“extraordinarily loose and vague”: Legal Implications of BC(A)R SI.9

by bregs blog admin team

A number of senior councils have reviewed the current and previous versions of Building Control (Amendment) Regulation (SI.9 of 2014)- previously SI.80 For clarity we table the most recent opinions with the most recent wordings in reverse chronological order. These are presented without comment.

There are two senior council advice notes on the December 2013 wording, substantially the same as SI.9 which has been signed in January 2014 by the Minister and is due to come into effect on 1st March 2014. One is by Mr Gavin Ralston SC (commissioned by RIAI) with statement by Hayes Solicitors and one by Mr Dennis McDonald SC with a cover letter by Matheson Solicitors (commissioned by 7 past presidents of the RIAI).

There is no current opinion by ACEI available as yet; if one becomes available we will post this also. Below are the links to both Senior Council opinions, the Matheson and Hayes Solicitors statement and letter and also the current wording of SI.9 0f 2014 as recently circulated by the RIAI. An earlier Opinion has been commissioned by the Construction Industry Federation but is not in the Public Realm.

These opinions are a source of great concern for professionals competent to undertake the new certifier roles. 1. Matheson Solicitors letter 131213LetterfromMatheson2.154138 2. Dennis McDonald SC Advice:

131206 Letter from Denis McDonald 4 Dec 2013

3. Hayes Solicitors Statement:

Statement_by_Hayes_Solicitors_on_the_Amended_Completion_Certificate

4. Gavin Ralston SC Advice:

SCGavinRalston_Comments_on_Revised_BC_A_R_6Dec2013

BCAR SI.9 of 2014: S_I_No9_of_2014

Regulatory Impact Assessment: Not completed for SI.9 of 2014 Regulatory Impact Assessment: Not completed for SI.80 OF 2013 (both drafts)

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