The RIAI recommends separate appointment of Assigned Certifier under Building Control (Amendment) Regulation (SI.9 of 2014)

by Bregs Blog admin team

advice1

The architects’ representative body the RIAI has produced an Interim Client Guidance Note in a bulletin to members on 11th February 2014. Quote from bulletin: “….Although the information and documentation remains incomplete, the RIAI recommends that Architects ensure that their clients are aware that the changes in regulations will apply to most building works, will increase project costs and have potential to cause delays…We have provided an Interim Client Guidance Note which you can view through the link below. We will review and update this note in light of new information as it becomes available...”

Link here: RIAI_InterimClientGuidanceNote_11Feb14

Regarding RIAI Standard Forms of Agreement for Services to Clients: “…The RIAI recommends that the appointment as Assigned Certifier is always an appointment separate from that as Architect …”

Regarding Costs: The new processes and professional appointments will require additional time and resources from the architect, which will have an impact on project costs.

More worryingly the impact on current tenders due to recent introduction of SI.9 is highlighted: “Where tender documents are currently being prepared (or due to be prepared), these cannot fully take into account the new requirements as there is no revised form of Public Sector Contract nor Private Sector Contract published (nor revised guidance on contract specification preliminary clauses) which can be referenced in the tender documents for this project.”

The Building Owner’s Obligations under BC(A)R : “Building owners will be required to appoint, for almost any building or works starting from March 2014 onward, a Design Certifier and an Assigned Certifier as well as a competent Builder…Building owners will be required to…Give a written undertaking on a statutory form to the Building Control Authority to appoint a competent Builder to construct the new building in accordance the Building Regulations. 

Regarding Registration of Builders: “The Construction Industry Federation, representing Builders in Ireland, have launched information on a voluntary register of builders and sub-contractors…This voluntary register will have a code of practice and a sanctions procedure whereby builders can be struck off the register…A Statutory Register of Builders is proposed to be established in 2015.”

Regarding new completion procedures: “The Assigned Certifier and the Builder having collated all the required certificates…and are satisfied that the building is built in accordance with the Building Regulations, co-sign the Statutory Completion Certificate and lodge it with the BCA, 3 -5 weeks in advance of the Completion date. The Building will not be permitted to be occupied, used or rented, without the building being placed on the Building Control Authority Register.

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