Current legislation governing building control has been in force since 1998 and applies to new buildings, extensions, material alterations and changes of use of buildings.

Recently published draft amending legislation aims to provide for:

• The appointment by the owner of the building of an assigned professional, such as registered architects, or chartered engineers, accepting legal liability for inspecting and certifying at completion stage that the works or building complies with the Regulations
• Introduction of mandatory certificates of compliance to be signed by designers prior to, and on completion of building works
• The lodgement, at the commencement and on completion of works, of documentation, including drawings, plans, calculations and specifications demonstrating that the designs are neither defective nor contravene the requirements of the legislation
• Ancillary amendments to existing legislation and prescribed forms, such as commencement notices and 7 day notices, necessitated by the introduction of these requirements. Features include noting professional indemnity insurance and being signed by owners

The new draft legislation therefore highlights the role of architects, engineers, and builders via the certificates of compliance as part of the overall building control regulatory regime. Building control authorities will also be required to enter on the registrar of building control activities, details of certificates of compliance and certifier details.

Whilst welcoming increased focus on care and safety in the industry, construction bodies have indicated some concerns that the certification process will impose increased responsibilities on and potential liabilities for certifiers and owners. They note that it is likely to also potentially increase the cost of completing projects and obtaining insurance cover once implemented.

Failure to comply with the legislation will lead to fines and/or imprisonment. It is intended that the new legislation will come into effect in late 2012.

Contributed by Jarleth Heneghan and Cassandra Byrne.

Back to Legal News