BRegs Blog

A blog to debate the Building Control (Amendment) Regulations (BCAR): The BRegs Blog presents an opportunity for free expression of opinion on BCAR and their implementation. The blog is not representative of any professional body or organisation. Each post represents the personal opinion of that contributor and does not purport to represent the views of all contributors.

Practical Post 12: “architects only” club?

by Bregs Blog admin team

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Practical Post 12: Public Sector restrictive practices: an “architect only” club?

We were appointed architects for a job under public procurement (local authority project). We’ve now been asked to also be Certifiers for the project and to negotiate a new fee for the new roles.

The original tender notice told me exactly what was required and I priced my bid accordingly. This time round, I do not know how many inspections are required, what paperwork I will have to produce, what expertise I will have to buy in or what additional PI cover (to certify the other consultants) I need to get. I don’t even know what contract I will be asked to sign. And all of this will be done behind closed doors with no competitive tendering. If the RIAI estimate of hours are correct this new role could cost as much as the first fee again.

Surely this will be open to legal challenge from someone else who objects to me getting exclusive access to make a private deal? I am very concerned that this job and methods of procurement may be questioned later on, with my current appointment being overturned and placed back out for public tender. I do not want to scale up and employ more staff with this risk hanging over the practice’s head.

How can this be allowed under the public procurement rules?

Attached: extract off typical public sector procurement guidelines (jpeg and pdf) : Tender Addendum – TR Clause 1.6

Tender Addendum - TR Clause 1.6

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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 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 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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Open Letter to Fine Gael: BC(A)R SI.9

by Bregs Blog admin team

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The following open letter to the Fine Gael Party and all elected party TD’s was submitted by Amanda Gallagher, self-builder on 30th April 2014. Link to letter here.

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Dear Ministers & Tds of the Fine Gael Party,

I write to you in relation to the Building Control (Amendment) Regulations 2014.  These restrictive Building laws are the cause of much suffering at the present time in Ireland.  I would just like to point out to you that there is a solution to these laws in the link below:

Please take a minute to read this solution – it would solve every problem contained within S.I. 9.

https://bregsforum.wordpress.com/2014/03/18/2423/

I forward below a letter that I sent Minister Hogan yesterday.  As his colleagues, it would be most fitting of you can point out to him the sensible solution to all our worries. You know, it is unjust to ban self building in Ireland.  This has been the preferred method for centuries – it is also the method of building that is financially viable for the ordinary person, especially in these times.  I would be willing to bet that many of you have indeed ‘self built’ your family homes.  Self builders, farmers, architectural technicians – the ordinary men and women of Ireland must not be punished for the mistakes of developers and builders of the past.

I would ask that you think seriously and search your souls on how you can help the many people who are distressed over these irrational laws – they offer no new safety measures for the consumer either.

You know, life is short, and not one of us can be guaranteed that we will be here tomorrow – God has blessed you with a great gift – the gift of power – you were elected to protect and help the citizens of this country – and you will have to face God one day and you each will be held accountable for your actions –  I implore you now to talk this through as a party and my thoughts and prayers are with you all.

Regards,

Amanda Gallagher

Attached: Letter to Minister Phil Hogan – click to read here.