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Building Control (Amendment) Regulations SI. 365 of 2015

On 1st of September 2015, the Department of the Environment, Community and Local Government released Building Control (Amendment) Regulations SI. 365 of 2015 , An Information Note for owners of new dwellings and extensions from Minister Paudie Coffey  confirms that you the home owner  can now opt out of Building Control (Amendment) Regulation S.I.9 2014 which mean that you no longer need to go through the process of having a Design Certifier and An Assign Certifier. It is also now possible to move into the property before the house has been fully completed.

3. Declaration of Intention to Opt Out of Statutory Certification

3.1 The Building Control Regulations 1997 to 2015 were recently revised to allow the owners of a single dwelling, on a single development unit, or a proposed domestic extension, to opt out of the general requirement to have the dwelling/extension designed, inspected and certified by a registered construction professional.   

The differences between the statutory certification process and the alternative process now available to owners of single dwellings and domestic extensions is summarised in the following table:-

Table 1 - Comparison of requirements relating to Statutory Certification of Compliance for Building Control purposes and the Alternative Process for Owners who opt out of Statutory Certification    


Statutory Certification of compliance for
Building Control purposes

Alternative Process for Owners Opting Out of requirements for Statutory Certification

Commencement Notice

Commencement Notice


Declaration of  Intention to Opt Out of Statutory Certification

Compliance Documentation (plans, calculations, specifications, etc.) which include (i) general arrangement drawings, (ii) a schedule of compliance documents as currently designed or to be prepared at a later date, (iii) online assessment on the BCMS, (iv) Preliminary Inspection Plan prepared by the Assigned Certifier

Compliance Documentation (plans, calculations, specifications, etc.) and to include (i) general arrangement drawings, (ii) a schedule of compliance documents as currently designed or to be prepared at a later date, (iii) online assessment on the BCMS  

Design Cert signed by a registered construction professional


Notice of assignment of Assigned Certifier.  


Undertaking by Assigned Certifier

 

Notice of Assignment of Builder

Notice of Assignment of Builder

Undertaking by Builder


Completion Cert signed by builder (Part A) and by registered construction professional (Part B) and accompanied by up-to-date schedule of compliance documents and the inspection plan as implemented.


3.2 A homeowner who wishes to avail of this facility must sign a form of “Declaration of Intention to Opt Out of Statutory Certification” which may be obtained online via the BCMS or from the local building control authority.  This form must accompany the documents submitted to the building control authority when notifying them that works are about to commence which will include the following:-  

(a)  a Commencement Notice and the relevant fee of €30 per building; (b) a Declaration of Intention to opt out of Statutory Certification, signed by the building owner;   (c)  such plans, calculations, specifications and particulars as are necessary to outline how the proposed dwelling house or domestic extension will comply with the relevant requirements of the Second Schedule to the Building Regulations; These will typically include - (i)  general arrangement drawings,  (ii)  a schedule of compliance documents, as designed or to be prepared at a later date, (iii)  the BCMS assessment of the proposed approach to compliance, normally completed online,  (d) a Notice of Assignment of Builder, signed by the owner.

Information Note for Owners of new dwellings and extensions  who opt out of Statutory Certification for building control purposes

Declaration of Intention to Opt Out of Statutory Certification


Please note: It is not our recommendation that you opt out of BCAR S.I.9 of 2014 and you should always consider advice on all parts of your project from relevant professionals. If you can afford it, this is the route that should be taken.

BCAR 365 of 2015 is an optional extra for self builders who are confident in their own ability to oversee every aspect of the build..

Please do not forget the Self Build Insurance.

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Fingal Insurance Group DAC is Regulated by The Central Bank of Ireland

Self Build Direct is the leading insurance policy offering protection to individuals building or extending their homes.

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