What is a “validated Commencement Notice”?
by Bregs Blog admin team
When is a “validated Commencement Notice” not a valid Commencement Notice?
The significant number of Commencement Notices lodged in January & February have been discussed (see post here). There is anecdotal evidence that many owners, (on advice from surveyors, engineers and architects) lodged Commencement Notices in January and February to avoid the costs and uncertainty of the new Regulations.
In some cases a hole was dug, a hoarding was put up or a building demolished in early March. However, a Commencement Notice can ‘expire’ if works are not started within 28 days. Works are defined as- ‘‘works’’ includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building.
No demolition, no holes in the ground, no hoardings. So some of the premature Commencement Notices may now have expired and will have to be resubmitted under the terms of SI9.
Anecdotal evidence is beginning to emerge that some Building Control Authorities have begun to police this issue by carrying out inspections to ascertain if works have actually commenced. In some instances it is being claimed that Building Control Authorities are only writing to building owners now in relation to inspections carried out last March and April.
In situations where the Building Control Authorities believe that works have not commenced they are writing to applicants informing them that they are required to submit a new Commencement Notice in accordance with the Building Control Regulations 1997 to 2014. For some scenarios it appears building owners may have commenced the works after the specified date in the Commencement Notice submitted before the 1st March 2014 and after the inspection carried out by the Building Control Authority.
As a result it would appear as if some building owners may have started unauthorised developments that cannot be regularised.
If works were legitimately carried out, owners should keep proof to make sure that owners don’t have legal problems with conveyancing and financing in the future.
Other posts of interest:
BC(A)R SI.9- BCMS: “must do better” – click link here
ALERT: Cork CoCo guide to BC(A)R SI.9 – click link here
Building Control Officers: Survey – click link here
Irish Times: Dramatic fall in number of buildings being started- click link here
Invalid “short form” commencement notices: BC(A)R SI.9 – click link here
Building Control Officer issues: Conference April 2014 – click link here
Building Control Officers need help! BC(A)R SI.9 – click link here