Technical Guidance Document vs Regulations

Glen_Quagmire

Is there any difference?

For example if a builder built a house and there were elements that didn't follow the Technical Guidance Documents are they by law required to make the issue right to comply with the TGDs?

Or are the TGDs just a guideline and not enforceable?

Gumbo

Glen_Quagmire wrote: »

Is there any difference?

For example if a builder built a house and there were elements that didn't follow the Technical Guidance Documents are they by law required to make the issue right to comply with the TGDs?

Or are the TGDs just a guideline and not enforceable?

The TGD’s are one way to show compliance.
There are other ways but they must be certified.

Yes they are enforceable.

Glen_Quagmire

kceire wrote: »

The TGD’s are one way to show compliance.
There are other ways but they must be certified.

Yes they are enforceable.

What would be the process to have them enforced if the builder didn't comply after notiting them that there was non compliance with some of the TGDs?

Is this a formal complaint into the local councils Building Control officer or how is it usually done?

Also, what part does the Assigned Certifer have in this is they signed off on a house that didn't comply with some of the TGDs?

Gumbo

Glen_Quagmire wrote: »

What would be the process to have them enforced if the builder didn't comply after notiting them that there was non compliance with some of the TGDs?

Is this a formal complaint into the local councils Building Control officer or how is it usually done?

Also, what part does the Assigned Certifer have in this is they signed off on a house that didn't comply with some of the TGDs?

Complaint to Building control.
AC should not have signed off on it and possible the building control authority could arrange a site inspection room with them to assertain its condition.

What’s the issue you are facing?

mad m

Inspection plan by AC?

Certifying works, look at section 7.1 and 7.3

Code of practice for inspecting and certifying building and works

BryanF

Glen_Quagmire wrote: »

Is there any difference?

For example if a builder built a house and there were elements that didn't follow the Technical Guidance Documents are they by law required to make the issue right to comply with the TGDs?

Or are the TGDs just a guideline and not enforceable?

Assuming domestic builder. Did the client in question ‘opt out of BCAR’?

Glen_Quagmire

No we didn't opt out of BCAR as far as we know, I assume this would have been an obvious thing and not something that we could have signed with our solicitor unknowingly..

We are getting condensation issues so on investigation we seen our extractor fans have long lengths of flexible duct, up to 5-6 meters on some of the ducts to the vent grille on the external walls.

Also, the fresh air vents have flexible ducts behind them which look to be bent around tight corners reducing the overall size of the duct.

The TGD says max length of flexible duct is 1.5m from an axial fan which our fan is. It also states that ducts should not be installed in such a way that will reduce the diameter of the duct as it affects the air flow and can cause condensation built up and mould.

Glen_Quagmire

mad m wrote: »

Inspection plan by AC?

Certifying works, look at section 7.1 and 7.3

Code of practice for inspecting and certifying building and works

Am I within my rights to request the inspection plan by the AC?

We are moved into the house 10 months now.

Gumbo

Glen_Quagmire wrote: »

No we didn't opt out of BCAR as far as we know, I assume this would have been an obvious thing and not something that we could have signed with our solicitor unknowingly..

We are getting condensation issues so on investigation we seen our extractor fans have long lengths of flexible duct, up to 5-6 meters on some of the ducts to the vent grille on the external walls.

Also, the fresh air vents have flexible ducts behind them which look to be bent around tight corners reducing the overall size of the duct.

The TGD says max length of flexible duct is 1.5m from an axial fan which our fan is. It also states that ducts should not be installed in such a way that will reduce the diameter of the duct as it affects the air flow and can cause condensation built up and mould.

BCAR has nothing to do with your solicitor. They have no involvement.
It’s the BCMS system. What role did you sign into and accept?

Did you build this house yourself or buy in a large estate?

mad m

See section 9. All records are to be archived for 6 years. It’s your house, you paid for it to be built according to the codes of practice, and building regs etc.

Glen_Quagmire

We bought in a large housing development in Dublin.

What would be the best approach to get the issues resolved?

Gumbo

Glen_Quagmire wrote: »

We bought in a large housing development in Dublin.

What would be the best approach to get the issues resolved?

Ok then this is different.
You bought through a developer.

You would have to chase the developer to rectify the issues and this may involve legal action and a professional survey on your property to present as evidence.

This is a topic that should be discussed with your solicitor.
The AC is not required to provide you with any info as you did not engage him, the developer did.