BRegs Blog

A blog to debate the Building Control (Amendment) Regulations (BCAR): The BRegs Blog presents an opportunity for free expression of opinion on BCAR and their implementation. The blog is not representative of any professional body or organisation. Each post represents the personal opinion of that contributor and does not purport to represent the views of all contributors.

Tag: Construction and Maintenance

A Hiatus in the Construction Industry?

by bregs blog admin team

UniversityCollegeCork

Last Friday University College Cork (UCC) sought tenders for a design team for a new Student Hub envisaged to support learning and employability skills for students. The Hub is part of the university’s plan to “be largely self-funding within five years, saving the Irish taxpayer millions of euro a year” Irish Examiner 25/05/13

The tender specifies that the project architect “will have overall responsibility for full compliance with the New Building Control (Amendment) Regulations 2013 which will come into effect on the 1st of March 2014… and will act as the Assigned Certifier for the project duration”. This seems prudent on UCC’s part, after-all projects that commence on site from the 1st March next year must comply with the new regulations.

The problem is revisions to the regulations are still ongoing and the role of the Certifier is as yet unknown. Once the regulations and the roles are confirmed, more time will be needed for new contracts to be written, for insurers to confirm they will indemnity the Certifier, for professionals to up-skill for their new role and for appointments to be agreed.

The public sector is not ready either, as it emerges that the promised IT systems will not be in place for the 1st March. Yet no additional resources will be be provided in the understaffed Building Control Authorities to deal with vast amounts of paperwork required under the new regulations

It seems inevitable that the UCC project will be on hold until all of this can be sorted out. The situation is even graver for projects already underway and due to start on site from 1st March. Existing contracts will need to be unraveled and new ones formed. All in time for March 1st, or virtually no new projects will start on site.

Will this mean a hiatus in the construction industry, just as it beginning to get back on its feet?

For a more detailed analysis of the expected delays in the Construction Industry, see our report here

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Dispensations and Transition Arrangements

by bregs blog admin team

Dispensations:

S.I.80 does not make any additional provision for dispensations but does specify that they will be included on the Building Control Authority Register. Under the 1990 Building Control Act “a building control authority may, if it considers it reasonable having regard to all the circumstances of the case, grant a dispensation from, or a relaxation of, any requirement of building regulations”.

However, there are some difficulties with the provisions for dispensations.  David Keane (Building and the Law, Gandon 2003) sets this out:

 “Section 4 of the Building Control Act contains the provisions for dispensation or relaxation. At the time that Act was drafted, it was anticipated that the Building Regulations might be in the form of the revised draft Building Regulations which were originally published in 1981, but in the event the Regulations as they finally appeared were so concise that any relaxation or dispensation is almost impossible. Take for instance Part F, which says: ‘Adequate means of ventilation shall be provided for people in buildings.’ Remember that the technical guidance documents are not the Building Regulations. The Building Regulations are the items set out in S.I. 497 of 1997 and nothing else. They are the law. It would be difficult to imagine a situation where an application could be made to allow inadequate means of ventilation for people in buildings. It can be taken that the relaxation and dispensation provisions will not trouble us very much, although it is possible that sympathetic use might well be made of them in the difficult cases of material alterations”.

This means that although a provision for dispensations is included in the Building Control Act, in practice it is not workable and the Certifier does not have easy recourse to this provision.

Transition Arrangements:

There are no transition arrangements in S.I.80. The Regulations where a Commencement Notice is lodged on or after 1 March 2014 including

  1.  the design and construction of a new dwelling;
  2. an extension to a dwelling involving a total floor area no greater than 40 square metres (this was an error in the published regulation and is to be corrected to mean domestic extensions over 40 square metres);
  3. works which require a Fire Safety Certificate (this will include new build, extensions, works to existing building, material alterations and later phases of some projects).

It can take many months and sometimes years from the date the professional team is appointed to when a building is ready to commence on site. Without transition arrangements, projects designed or partially built under older standards will pose particular difficulties after 1 March.

Furthermore, as Commencement Notices are lodged for each building, rather than for the whole development, sections of projects may come under the new arrangements and this has implications for completing ghost estates, fit-outs, phased work and re-starting abandoned projects.