RIAI: FAQ on Part deferral BC(A)R SI.105

by Bregs Blog admin team


The following guidance was issued to RIAI practices on May 19th 2014 regarding the workings of the part-deferral SI105, introduced within one week after SI9 and applicable only to qualifying school and healthcare government buildings. As far as we are aware at time of writing no part-deferrals have successfully been granted under SI.105. Here is an extract from the recent RIAI Practice guide:


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 but equivalent 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 services.
The alternative means of compliance applies only to projects subject to each of the following circumstances:
(i) planning permission, where applicable, has been obtained before the 1st March 2014; and
(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.

What type of Building does S.I. 105 of 2014 apply?
(I) Buildings intended for use as places of first, second or third level education
(II) Buildings intended for use as hospitals and primary care centres.

What other Requirements apply?
For the duration of the transitional arrangements for (i), (ii) and (iii) above, these requirements may be fulfilled by the lodgement of Such Inspection plan, inspection records and certificates as may be deemed appropriate and necessary by the Oversight Group in order to demonstrate that compliance with the requirements of the Second Schedule to the Building Regulations has been achieved for the building or works concerned.

What is the “Oversight Group?”
The “Oversight Group” means a group appointed by the Minister of not less than 6 and not more than 8 persons who are eligible for inclusion on a register of construction professionals established pursuant to the Building Control Act 2007 or the Institution of Civil Engineers of Ireland (Chartered Amendment) Act 1969.
We understand that the Oversight Group have had one meeting to review the applications for the alternative means of compliance under SI 105 of 2014. We are given to understand that even if approval is granted by the Oversight Group that there is still an obligation to comply with SI 9 of 2104; and provide a Preliminary Inspection Plan, etc.

Members who are working on school projects, or are about to work on school projects, have queried if they can avail of these transitional arrangements.  In reality the application process, the uncertainty of the outcome of whether approval will be granted, the time involved in the decision process, and the need for compliance with SI 9 of 2014, all indicate that it would be better to advise their clients that it would be quicker and better to proceed under SI 9 of 2014 and not apply to proceed under SI 105 of 2014.

To view S.I. 105 of 2014 click here