Part Deferral of BC(A)R SI.9

by Bregs Blog admin team


This would appear to be a new Statutory Instrument (S.I. No. 105 of 2014) that allows part- deferral of some building types that qualify under Building Control Amendment Regulation (SI.9 of 2014). Is this the first in a series of part-deferrals? When is this due to be implemented? We wonder why this seems to have been rushed into place less than one week after the introduction of SI.9.

There have been very vigorous submissions to Ministers and Government Departments by the representative body of architects (RIAI) on many of the adverse and unintended consequences of BC(A) SI.9. The representative body for chartered surveyors (SCSI) has publicly aired concerns over lack of local authority readiness to implement BC(A)R SI.9. There is also widespread criticism from the industry and consumer groups affected, in particular self-builders, who have escalated complaints to europe and mounted a nationwide political and public lobbying campaign. Self-builders will see nearly 2,000 families this year unable to afford to construct their own homes as a result of the extraordinary additional costs the regulation. We await an explanation or guidance on this new statutory instrument with interest. Link to pdf:



S.I. No. 105 of 2014.



These Regulations provide for alternative but equivalent means of complying with the requirements under the Building Control Regulations 1997 to 2014 to assign a person to inspect and certify the works (the Assigned Certifier) in line with a plan lodged at commencement and implemented during construction. The alternative means of compliance applies to a limited range of public and privately owned buildings classified as first, second or third level places of education, hospitals or primary care centres.

The alternative means of compliance applies only to projects subject to each of the following circumstances:—

(i) planning permission, where appicable, has been obtained before 1 March, 2014;

(ii) contract documents have been signed before 1 November, 2014; and

(iii) a valid commencement notice has been lodged with the building control authority no later than 1 March, 2015.

These Regulations also clarify that such fee as is required under Part V of the Regulations in respect of Article 9 applies to all commencement notices. Copies of the above may be purchased from the Government Publications Office, 52 St. Stephen’s Green, Dublin 2. Phone 01-6476834.

Price: €2.54.

si105.pdf [Converted]