IE
S.I. No. 351/2009 - Building Control (Amendment) Regulations 2009
Table of Provisions (27)
Statutory Text (27 Articles)
1. The maximum fee payable to a building control authority shall be—
(
a
) €3,800 in respect of the submission of a commencement notice,
(
b
) €12,500 in respect of an application for a fire safety certificate or a revised fire safety certificate,
(
c
) €25,000 in respect of the submission of a 7 day notice,
(
d
) €50,000 in respect of an application for a regularisation certificate, and
(
e
) €800 in respect of an application for a disability access certificate or a revised disability access certificate.
2. Where a building control authority makes a refund in respect of the submission of a commencement notice or an application for a fire safety certificate or a revised fire safety certificate, the submission of a 7 day notice, a regularisation certificate, a disability access certificate or a revised disability access certificate, the refund shall not be such as to reduce the balance of the fee to less than-
(
a
) €30 in the case of a commencement notice, or
(
b
) €125 in respect of an application for a fire safety certificate or revised fire safety certificate,
(
c
) €250 in respect of the submission of a 7 day notice,
(
d
) €500 in respect of a regularisation certificate,
(
e
) €800 in respect of a disability access certificate or a revised disability access certificate.”.
GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government,
this 4th day of September 2009
JOHN GORMLEY, T.D.,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The Building Control (Amendment) Regulations prescribe the giving of a 7 day notice in respect of commencement of certain building works; the statutory declaration for such notice; the need to obtain a regularisation certificate (with statutory declaration), a revised fire safety certificate or a disability access certificate/revised disability access certificate in respect of certain works and the fees for such applications.
The Regulations amend certain provisions of the Building Control Regulations, 1997.
3. Name and address of person/s or firm/s responsible for preparation of accompanying plans, calculations and specifications
4. Address (or other necessary identification) of the proposed works or building to which the application relates
5. Description of changes to the proposed works or building from original application
6. Site area
Original Application
Revised Application
Number of basement storeys
(sq. metres)
(sq. metres)
Number of storeys above ground level
Height of top floor above ground level
(metres)
(metres)
Floor area of building
(sq. metres)
(sq. metres)
Total area of ground floor
(sq. metres)
(sq. metres)
7. Amount of Fee (accompanying this application) €
Revised set of working drawings must accompany this application.
”.
Amendment of the Fourth Schedule to the Principal Regulations.
8. In the case of
(a) Works involving the construction of a building, or a building the material use of which is being changed —
Site area
(sq. metres)
Number of basement storeys
Number of storeys above ground level
Height of top floor above ground level
(metres)
Floor area of building
(sq. metres)
Total area of ground floor
(sq. metres)
(b) Works involving an extension or the material alteration of a building
Floor area of building extension
(sq. metres)
Floor area of material alteration
(sq. metres)
9. Amount of Fee (accompanying this application) €
This Application Form must be accompanied by a complete and certified set of drawings for the works or building.
Article 20E(2)
FORM OF APPLICATION FOR A REVISED DISABILITY ACCESS CERTIFICATE
Building Control Acts 1990 and 2007
Application for a Revised Disability Access Certificate
OFFICIAL USE
Building Control Authority
Date Received
Register Ref.
Entered on
Entered by
Fee Received
Application is hereby made under Part IIIB of the Building Control Regulations 1997 to 2009 for a Revised Disability Access Certificate in respect of proposed works or building to which the accompanying plans, calculations and specifications apply.
Original Disability Access Certificate application Reference No.
Reason for Revised Disability Access Certificate application
Planning Permission Reference No.
10. Amount of Fee (accompanying this application) €
Note:—
11. Article 22 of the Principal Regulations is amended by inserting the following after article 22 (2)
“(3) A fee shall not be payable to a building control authority under these Regulations where the works or the building which are or is the subject of an application for a disability access certificate or a revised disability access certificate are being carried out, or, in the case of a material change of use, is being made, by or on behalf of a primary school, where the maximum number of mainstream teachers employed is or will be 4 or less.”.
Requirement to pay fees.
12. (1) Article 23(1)(
b
) of the Principal Regulations is amended by inserting “a revised fire safety certificate, a regularisation certificate, a disability access certificate, a revised disability access certificate or the submission of a 7 day notice,” after “fire safety certificate,”.
(2) Article 23(2)(
a
) of the Principal Regulations is amended by inserting “a revised fire safety certificate, a regularisation certificate, a disability access certificate, a revised disability access certificate,” after “fire safety certificate,”.
(3) Article 23(3)(
b
) of the Principal Regulations is amended by inserting “a revised fire safety certificate, a regularisation certificate, a disability access certificate, a revised disability access certificate or a 7 day notice, ” after “fire safety certificate,”.
Standard fee.
13. Article 24(1)(
b
) of the Principal Regulations is amended by inserting “a revised fire safety certificate, a regularisation certificate, a disability access certificate, a revised disability access certificate or the submission of a 7 day notice,” after “fire safety certificate,”.
Fee for alternative proposals.
14. Article 25 of the Principal Regulations is amended by substituting the following for paragraph (3):—
“Where an application for a fire safety certificate, a revised fire safety certificate, a regularisation certificate, a disability access certificate, a revised disability access certificate or the submission of a 7 day notice includes alternative proposals for works or a building of materially different designs, the fee payable in respect of the application shall be calculated as if each alternative proposal were a separate application or a separate 7 day notice.”.
Refund of fee in case of certain repeat applications.
15. (1) Article 26(2)(
a
) of the Principal Regulations is amended by inserting “a revised fire safety certificate, a regularisation certificate, a disability access certificate, a revised disability access certificate or the submission of a 7 day notice,” after “fire safety certificate,”.
(2) Article 26(2)(
b
) of the Principal Regulations is amended by inserting “, a revised fire safety certificate, a regularisation certificate, a disability access certificate or a revised disability access certificate” after “fire safety certificate”.
(3) Article 26(3)(
a
) of the Principal Regulations is amended by inserting “, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate or the submission of a 7 day notice” after “fire safety certificate”.
(4) Article 26(3)(
b
) of the Principal Regulations is amended by inserting “, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate or submission of a 7 day notice” after “fire safety certificate,”.
(5) Article 26(3)(
c
) of the Principal Regulations is amended by inserting “revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate or submission of a 7 day notice,” after “fire safety certificate,”.
(6) Article 26(3)(
e
) of the Principal Regulations is amended by inserting “, a revised fire safety certificate, a regularisation certificate, a disability access certificate, a revised disability access certificate or the submission of a 7 day notice” after “fire safety certificate”.
(7) Article 26(4) of the Principal Regulations is amended by inserting “, revised fire safety certificate, a regularisation certificate, disability access certificate, revised disability access certificate or submission of a 7 day notice” after “fire safety certificate”.
Documents, information etc in relation to appeal.
16. Article 30(1)(
d
) of the Principal Regulations is amended by inserting
(i) “, section 7(1)(
d
) or section 7(1)(
e
)” after “section 7(1)(
b
)”and
(ii) “or Part M” after “Part B”.
Matters to be considered when determining an appeal.
17. Article 39 of the Principal Regulations is amended by inserting “, section 7(1)(
d
) or section 7(1)(
e
)” after “section 7(1)(
b
)”
Amendment of Article 39 of the Principal Regulations.
18. Article 39(
a
) of the Principal Regulations is amended by inserting “or Part M” after “Part B”.
Amendment of Article 42 of the Principal Regulations.
19. The Principal Regulations are amended by substituting the following for Article 42:—
“Issue of fire safety certificate, revised fire safety certificate, regularisation certificate, disability access certificate or revised disability access certificate.
20. The following article is inserted after article 42 of the Principal Regulations (as amended by these Regulations)
“Prohibition on opening, operation or occupation of buildings.
21. The following is substituted for the Second Schedule to the Principal Regulations
“Article 9
SECOND SCHEDULE
FORM OF COMMENCEMENT NOTICE FOR DEVELOPMENT
(Notice to a Building Control Authority pursuant to Part II of the Building Control Regulations 1997 to 2009)
OFFICIAL USE
Building Control Authority
Date Received
__________________
Register Ref.
Entered on
Entered by
Fee Received
1.
I, the undersigned, hereby give notice/give notice on behalf of the person(s) named below *(
at question 4
) to the above Building Control Authority (in accordance with Part II of the Building Control Regulations 1997 to 2009) that I/the persons named below* (
at question 4
) intend to carry out the development as described below.
(*
Delete whichever is inappropriate
)
Signature: Date
Tel:___________________ Fax
Name of person(s)
Address
Commencement date (of works): ________ Fee payable (€)
2a. PROJECT PARTICULARS
(In addition, for Residential Developments, please complete Section 2b below)
Description of proposed development
Planning Permission No.: __________ Date Granted
Date of expiry: _______________
Fire Safety Certificate No. (
if applicable
)
Disability Access Certificate No. (
if applicable
)
Location of development
2b. Residential Development Information
Total no. of dwelling units (all phases*): Total no. of phases*
Phase for this commencement notice
No. of units for this phase/commencement notice**
Commencement date for this phase
(Proposed) End-date for this phase
*Where applicable, i.e. phasing not relevant for single houses. **Include single house figure here also.
22. The following is inserted in the Third Schedule to the Principal Regulations after the form set out therein entitled Form of Application for a Fire Safety Certificate
Article 20A(2)
“FORM OF 7 DAY NOTICE
Building Control Acts 1990 and 2007
7 Day Notice
OFFICIAL USE
Building Control Authority
Date Received
Register Ref.
Entered on
Entered by
Fee Received
1.
I, the undersigned, hereby give 7 days notice in advance of commencement of work on behalf of the person(
s
) named below *(
at question 4
) to the above Building Control Authority (in accordance with Part III A of the Building Control Regulations 1997 to 2009) that I / the person(
s
) named below *(
at question 4
) intend to carry out the development as described below.
(*
Delete whichever is inappropriate
)
Signature: Date
Tel: Fax
Name of person(
s
Address
Commencement date (of works): Fee payable (€)
23. The following is inserted in the Fourth Schedule to the Principal Regulations after the form set out therein entitled Fire Safety Certificate
“Article 20B(6)
FORM OF REVISED FIRE SAFETY CERTIFICATE
Building Control Acts 1990 and 2007
Revised Fire Safety Certificate
OFFICIAL USE
Building Control Authority
Register Ref.
To.(Applicant)Address Application for a Revised Fire Safety Certificate (Ref. No. ) for: *(1) *(2) *(3)
hereby certify that the works or building to which the application relates, will, if constructed in accordance with the plans, calculations, specifications and particulars submitted, comply with the requirements of Part B of the Second Schedule to the Building Regulations 1997 to 2008. In considering this application no assessment has been made to whether the works or building will comply with the other requirements of the Second Schedule to the Building Regulations 1997 to 2008. This certificate is granted subject to the following conditions—
Dated this day of 20 Signed Senior Executive Officer / Town Clerk *(4)
Directions for completing this form:—(1) Indicate nature of works or building to which the application applies. (2) Indicate address of works or building.(3) Indicate name of Building Control Authority. (4) Delete words which do not apply.
Article 20C(7)
FORM OF REGULARISATION CERTIFICATE
Building Control Acts 1990 and 2007
Regularisation Certificate
OFFICIAL USE
Building Control Authority
Register Ref.
To.(Applicant)Address Application for a Regularisation Certificate (Ref. No. ) for: *(1) *(2) *(3)
hereby certify that in its opinion, the works as constructed in accordance with plans, documents and information submitted, comply with the requirements of Part B of the Second Schedule to the Building Regulations 1997 to 2008. In considering the application, no assessment has been made as to whether the works or building will comply or is in compliance, as appropriate, with the other requirements of the Second Schedule to the Building Regulations 1997 to 2008. This certificate is granted subject to compliance with the following conditions: (if appropriate)
Dated this day of 20 Signed Senior Executive Officer / Town Clerk *(4)
Directions for completing this form:—(1) Indicate nature of works or building to which the application applies. (2) Indicate address of works or building.(3) Indicate name of Building Control Authority. (4) Delete words which do not apply.
Article 20D(8)
FORM OF DISABILITY ACCESS CERTIFICATE
Building Control Acts 1990 and 2007
Disability Access Certificate
OFFICIAL USE
Building Control Authority
Register Ref.
To.(Applicant)Address Application for a Disability Access Certificate (Ref. No. ) for: *(1) *(2) *(3)
hereby certify that the works or building to which the application relates, if constructed in accordance with the plans, calculations, specifications and particulars submitted, would comply with the requirements of Part M of the Second Schedule to the Building Regulations 1997 to 2008. In considering this application no assessment has been made as to whether the works or building would comply with the other requirements of the Second Schedule to the Building Regulations 1997 to 2008. This certificate is granted subject to the following conditions –
Dated this day of 20 Signed Senior Executive Officer / Town Clerk *(4)
Directions for completing this form:—(1) Indicate nature of works or building to which the application applies. (2) Indicate address of works or building.(3) Indicate name of Building Control Authority. (4) Delete words which do not apply.
Article 20E(5)
FORM OF REVISED DISABILITY ACCESS CERTIFICATE
Building Control Acts 1990 and 2007
Revised Disability Access Certificate
OFFICIAL USE
Building Control Authority
Register Ref.
To(Applicant)Address Application for a Revised Disability Access Certificate (Ref. No. ) for: *(1) *(2) *(3)
hereby certify that the works or building to which the application relates, if constructed in accordance with the plans, calculations, specifications and particulars submitted, would comply with the requirements of Part M of the Second Schedule to the Building Regulations 1997 to 2008. In considering this application no assessment has been made as to whether the works or building would comply with the other requirements of the Second Schedule to the Building Regulations 1997 to 2008. This certificate is granted subject to the following conditions—
Dated this day of 20 Signed Senior Executive Officer / Town Clerk *(4)
Directions for completing this form:—(1) Indicate nature of works or building to which the application applies. (2) Indicate address of works or building.(3) Indicate name of Building Control Authority. (4) Delete words which do not apply.
”.
Amendment of the Fifth Schedule to the Principal Regulations.
24. The following is substituted for the Fifth Schedule to the Principal Regulations
Article 24
“FIFTH SCHEDULE
Fees
Part A
Column 1
Column 2
Application for a relaxation or dispensation
Dwelling €125 Other Buildings €250
Commencement Notice
€30 or, where—(a)the proposed works or the material change of use (as the case may be) relate to more than one building, and(b)neither Part III, nor Part III of the Building Control Regulations 1991 and 1994, apply to such works or buildings,€30 in respect of each building.
Application for Fire Safety Certificate or a revised Fire Safety Certificate in respect of
(a)work in connection with the construction or extension of a building (b)work in connection with— (i) the material alteration of the interior of a building(ii) the material alteration of the external surfaces of a building(iii) a combination of (i) and (ii) above(c)a building in which a material change of use takes place(d)works or a building, where the building concerned will be used as an agricultural building
€125, or €2.90 for each square metre of floor area being provided, whichever is the greater.€125, or €2.90 for each square metre of relevant floor area, whichever is the greater.€125€125, or €2.90 for each square metre of relevant floor area, whichever is the greater.€125, or €2.90 for each square metre of relevant floor area, whichever is the greater.€65, or 80c for each square metre in excess of 300 square metres of— (i) gross floor area being provided, or (ii) relevant floor areaas the case may be, whichever is the greater.
Submission of a 7 Day Notice in respect of
(a)work in connection with the construction or extension of a building(b)work in connection with— (i) the material alteration of the interior of a building(ii) the material alteration of the external surfaces of a building(iii) a combination of (i) and (ii) above(c)a building in which a material change of use takes place(d)works or a building, where the building concerned will be used as an agricultural building
Application for a Regularisation Certificate in respect of
(a)work in connection with the construction or extension of a building(b)work in connection with— (i) the material alteration of the interior of a building(ii) the material alteration of the external surfaces of a building(iii) a combination of (i) and (ii) above(c)a building in which a material change of use takes place(d)works or a building, where the building concerned will be used as an agricultural building
€250, or €5.80 for each square metre of floor area being provided, whichever is the greater. €250, or €5.80 for each square metre of relevant floor area, whichever is the greater.€250 €250, or €5.80 for each square metre of relevant floor area, whichever is the greater.€250, or €5.80 for each square metre of relevant floor area, whichever is the greater.€130, or €1.60 for each square metre in excess of 300 square metres of— (i) gross floor area being provided, or (ii) relevant floor areaas the case may be, whichever is the greater.€500, or €11.60 for each square metre of floor area being provided, whichever is the greater.€500, or €11.60 for each square metre of relevant floor area, whichever is the greater.€500€500, or €11.60 for each square metre of relevant floor area, whichever is the greater.€500, or €11.60 for each square metre of relevant floor area, whichever is the greater.€260, or €3.20 for each square metre in excess of 300 square metres of— (i) gross floor area being provided, or (ii) relevant floor areaas the case may be, whichever is the greater.
Disability Access Certificate or Revised Disability Access Certificate
€800 per building
Appeal
€250
Copy of a document specified in article 23(3)(a), (b) or (c)
€12.50
PART B Maximum and Minimum Fees
42. Where a building control authority is notified by the Board of its decision to allow an appeal under section 7(1)(
b
), section 7(1)(
d
) or section 7(1)(
e
) of the Act, the authority shall, as soon as may be, issue a fire safety certificate, a revised fire safety certificate, a regularisation certificate, a disability access certificate or a revised disability access certificate, as appropriate, to the appellant in accordance with the decision of the Board.”.
Insertion of Article 43 to the Principal Regulations.
43. (2) It is declared that an offence contrary to article 43(1) of these Regulations is an offence to which section 17(2) of the Act applies.”.
Amendment of the Second Schedule to the Principal Regulations.
S.I. No. 351 of 2009
BUILDING CONTROL (AMENDMENT) REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
11
th September
, 2009.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by
section 6
of the
Building Control Act 1990
(No. 3 of 1990) (as amended by
section 5
of the
Building Control Act 2007
(No. 21 of 2007),
section 7
of the
Building Control Act 1990
(as amended by
section 6
of the
Building Control Act 2007
(No. 21 of 2007)) and
section 18
of the
Building Control Act 1990
(No. 3 of 1990) (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 (
S.I. No. 233 of 2003
)) hereby makes the following Regulations—
Citation.