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: