Senior Council advice on BC(A)R SI.9

by Bregs Blog admin team

Here is the legal opinion on Building Control (Amendment) Regulation (SI.9 of 2014) and opinions on previous versions of Building Control (Amendment) Regulation (SI.9 of 2014) by Mr Dennis McDonald S.C.

Link to pdf here: DMcDonald SC 3-2-1 140304

We have posted various legal advice previously and there appears to be nothing new here unfortunately. The extremely difficult legal issues for certifiers that were present in previous drafts of Si.9 (previously SI.80) remain.

We note the last section on possible professional insurance issues:

Extract: “In light of the difficulties outlined above, there may well be insurance implications for certifiers. In circumstances where the certifier is providing confirmation not only that the certifier himself or herself has exercised reasonable skill, care and diligence but that other members of the design team and specialist designers have likewise exercised reasonable skill, care and diligence, the certifier may find himself or herself liable in the event that there was a lack of reasonable skill, care and diligence on the part of others. It would obviously be essential in those circumstances that the certifier should have appropriate insurance. It will be a matter for the insurance companies to decide on whether insurance will be made available and at what rates of premium. I do not know what approach insurance companies will take, but there must be a significant prospect that, at the very least, insurance companies will wish to reflect the increased risk for certifiers in the premium paid. Whether those premiums will be affordable by certifiers is another matter. One suspects that the proposed new system relies upon the certifier having professional indemnity insurance. If such insurance is not available to the certifier at acceptable rates, the rationale for the new regime will be entirely undermined.”