Certifiers to keep records of all materials used on sites under Building Control (Amendment) Regulation SI.9
by Bregs Blog admin team
Regulations introduced last year in July 1st 2013 means that all products specified on Irish construction projects must comply with Construction Products Regulation 2013 (CPR2013) which supercedes the earlier Construction Products Directive (CPD). All products will now need to have CE mark (previously voluntary, but now mandatory) and also a Declaration of Performance (DoP). Part D of the building Regulations has been revised to incorporate this requirement (Materials and Workmanship) so it is now part of the building regulations.
Link to Regulatory Impact Assessment (RIA) 2013 here: ria 2013 part D and CPR 2013
The government has stated for CPR2013 “…enforcement of the Building Regulations is primarily the responsibility of the 37 local Building Control Authorities, each of which has a designated Building Control Officer. Responsibility for compliance with the Building Regulations is primarily a matter for the owner and builder of a building…” (p7/8 RIA 2013)
However as a result of its inclusion in Part D of the Building Regulations it would appear demonstration of compliance with CPR2013 will rest with the new professional certifiers in the SI.9 self-certification process. These roles have little or no control over the supply chain of materials and products in the procurement process. Worryingly enforcement is separate and still rests with the BCA. It will be a considerable undertaking for persons not directly involved in the procurement of materials to effectively and accurately maintain records with this significant, and required, level of detail.
Market surveillance, compliance with Part D, assembly of this very onerous level of documentation and submission to the local authority (BCA) to demonstrate compliance with the building regulations is a significant additional duty for the certifiers; the professionals assigned to the roles of guaranteeing compliance with the building regulations under SI.9. The government indicates: “…This should not have any significant impact on design and supervision fees... ” (RIA p7).
The lack of clarity on this and possible conflicts during the procurement process should be of concern to all involved. The very onerous level of paperwork required to demonstrate compliance of ALL products used on site under the new revised Part D will further impact on industry costs and costs to the consumer.
Revised Part D here: part d building regulations
Department of the Environment Link:
http://www.environ.ie/en/DevelopmentHousing/BuildingStandards/ConstructionProductsRegulationCPR/
BRegs Blog 
[…] up from a post on the BRegsForum on this topic I am currently working on my first tender issue under S.I.No.9 of 2014 and analysing how I’m […]
Had these new and not so new laws been enforced during our building boom we would have ended up with better quality housing stock in Ireland. There will be a cost to ensure we provide better enforcement and safer homes into the future but so be it. If the client wants a quality building they will have to pay a little bit more. I understand some of the frustration out there in relation to the changes and also the lack of clarity surrounding the whole certification and inspection laws. I also understand the frustration of many thousands of young Irish families who paid in excess of 400,000 euros for poorly built homes in the past. We lost lives in this country over light touch regulation, a wink and a not “You won’t see it from my house attitude” and now we are struggling with the thought of more paperwork.
Purchase products with proper certification.
Don’t allow changes to the material specification unless the materials are better.
Ensure all products applied correctly.
Ensure all products are fit for purpose.
Demand inspection before we close up floors, walls and roofs.
Building is not rocket science. Had we inspected correctly the previous 600,000 homes build in Ireland we would not have this extra work load.
Step 1. Specification
Step 2. Application
Step 3. Inspection
Step 4. Certification
4 steps to achieve quality built homes in the future.
Lack of enforcement is the key. In 2007 we had less than 70 building control inspectors for the whole country. Some counties had no building control inspections at all. Under the new current regulations this will not change- there are no additional resources for independent inspections. All this additional paperwork/cost and consumers will still have little or no improvement in consumer protection. For defects after completion consumer will still be looking for redress through the courts at their own expense with still no guarantee of success. There is a very good post on this from a legal perspective today by Deirdre Ni Fhloinn.
[…] Certifiers to keep records of all materials used on sites under BC(A)R SI.9 – click link here […]