Practical Post 5: Small retail extension- problem with certifier

by Bregs Blog admin team

Practical Post 5: Small retail extension- problem with certifier

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I am a garage owner arranging an extension to my business. The architect did not want to be the Assigned Certifier, so we engaged another registered professional at a very competitive rate. The Assigned Certifier rarely appears on site and I am concerned- what are my options?

Building Owners are now responsible under law for appointing competent professionals to the roles of Design Certifier and Assigned Certifier. The owner must also engage a competent builder.

There are two particular problems with the new regulations that apply to your situation. Firstly, if the Assigned Certifier does not do his job (perhaps his rate was too competitive?) the local authority may ‘red flag’ your site through the BCMS computer system. It is the Assigned Certifier who has control of the building file in the BCMS system so you need to make sure that YOUR legal obligations are being met. Under the Building Control Act, only the owner or the builder can be prosecuted, not the Assigned Certifier, so you need to make sure that YOU are not falling foul of the law.

A second problem can arise if you have to fire the Assigned Certifier or if he completely abandons the project. Under the new Building Regulations, YOU are obliged to appoint a new Assigned Certifier and to notify the local authority within 14 days. The new Assigned Certifier (if you can find one to take this on) will have access to the previous BCMS records but he have to take over and sign off that all of the work (even the work that he has not inspected himself) is in compliance at the end of the project.

If the Assigned Certifier fails to lodge the Completion Certificate or if it is not validated you cannot ‘open, occupy or operate’ the building until this is resolved.

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Other Posts in this series:

Other Posts in this series:

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

Practical Post 2: completion- FAO Vintners & Retailers– 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 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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