by bregs blog admin team
Building Control (Amendment) Regulations 2013 SI 80 –
The Minister has confirmed that he wishes to “strengthen the current arrangements in place for the control of building activities “ as part of the 2013 amendments to the 1990 Building Control Act
Indeed,BC(A)R’s SI 80 has been carefully crafted to “require the private sector to provide an active part in achieving regulatory oversight.” This is to be achieved through professionally endorsed notices and certifications along with Contractor endorsed undertakings, each to be submitted to the Building Control Authority at distinct times between commencement and completion of construction projects.
The drafting of this legislation has been in process since 2011 and its Statutory Instrument SI 80 is on the cusp of enactment. No transition period has been allowed. No meaningful engagement or dialogue took place between government and the general public. Engagement with our representatives and other stakeholders took place behind closed doors. This legislation directly affects the practice of architecture and we are therefore all stakeholders in this important matter.
Given the title of this amendment and proclaimed political commitment we may be forgiven for believing that the proposed amendment promises change. Not so.
The devil is in the detail. The role of the Local Authority as Building Control Authority under the Act has changed in one small way. It has to conduct a validation process, an administration function of receipting and recording submissions. The non mandatory Code of Practice states that the Authority will then undertake a risk assessment but there are no details offered as to how or what this means.
In fact, Building Control Authorities intend to rely on the 1990 Building Control Act to continue a practice of zero obligation to carrying out technical assessments and to proceed with current commitment to an undefined number of building inspections –no change there either.
We are being asked to believe that this legislation will create more work for architects, that our professional liability will not increase, that the Building Control Authority will do better and best of all that Contractor registration will come.
If the Minister is really serious about strengthening the Building Control System he can task the Building Control authorities to carry out independent inspection and review protocols similar to that operated in the UK. This system has been tried and tested and following review in 2012 has been confirmed to be the most cost effective solution for protecting the quality of the built environment. We would welcome it.
Deirdre Lennon MRIAI
Member of BReg Forum and candidate for RIAI Council Election 2014
15th December 2013