Practical Post 2: completion- FAO Vintners & Retailers

by Bregs Blog admin team

number-2

Practical post 2: “We want to be in for Christmas” 

How many people planning work on their home or business have said this? Whether you are building a house, extending your shop or refurbishing your pub the work is disruptive and puts everyone under financial and commercial pressures. You want the work to be finished as soon as possible.

One of the unanticipated consequences of the new Building Control Regulations is a delay at completion on all projects. You cannot now ‘open, operate or occupy’ the building again until the Completion Certificate is validated by the local authority. This can take up to 3 weeks if the documents are in order, or longer if there is some problem with the paperwork. In the meantime, the building lies idle.

Those who consider that a blind eye will be turned locally (the authorities don’t have the resources to be out checking) are probably correct. However, problems are likely to arise in drawing down final funding payments and more importantly in arranging insurance cover. It is likely that your insurance company will not cover your completed job and will reject claims for any problems (whether a leak, a fire or personal injury) that happen during your ‘illegal’ occupation.

Considerable delays on completion of projects under the new building regulation system are expected by the industry, due to lack of industry readiness and lack of resources allocated to building control sections in local authorities. Read previous post on this here. Given that there are no revised forms of contract that incorporate the new certifier roles, delays at completion stage are widely expected. Contractual claims may result due to delayed possession of projects by owners, which may result in costly disputes.

In a letter to senators in advance of a Senate debate on 10th April 2014, past president of the representative body for architects (RIAI) Pádraig Murray discussed the difficulties of completion stage under the new regulations here. Quote: “The S.I. 9 Certificate of Compliance on Completion will supersede the Final Certificate required by the most used Building Contract Forms in Ireland those published by the RIAI in agreement with the Construction Industry. As a result the very successful end of contract procedures required by those forms will be replaced by the inadequate and over-bureaucratic procedures made mandatory by S.I. 9.”

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Other Posts in this series:

Practical Post 1: BC(A)R SI.9 Extensions & Refurbishments– click link here

Practical posts 3: Change of Use – FDI and offices – Click link here

Practical post 4: What if the builder goes bust?– Click link here

Practical Post 5: Small retail extension- problem with certifier – Click link here

Practical Post 6: no one wants to do certifier roles! – Click link here

Practical Post 7: Existing Shopping Centres – Click link here

Practical Post 8: Employees won’t certify: BC(A)R SI.9 – Click link here

Practical Post 9: Fees & numbers of inspections?: BC(A)R SI.9 – Click link here

Practical Post 10: No retrospective compliance: BC(A)R SI.9 – Click link here

Practical Post 11: Phasing and BC(A)R SI.9? – Click link here

Practical Post 10: No retrospective compliance: BC(A)R SI.9 – Click link here

Practical Post 11: Phasing and BC(A)R SI.9? – Click link here

Practical Post 12: “architects only” club?–  Click link here

Practical Post 13: Duties & conflicts- BC(A)R SI.9 –  Click link here

Practical Post 14: Supervision vs Inspection –  Click link here

Practical post 15: Code of conduct issues –  Click link here

Practical Post 16: Pyrite and certification? – Click link here

Practical Post 17: Off-License fit-out –  Click link here

Practical Post 18- material alterations: Creche  – Click link here

Practical Post 19: Phased completion & BC(A)R SI.9 –  Click link here

Practical post 20: Are builders off the hook with BCAR? – click link here

NOTE: This series of posts is not meant to undermine or be in opposition to any professional advice from registered representative bodies: rather it is to offer additional technical aids to those that find themselves in the unenviable position of having to deal with SI.9 in it’s current form at present. As with all information posted on the Blog we urge all practitioners to check with their respective professional bodies before assuming any roles or duties under Building Control (Amendment) regulation (SI.9 of 2014). We hope to post a number of these practical posts and list in one area, so home owners, SME’s and professionals can drop in and click on a particular topic to get summary information that may be useful to them while working within these new and difficult regulations. 

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