Invalid “short form” commencement notices: BC(A)R SI.9

by Bregs Blog admin team


The following submission by a registered architect was received  in reply to our post on the RIAI alert not to use short form Commencement Notices on 20th May 2014 (see post here). The following references may be useful for professionals and Building Control Officers alike.

Invalid “short form” commencement notices: BC(A)R SI.9

The following Department (DECLG) presentation was given at the IBCI conference in Sligo in early April 2014, one month after they started operating the new building regulation law SI.9. PDF of  Martin Vaughan’s presentation at IBCI conference:

Validation and Issues Martin Vaughan

It’s Building Control Authority responsibility to ensure that the correct form is used & signed by the owner!!

And the ‘correct form’ wasn’t even available at that time. It took more than 2 months for Building Control Management System (BCMS- the Elodgement system) to catch up.

Remember they said, at the same event, that the Building Control Management System would expand to take the short Commencement Notices as part of the ‘continuous development’. The short Commencement Notice on BCMS was not available in March or even April, so everyone had to use the paper (old format Commencement Notice) that the Building Control Authorities handed out and left on their websites.

‘Done is better than perfect’-  PDF of Rhoda Kerins’ presentation at IBCI conference:

Building Control Management Systems Rhoda Kerins

It’s on schedule for delivery in September 2014

So what other legal problems are yet to be realised? And when the first problem with conveyancing arises who will sue the Building Control Authority?

Will we now have a new regulation issued to ‘regularise’ the invalid Commencement Notices that the Building Control Officers accepted because the system was not available? And more all summer as they build the system to catch up with the law?

This is very alarming as this is the most simple part of the process- lodgment of a notice to commence building work. This was, and should still be, a simple and straight-forward process. Imagine the complexity and confusion at completion stage, invalidations being posted back to owners: tenants waiting to move-in and start trading, families ready to leave rental accommodation etc.

What will we tell a large multinational company- ready to start production in their new multi million production/warehouse building when their design team’s completion documentation comes back invalid from the local Building Control Officer due to lack of resources and inadequate and contradictory Departmental guidance ?

How will this new self-certification system of building control  help in Ireland’s recovery, competitiveness and be a generator for employment? Where will our World bank rankings be in 2015?

Posts of interest:

Irish Times: Dramatic fall in number of buildings being started – Click link here

Commencement notices fall: BC(A)R SI.9 – Click link here

Building Control Officer issues: Conference April 2014 – Click link here

SPOT THE DIFFERENCE- Local Authority advice – Click link here

Irish Building Control Institute today: BC(A)R SI.9 – Click link here

Building Control Officers need help! BC(A)R SI.9 – Click link here

World bank rankings & BC(A)R SI.9 – click link here