Building Regulations and Ancillary Certificates

Building Regulations and Building Control

The design and construction of buildings is regulated under the Building Control Acts 1990 to 2014 which provide for the making of Building Regulations and Building Control Regulations. The Building Regulations 1997-2017, set out in 12 parts (classified as Parts A to M), provide for health, safety, welfare and accessibility of people in and around sustainable buildings. Technical Guidance Documents show how the requirements of the Building Regulations can be achieved in practice.

The Building Control Regulations 1997-2015 require owners, builders, and registered construction professionals (Chartered Engineers etc.) to demonstrate through the statutory Building Control Management System (BCMS) that the works or building have been designed and constructed in compliance with Building Regulations. The Building Control (Amendment) Regulations 2014 (S.I. No.9 of 2014), set out the roles of Design Certifier and Assigned Certifier which can only be carried out by competent qualified professionals, such as Chartered Engineers.

All new buildings and existing buildings which undergo an extension, a material alteration or a material change of use must be designed and constructed in compliance with the Building Regulations. The Regulations require the submission to the Building Control Authority (BCA), via the online BCMS, of statutory notices of commencement and completion accompanied by certification of design and construction, lodgement of compliance documentation, proposed inspections regimes and evidence of inspections during the construction phase and validation and registration of certificates.

The Assigned Certifier is appointed by the Building Owner to develop an inspection plan, coordinate inspections in tandem with other members of the professional design team and certify the compliance of the building or works with the building regulations by way of collating certification, inspection records and the submission of appropriate documentation to show compliance upon completion.

The final ‘Certificate of Compliance on Completion’ is signed by both the Assigned Certifier and the Builder.Their role is set out in the supporting Code of Practice. Professionals acting as Assigned Certifiers are bound by the Code of Ethics and professional best practice.

Ancillary Certificates

A suite of Ancillary Certificates has been developed in response to the Building Control (Amendment) Regulations, BC(A)R, published as S.I. No.9 and S.I. No.105, both of 2014 and complemented by the associated Code of Practice for Inspecting and Certifying Buildings and Work which is available from the Department of Housing, Planning, Community and Local Government web site.

The Ancillary Certificates are required to be signed off by a Principal or Director of the company employing the individual who prepared the Ancillary Certificate. The selection of the person who signs off on the Ancillary Certificate is a matter for the company concerned in compliance with their own Professional Indemnity Insurance.

While these are not statutory documents, it is the recommendation of all three organisations that the wording and format of this suite of documents are not changed for individual project use. Milestone reviews of all the documentation generated by S.I. No.9 may initiate a review of the Ancillary Certificates at an agreed date in the future.