owner is ultimately responsible

4) Competent Builder included on CIRI register or equivalent

5) Adequate resources and competent persons

Code of Practice Definitions

• The Code of Practice (S 5.1) requires

• a) General arrangement drawings – plans, sections and elevations – prepared for building control purposes;

• b) schedule of such plans, calculations, specifications and particulars as are currently designed or as are to be prepared at a later date;

• c)the completion of an online assessment, via the Building Control Management System;

and

• (d) the Preliminary Inspection Plan at C/N lodgement stage followed by completed Inspection Plan at completion certification stage

BCMS Building Control Management System

4 Lodgements, Statutory Notices & Certificates

Commencement Stage

BCMS On Line Register Forms for Signing

Notices

Undertakings

Building Control (Amendment) Regulations

Key Documents

i3pt.ie

• Cloud storage of relevant particulars for real time information and Statutory Register

• The Completion Certification & associated material will be added to the Register when a valid Completion Notice has been entered

• The Form, populated with all information from Project Details entered, can now be downloaded for signature.

• Clicking on the appropriate Form.. downloads it and allows it to be printed for signature, scanned and then uploaded as required.

BCMS Building Control Management System

• Completed Commencement Notice for Development, signed by the Building owner

• 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

• A schedule of such plans, calculations, specifications and particulars as are currently designed or as are to be prepared at a later date

• An online assessment, via the Building Control Management System, of the proposed approach to compliance

Required documentation at Commencement Notice Stage

•

• The Preliminary Inspection Plan prepared by the Assigned Certifier,

• Certificate of Compliance (Design)

• Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier)

• Undertaking by Assigned Certifier) must be completed by the Assigned Certifier and submitted with the Commencement Notice.

• Notice of Assignment of Builder,

• Certificate of Compliance (Undertaking by Builder)

• the Assigned Certifier should not become just a certification coordinator or a repository of ancillary certificates alone and takes a meaningful role in assessing the aspects of the works that lie within his/her competence.

Required documentation

at Commencement Notice Stage

• On submission of completed certificates, plus revised documents, and final inspection plan & calculations It then takes 21 days (starting 1 day after submission) to place on register unless issues/problems with validity Can be extended by 7 days where additional information is sought

Completion Certificates

Part A – Certificate signed by Builder

3.“I certify, having exercised reasonable skill, care and diligence, that the building or works as completed has been constructed in accordance with the plans, specifications, … and such other documents relevant to compliance with the requirements of … the Building Regulations …”

4.“Reliant on the foregoing, I certify that the works are in compliance with the requirements of the Second Schedule to the Building Regulations insofar as they apply to the building or works concerned.”

Completion Certificate Part A

– Certificate signed by Assigned Certifier

7. “I now confirm that the inspection plan, drawn up having regard to the Code of Practice for Inspecting and Certifying Buildings and Works, or equivalent, has been undertaken by the undersigned having exercised reasonable skill, care and diligence, and by others nominated therein, as appropriate, on the basis that all have exercised reasonable skill, care and diligence in certifying their work in the ancillary certificates scheduled.

8. “Based on the above, and relying on the ancillary certificates scheduled, I now certify, having exercised reasonable skill, care and diligence, that the building or works is in compliance with the requirements of the Second Schedule of the Building Regulations, insofar as they apply to the building or works concerned.”

Completion Certificate Part B

3 Responsibilities of various parties in BCAR

1 Owner: has primary & legal responsibility for building (leverage in relation to accountability & responsibility) 2 Builder: appointed to build and supervise the works 3 Designer responsible for designs works, compiles plans and specifications, inspects where appropriate etc 4 Assigned Certifier: implements inspection plan follows up and jointly certifies (may also be No3) 5 Ancillary Certifiers: e.g. specialist designers / Subcontractors etc 6 Building Control Authority: maintains Register, process validation, risk assessed inspections

Key Players responsibilities

Principal/Design Certifier:

•Responsible for designing and preparing plans and specifications (General Arrangement Drawings, Drawing Schedules etc ) prior to Commencement Notice requirements, and updating for completion . •Co-ordinates design & may carry out inspections for their designed works as required in the Inspection Plan •Designer becomes an ancillary certifier after the commencement stage

Design Certifier:

They must perform their role as set out in the Code of Practice for Inspecting and Certifying Buildings and Works. Although the Design Certificate is required to be submitted with the Commencement Notice, the role of the Design Certifier does not end at that point as they are responsible for completing the submission of ancillary certification for elements that are not

designed at commencement stage. The scope of services for Design Certifier should note that the Design Certifier is required to provide a Design Certificate and is required to co-ordinate any ancillary certificates scheduled in the Commencement Notice.

Assigned Certifier Role Is

Assigned by the Building Owner to inspect & coordinate Provides and signs the relevant statutory certificates Coordinates ancillary certificates Identifies all certificates , tests etc Acts as a single point of contact with LA BCA during construction Seeks advice of BCA re disputes or differences Maintains records of inspection

•.

Assigned Certifier Role Is

Assigned certifier needs to be appointed prior to tendering process Assigned certifier needs to have preliminary key information prior to tendering •Not A ‘clerk of works’ or Resident Engineer service, monitoring every stage of the construction process on site. Focus on Key stages listed in Inspection plan & INF • Ultimately, compliance is the responsibility of the person carrying out the works. •Responsibilities & risks however are shared •.

• Primary point of contact with L.A BCA • Performs significant Project Management role

regarding Inspection Plan/INF /Scheduling, and a general auditor role

• Needs to negotiate and agree inspection plan and INF (Inspection Notification Framework )

• Increased discipline and demand to document and record process, particularly inspection

• Sole person who can lodge updates/changes on line after initial design & declarations

• Important not to overly rely on Insurance as a crutch (Personal liability & Run off cover)

Assigned Certifier

• Factors influencing the inspection plan • Type of work & complexity of method of construction • Recent experience with construction type • Consequences of potential failure • Impracticality of opening up work completed • Speed of Construction • Fire Safety risk categories • Scheduled and unannounced inspections required • Inspection Notification Framework • Prepared in conjunction with Inspection Plan • Before commencement of work on site • Each certifier & testing agency should respond

appropriately

Inspection Plan & INF

• Records of each inspection should be maintained by

the person and firm responsible including the results of any inspection and remedial actions undertaken and when carried out.

Records of Inspection

Builders Registration initially voluntary scheme,

Constructs in accordance with the plans and specifications –”Reliant on the plans and specifications” (Squaring the Circle)

Constructs in accordance with the Building regulations

Co-operates with the Assigned Certifier regarding implementation of the site inspection plan

Ensures that any design carried out by them or their sub-contractors is certified and available to assigned certifier. (P.I.?)

Needs to ensure competence of employees and

specialist contractors/sub contractors for designated specialist

categories of operation.

During Construction BUILDER

Company or sole trader

Familiarise themselves with the drawings etc

Ensure a competent person to oversee and supervise the works

Ensure workmanship complies with Building regulations

Ensure the materials that they select and for which they are responsible complies with the Building regs

Coordination and provision of test certificates and confirmation to the assigned certifier

Typically contractors who tender for Design-Build contracts will have PII cover and this would include most, if not all, of the large construction, mechanical and electrical contractors

Maintain records (6 years)

During Construction BUILDER

BUILDING CONTROL Amendment Regulations (2014)

5 CIRI Register

• • Construction Industry Registration Board

• Established and operated by CIF

• • Complaints and Appeals Committee

• • Executive and Administration Office

• Builders included on the CIRI Construction Industry Register Ireland or equivalent may be regarded as competent for projects consistent with their registration profile

• (Owner still needs to evaluate )

• Voluntary to begin with.

• • Construction Industry Registration Board

• Established and operated by CIF

• • Complaints and Appeals Committee

• • Executive and Administration Office

• Builders included on the CIRI Construction Industry Register Ireland or equivalent may be regarded as competent for projects consistent with their registration profile

• (Owner still needs to evaluate )

• Designed for all construction practitioners including:

• – Main contractors and builders who deliver overall projects

• – Specialist contractors and sub contractors who deliver overall projects and/ or elements of projects

• – Other trades who may be engaged by other contractors, sub contractors or by domestic clients

• Annual registration required

CIRI Register

• Practical experience of working in construction, generally for a period of no less than 3 years

• • Knowledge/ understanding of the legislative and regulatory context in which construction is practiced

• • Delivery of construction services/ construction management experience

• • Adherence to Code of Ethics and Member Obligations applicable

• • Commitment to CPD /ongoing training and development

• • An acceptable record which demonstrates compliance with regulatory requirements pertinent to the industry.

• • Adequate insurances are maintained

Entry to the Register

• • Only undertake works that they are competent to undertake

• • Ensure that any persons employed or engaged will be competent to undertake the works for which they are engaged

• • Undertake construction works in accordance with any plans and specifications issued for such works

• • Cooperate with any inspection programmes in place

• • Where appropriate Certify that the works are in compliance with the requirements of the building regulations

• • Notify the CIRB of any enforcement convictions under the Building Control Act within 20 working days.

Quality Assurance Checks

• • Makes formal decisions on applications for registration

• • Chairperson and 10 members who have relevant knowledge of the construction industry

• • Chairperson appointed by President of CIF in Consultation with Minister for the Environment Community and Local Government

Construction Industry Registration Board

• • 1 representative nominated by the DoECLG

• • 1 representative nominated by the OPW

• • 1 representative nominated by the DoJEI

• • 1 representative from a relevant 3rd level educational institution nominated by the Minister for Education

• • 1 representative nominated by the Housing Agency to represent consumers

• • 5 representatives nominated by the CIF, of which at least 2 shall be members of a construction professional body who shall not be

• employees of a registered member of CIRI.

CIRI Board- 10 Members

BUILDING CONTROL Amendment

Regulations (2014)

6 Building Control Authority

Local Authority BCA

• Cinderella function regarding career structure & staffing (apart perhaps from Fire Safety Services) •The COP suggested inspection Guidelines •Validation by Building Control Authorities (does not mean approval) •“TARGET” levels of 12 to 15% of new buildings with Key inspections (COP) (previously with many buildings subject to just one inspection) (passive or active commitment?) •BCA reorganisation to allow for most efficient regional response to “policing” system-

Local Authority BCA

• Combination of risk based and random selection inspections •Formal policies of inspection •Checking that certificate was properly completed and signed by the appropriate persons •Checking that there are no unresolved matters re requests under section 11 or enforcement notices or conditions re fire safety certificates •Retain documents accompanying the certification of compliance on BCMS

• The COP suggested inspection Guideline “(previously with many buildings subject to just one inspection)

• BCA has power (but not requirement) to check and assess documents lodged with commencement notice

• Off line applications facilitated but charged for

• Fire cert applications will not be available (initially) on-line

Building Control Authority

• Responsible for ensuring compliance with the building regulations.

• Typical checks – documents received (not

• scrutinised),

• Inspects works in progress (Risk based)

• Serves enforcement notices for non-compliance;

• May institute legal proceedings for breaches of regulatory requirements;

Local Authority Building Control Authorities

• Online Building Control and management system

overlapping with Planning System •As the commencement date in March) more focus on (FRONT END) on validation (more of an administration process) than (BACK END) technical auditing of performance on the ground • Risk profiling of inspection workload how will it work?

Local authorities BCA

7 Issues for consideration

BUILDING CONTROL Amendment Regulations (2014)

• Contract documentation under review

• Testing needs to be specified in tender contract

documentation

• Conditions of engagement will be important

• Unless LA BCO oversight is adequate the Assigned certifiers may be isolated and exposed to more “commercial pressures”

• Inspection Pro-formas will be vital

• No statutory definition of a builder (until statutory registration process)

• While the main contractor may be screened- what happens with (primary/Other subcontractors?)

• PII not mandatory in legislation but crucial for key certifiers

Issues in the BCA system

• While mandatory certificates are prescriptive, Ancillary Certificates are evolving and need special attention by all particularly AC and Builder

. Designers role will change from Designer to Ancillary certifiers during a project (after CN stage)

• Alignment of certificate wording is important and should have “general” consistency in wording and align with primary certificates (I and We)

• Some Ancillary certificates will be signed by individuals and others “Stamped”on behalf of companies/practices

• Personal/company liability?

• Lead Design certificates should be signed?

Certificates

• Training & Information for members required

• Need for CPD updates

• Ancillary Certificates – More guidance; & Common Multi-disciplinary Professional templates (working group)

• Consolidated Regs (Draft DoECLG) required

• Impact on small works e.g. direct labour only, small fit- outs

Issues for consideration

Elephant in the room =Contractual & Civil Liability fears

• The best is the enemy of the good. –Voltaire

(especially if it is not on offer)

Not a Panacea No magic wand

Devil is in the detail

Balanced? Best fit on offer to ensure some progress?

God grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference. Rheinhold Niebuhr

BC Amended Regulations

• “We are made wise not by the recollection of our past, but by the responsibility for our future.”

• Therefore we need to move forward and make the system work and put the legacy failures behind us

(George Bernard Shaw quote

• Background & Context

• 2 Consultation Process

• 3 Amended Regulations/COP

• 4 Lodgements & Roles of key Players

• 4 Issues for consideration

Summary

Thank You Questions?

Disclaimer This information is for training purposes only.

It does not constitute legal or professional advice.