Practical post 26: Design changes on site?
by Bregs Blog admin team
Practical post 26: Design changes on site?
Our recent post from Building Control Management System (Part 3 Link) says that:
“Design changes are notified in the Annex to the Certificate of Compliance on Completion and may be notified to the Building Control Authority after submission of the valid Commencement Notice during the Construction process by the Assigned Certifier”. [emphasis by Bregs Blog]
The Code of Practice for Inspecting and Certifying Works says:
“Where elements of the Design have not been completed, these should be clearly set out with an undertaking that when complete, these too will be certified and submitted to the Building Control Authority”. [emphasis by Bregs Blog]
So that’s clear. At the end. Maybe not?
The Framework for Local Authorities says that when Technical Assessment is carried out by Building Control it “may be appropriate to request the updating of this documentation to include such changes as may have occurred subsequent to Commencement” (Link )
So that’s a maybe.
Advice from the professional body for architects, the RIAI, suggests that design changes have to be certified before the change is built. The wording on builder’s undertaking confirms this.
Are design changes are to be uploaded by the Assigned Certifier at completion or uploaded during the job by the Design Certifier?
Where one person is undertaking the role of Design and Assigned Certifier this may not be an issue. However where there is a separate appointment of an Assigned Certifier, as per current RIAI policy, this may be an issue. Also given that currently there is no way for a Design Certifier to access the BCMS it would appear that the Design Certifier is unable to upload design changes in advance of construction at site stage.
Confused? …We are!
Answers on a postcard please…?
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Other Posts in this series:
Practical post 25: Septic Tanks | Waste Water Treatment
Practical Post 24: New Part K & J of Building Regulations
Practical post 23: Design Build contracts- need a barge pole?
Practical post 22: Change of Owner
For Practical Post Series 1-20
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 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 under the new regulations.
BRegs Blog 
The matter appears straightforward if you consider way the works will progress
The design must be certified prior to executing the works or else all parties are taking a risk.
The built work must be certified when the construction of it is complete for clarity and the avoidance of doubt later.
The words “may” and “will” in the explanatory notes above allow some wriggle room for the writer to avoid liability if a court subsequently finds this advice is incorrect.
Where minor amendments to the design attract this level of notification, inspection and certification, significant additional costs are likely to arise.