Building Control Regulations 2009

archtech

Despite been on the cards for quiet a while, these appear to have come into effect quiet quickly and quietly

http://www.environ.ie/en/DevelopmentandHousing/BuildingStandards/RHLegislation/FileDownLoad,21092,en.pdf
http://www.environ.ie/en/DevelopmentandHousing/BuildingStandards/RHLegislation/FileDownLoad,21091,en.pdf

sydthebeat

most pertinent points:

1. comes into effect from 1st october 2009
2. any existing building which required a Fire Safety Certificate must now apply for one retrospectively and is charged at a rate of €11.60 per sq m :eek:
3. disabled access certificates are required for all non domestic builds *from jan 01 2010*
4. disabled access certificates will cost €800 per building
5. work can commence before the issue of a FSC if a 7 day notice is sent in confirming an application for a FSC has already been made.


if anyone has see other major points, or if i am in error in the above, please contribute....

* * edit added....

r-i-tect

Strange I though the DAC wouldn't come in until the revised Part M is in place

pseudo-tech

sydthebeat wrote: »

most pertinent points:

1. comes into effect from 1st october 2009
2. any existing building which required a Fire Safety Certificate must now apply for one retrospectively and is charged at a rate of €11.60 per sq m :eek:
3. disabled access certificates are now required for all non domestic builds
4. disabled access certificates will cost €800 per building
5. work can commence before the issue of a FSC if a 7 day notice is sent in confirming an application for a FSC has already been made.


if anyone has see other major points, or if i am in error in the above, please contribute....

Thats a crazy price for a disabled access certificate. It would be understandable if they were providing a certificate for building regulation compliance in its entirety like in England.

More regulations!!!!!!!!!!!

archtech

my reading of the regulations is that the disability access certs will not come in until 1 January 2010.

Paulyh

i thought i was being helpful and emailed info of this around my team in work......................now i have to do presentation on it at our next team meeting!!
thats the last time i'll helpful.........

sydthebeat

paul, we would be extremely grateful here if you could perhaps share some of the finer points you discover in it.....

Paulyh

i will do my best!! next meeting is not till monday after next so maybe next week if i get a chance i'll summerize it
and if anyone else has read it in the mean time and wants to do the work for me i would gladly use it

Garroldy

FYI a brief synopsis of regulations ;

These regulations introduce the following new application processes:-

1) Revised Fire Safety Certificate Applications
The Regulations provides for Revised Fire Safety Certificates

(i) where required by a Planning Permission which is granted subsequent to the application for an FSC; or
(ii) where significant revision is made to the design or works subsequent to the grant of an FSC.

2) 7 Day Notices
A “7 Day Notice” may be submitted to a Building Control Authority (BCA) where commencement of work is imminent. This must be accompanied by a valid FSC application, together with a statutory declaration in respect of the completeness and validity of the FSC; and an undertaking to carry out any necessary modifications to works as may be required by the FSC, when granted. This will facilitate developers who wish to start work on urgent projects, without waiting for the FSC application to be processed

3) Regularisation Certificates
Where works have been carried out without a prior FSC/7 Day Notice. This must be accompanied by “as constructed” drawings and a statutory declaration that the works are in compliance with the fire safety requirements of Part B of the Building Regulations. Regularisation Certificates will not have effect unless any conditions attached / additional works required by the BCA have been carried out within 4 months.

4) Disability Access Certificates (with effect from 1st January 2010)
Building Control Authorities will have to certify that the designs of new Non-Domestic Buildings and new Apartment Blocks comply with Part M (Access for People with Disabilities) of the Building Regulations, before work commences on the relevant projects

The new Regulations also provide for the Prohibition of the opening, operation, or occupation of buildings which require an FSC, DAC, or Regularisation Certificate, until such time as the Certificates are granted.

Paulyh

thanks Garroldy..........that seems to sum it up nicely!!!
i have'nt had a chance to go though it myself yet.

Poor Uncle Tom

Post 2 and 9 are a good summery.

DEAPthroat

4) Disability Access Certificates (with effect from 1st January 2010)
Building Control Authorities will have to certify that the designs of new Non-Domestic Buildings and new Apartment Blocks comply with Part M (Access for People with Disabilities) of the Building Regulations, before work commences on the relevant projects

Actually, if you read the regulations i think that you will find that you do NOT need to obtain a DAC before you commence work.

You cant commence in the absence of a Fire Cert but in relation to a DAC it only states that you can't carry out works which is not in compliance with Part M of the building Regulations.

In short, there appears to be nothing to prevent you applying for a DAC after you have started

Jimbo

Increasing the FSCA charge to €11.60/m2 for retrospective application will be a huge detterant for people trying to regularise an existing building.

Why would anyone want to try to correct the situation if they would be charged that much?

sydthebeat

Jimbo wrote: »

Increasing the FSCA charge to €11.60/m2 for retrospective application will be a huge detterant for people trying to regularise an existing building.

Why would anyone want to try to correct the situation if they would be charged that much?

people will only regularise as a last resort anyway, usually if sale or lease is occurring.

I do think 4 times the standard rate is excessive though.

civdef

Part of the reason is to try and encourage people to actually wait till they get a fire cert before doing the work in the first place. A building control inspection is also mandatory where a regularisation is being applied for, which incurs additional costs on the BCA.

Jimbo

Where is the line drawn with respect to significant changes made during the construction of a building which has a fire cert.

Does a regularisation certificate have to be obtained for any changes that were actually made or would a revised fire certificate do even though the works are already completed?

Jimbo

I have since got confirmation from a fire officer that Revised Fire Certificates can't relate to works that have been completed and hence any changes (even minor) that you want to regularise after construction have to be done via a Regularisation Certificate at €11.60/m2.

I think this is crazy as in any construction project there is nearly always minor layout changes that may have an effect on the fire certificate. No site is going to close down for a couple of months while a revised fire certificate is being obtained.

Poor Uncle Tom

Is that just knee jerk reaction by the fire officer? Up until now any minor changes were covered by letter from the fire officer. I can't see why this process can not be continued.

If you push it to the extreme any changes to a development are material and need a new planning permission but luckily common sence prevails and we can usually get coverage of minor alterations without new applications.

r-i-tect

I've always gone down the letter route.
Pesky clients always changing the design halfway through the build. :rolleyes:

Jimbo

It depends on the fire officer your dealing with I suppose.
A letter isn't always sufficient especially when you have alot of changes

DEAPthroat

dont forget ............ if you make changes and you need to apply for a revised fire cert you will also need to apply for a revised disability cert.


As the Fire officer is restricted to only looking at part B during a fire cert, if your DAC is not correct and you need to make changes to comply with Part M, (eg... you 'forgot' to put in a lift) then you would have to apply for a revised FSC to cover the changes due to the DAC.

r-i-tect

DEAPthroat wrote: »

dont forget ............ if you make changes and you need to apply for a revised fire cert you will also need to apply for a revised disability cert.


As the Fire officer is restricted to only looking at part B during a fire cert, if your DAC is not correct and you need to make changes to comply with Part M, (eg... you 'forgot' to put in a lift) then you would have to apply for a revised FSC to cover the changes due to the DAC.

Interesting point.
I can see most DAC being submitted on completion of the building which will then make the DAC pretty much worthless, unless recommended changes are enforced.

civdef

The "fire officer's letter" has no legal standing, anyone issuing one is taking a bit of a chance.

thebrother23

Is it just me or is the €800 flat fee for a DAC, which comes into force on 01/01/10, ludicrous?

This applies whether you are building a regional hospital or adding a keg store to a pub. Why the flat rate? Why not a rate based on area, as per fire cert?

Cafe in a Protected Structure - Owner decides to improve wheelchair access by installing a ramp and widening door.
Planning fee: €80
Maybe an amended Fire cert is required: €125
DAC: €800. Excuse me? What?

r-i-tect

thebrother23 wrote: »

Cafe in a Protected Structure - Owner decides to improve wheelchair access by installing a ramp and widening door.

One thing DAC will teach you: it's not all about wheelchair access

thebrother23

r-i-tect wrote: »

One thing DAC will teach you: it's not all about wheelchair access

Okay, so I was too specific in my example. But 800 euro is still exhorbitant, especially for minor works to a small business.

bossanova

how does the DAC relate to existing buildings?

r-i-tect

bossanova wrote: »

how does the DAC relate to existing buildings?

If you are designing an extension, then I would assume that the DAC would look athow you would make the building accessible.

thebrother23

bossanova wrote: »

how does the DAC relate to existing buildings?

You will be required to apply for a DAC (after 1st Jan 2010) for an existing, non-domestic building, ONLY where there are changes made to the building that affect the layout or facilities, e.g. extensions, ramps or toilets.

If you're adding an extension, technically (like a fire cert) the application will only apply to the extension. However, in practice (like a fire cert) the building control officer will possibly look at the overall building and seek improvements throughout.

M2Shoes

All,
Please note that with all this confusion on the requirements for the new Fire Certs processes, and the Disability Access Certs, which came in to effect on the 1st January 2010, I would like to point out the following:

• A Material Change of Use to a Building requires a new Fire Safety Application, and by default now would require a Disability Access Certificate - However, under the Building Regulaitons (note: note the Building Control Regulations, as revised), Part M (i.e. Disabled Access) does not apply - therefore, a Disability Access Certificate is not required.Having spoke to one LA, they have noted that a letter to that effect (without €800) will suffice.
• A Material Alterations to certain Buildings (e.g. places of assebly, hospitals, shopping centres, flats, etc) requires a new Fire Safety Application, and by default now would require a Disability Access Certificate - However, under the Building Regulaitons (note: note the Building Control Regulations, as revised), it is required that the works "cause no new or greater contravention to the Building Regulaitons" in the existing building, i.e. whilst a DAC would have to be applied for; compliance is not required unless you are making matters of Part M worse than existing.
• As the DAC requirements came into effect on the 1st January 2010, the applicaiton of a 7-Day Notice FSCA is now invlaid - as the DAC requires that no works commence unless and until the DAC has been granted (I have already heard from one LA that they are rejecting 7 Day Notices that do not have a DAC).

I hope this provides useful in the current mess that the new Building Control Regs 2009 has created.

zelemon

What happens if there is an exisiting fire cert dating back from ten years ago ro so & you make minor alterations to the building? dooes that require a new fire cert or revised FSC?

M2Shoes

Zelemon,
Where the building or premises has already obtained a FSC (be it last year or way back when they came in in 1992), then any material alteration that would require a FSC by virtue of the alterations (i.e. alterations to a shop/storage/industrial dont require a FSC for alterations, but the likes of flats, pubs, restaurants, etc do) would necessitate a Revised Fire Safety Certificate Applicaiton (Article 20B(1)(ii)) of new BCR 2009.