SI 9 - how will solicitors react

4Sticks

We can see here.

Self build direct labour is over.

4Sticks

My emphasis

Self-building your home by direct labour – is this the end of the road?

The Department, in a press release announcing the new regulations, has said that
there was nothing new in the regulations that would prevent people building their
homes with direct labour. It went on to say that the people who engage in direct
labour or self-build will be able to continue to do so because there has been no
change in the Act or in the statutory obligations under the Building Control Act, 1990.
The Department pointed out that it was expecting a professional to sign off on the
work to the effect that is actually done in accordance with the papers that are lodged
and that it is up to a high standard, and that this would cost something between
€1,000 and €2,000. The Department indicated that this was a small cost to make sure
that things are done right for a home that might cost €100,000 or €150,000.

 This statement by the Department needs to be considered in the light of the new
regulations. It is certainly correct to say that a competent professional needs to be
involved and needs to certify the design, monitor the building at specified stages in
accordance with the Inspection Plan submitted with the Commencement Notice, and
also certify the completion of the building in accordance with the Building
Regulations.

 Under the Building Regulations the building owner has to certify the appointment of a
person as builder of the building and has to say that he is satisfied that they are
competent to undertake the works so assigned on his behalf. He then has to provide
the builder’s name, address and contact details and Construction Industry Register
Ireland registration number (where applicable).

 As mentioned above, there is as yet no Construction Industry Register. Until such a
register is in place, it seems that an owner could nominate him/herself as the builder
provided that he/she is prepared to say that he/she is satisfied that he/she is
competent to undertake the work. A self-build owner would then have to sign the form
of undertaking by the builder confirming to the Building Control Authority that he/she
was competent to undertake the work concerned and further undertaking to ensure
that any persons employed or engaged by him to undertake any of the works involved
would be competent to undertake such works. It is unlikely that most of the people
who self-build would be able to correctly say that they were competent to undertake
the work. The main contribution they would be providing would be a lot of hard labour
rather than expertise in building technology and they generally would rely on friends, neighbours and contacts with expertise such as electricians, block layers, plasterers,
roofers, etc. to provide the necessary expertise in these specialist areas.

 As mentioned above, it seems clear that the intention of the Department is that in due
course it will only be possible for an owner to appoint a registered builder under these
Regulations. It seems inevitable therefore that, from the date the register of builders
is put on a statutory basis, it will no longer be possible to self-build as we know it.

 In the meantime, however, a self-build owner will have to be willing to complete forms
as indicated above and to find an architect, engineer or surveyor that is willing to
undertake the task of acting as an Assigned Certifier - in most cases for a person with
no experience acting as a “builder”. Doing so will clearly increase the risk for the
architect, engineer or surveyor and such professionals would be best advised not to
undertake such a role in this sort of situation.

4Sticks

I smile at the diplomatic language used to describe the departments published views that it made about it's own legislation...