SI.9 “each phase should be designed to stand alone” | BCMS
by Bregs Blog admin team
The following email question to, and answer from the Building Control Management System (BCMS) was sent to us by a registered professional on the 11th December 2014.
The BCMS confirm that ” each phase of the development must be compliant and not have outstanding compliances in other phases even if this requires completing all the development works in advance”.
The BCMS clarification suggests that completion of larger mixed-use projects and multi-unit residential schemes may be more onerous than was realised under the new regulations. Financing of larger projects frequently depends on early phases being complete and sold on, while later stages and some common areas, basements, roads and drainage may still be under construction. BReg Blog notes shown [ ]:
The Code of Practice says that phased completions are possible.
Does the BCMS Commencement Notice have to be done as ‘one per house’ so that there can be separate Completion Certs for each house?
If it’s ‘one per estate’ for Commencement Notices (see RIAI advice) can you you then just submit separate Completion Certs for each house under the one Commencement Notice? If so is the Register set up for this?
What is an ‘overall’ Completion Cert for the development (see RIAI advice) and what will this cover?
Is it the same for apartments?
RIAI advice says:
How will the Commencement Notice work for a Housing Estate of 100 Houses?
A.: One Commencement Notice to be issued, if all the houses are to be built together. If not then a number of Commencement Notices will have to be issued for each phase.
100 Completion Certificates will have to be issued; one for each house as completed, and then one for overall development/ external work.
Reply from BCMS, Date: 11 December 2014
Subject: Certificate of Compliance on Completion-Phased Completion Considerations
S. I. 9 of 2014 (9) A Certificate of Compliance on Completion may refer to works, buildings, including areas within a building, or developments, including phases thereof, and relevant details shall be clearly identified on the Certificate of Compliance on Completion itself, and subject to validation in line with the requirements at paragraphs (3) and (4), on the register.
As a general rule the purpose of the Certificate of purpose of the Certificate of Compliance on Completion is to required for compliance with the;
- Administrative requirements as set out in the Building Control Regulations which is basically 3(a), (b)(i) and the
- Design requirements 3(b)(ii) i.e. the requirements of the Second Schedule to the Building Regulations before
- Works or buildings can be opened, occupied or used
Therefore it is recommended that any phasing of developments for the purpose of Certificate of Compliance on Completion Certificates should be carefully considered in the context of interdependency of the Parts A-M with each other and the other phases in the development.
For the purpose of best practice housing development and construction compliance each phase should be designed to stand alone and as such compliance with Part A-M should be addressed both individually and collectively.
In essence each phase of the development must be compliant and not have outstanding compliances in other phases even if this requires completing all the development works in advance i.e. Part B access for fire appliances, Part H treatment systems, Part M access and use, Part L, J there may be district heating etc. in general each phase must stand alone and should be assessed on its merits; best method is to audit the phase against the particular requirements of the Building Regulations, a consolidated summary is set out below for ease of reference
Reference is made to the requirements of the Building Control Regulations the relevant section which is set out below;
“Building Control Regulations 1997-2014-Part IIIC – Certificate of Compliance on Completion
20F (1) Subject to paragraph (2), a Certificate of Compliance on Completion shall be submitted to a building control authority and relevant particulars thereof shall be included on the Register maintained under Part IV before works or a building to which Part II or Part IIIA applies may be opened, occupied or used.
(2) The requirement for a Certificate of Compliance on Completion shall apply to the following works and buildings –
(a) the design and construction of a new dwelling,
(b) an extension to a dwelling involving a total floor area greater than 40 square meters,
(c) works to which Part III applies.
(3) A Certificate of Compliance on Completion shall be –
in the form specified for that purpose in the Sixth Schedule, and
(b) accompanied by such plans, calculations, specifications and particulars as are necessary to outline how the works or building as completed –
(i) differs from the plans, calculations, specifications and particulars submitted for the purposes of Article 9(1)(b)(i) or Article 20A(2)(a)(ii) as appropriate (to be listed and included at the Annex to the Certificate of Compliance on Completion), and
(ii) complies with the requirements of the Second Schedule to the Building Regulations, and
[Part A — Structure; Part B—Fire Safety; Part C—Site preparation and resistance to moisture; Part D—Materials and workmanship; Part E—Sound; Part F—Ventilation; Part G—Hygiene;
Part H—Drainage and waste water disposal; Part J—Heat producing appliances; Part K—Stairways, ladders, ramps and guards; Part L—Conservation of fuel and energy; Part M—Access for disabled people]
(c) accompanied by the Inspection Plan as implemented by the Assigned Certifier in accordance with the Code of Practice referred to under article 20G(1) or a suitable equivalent.
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