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Must a <40m2 extension be Building Regs compliant?

  • 22-06-2020 8:57pm
    #1
    Posts: 0


    I've recently been researching purchasing a home in rural Ireland. Nothing bought yet; just trying to understand my options.

    I see it often said that modular/timber frame/prefabricated homes are not cheaper then traditional bricks and mortar.

    However is it the case that a planning permission exempt (<40m2) extension does not have to be Building Regulation compliant? If so, it seems such a modular/timber frame/prefab extension could be done quite cheaply.

    My idea is that if I buy a house that needs full refurbishment, I could get such an extension in quite quickly. The extension would provide some modern living while I do the refurbishing works over a couple of years.

    Any rough guide would be appreciated on what a 40m2 cheap and cheerful extension would cost with wired for electricity.

    Also a side Q, would a veranda off the side of a house or freestanding gazebo use up part of the <40m2 extension or <25m2 shed exemptions?


Comments

  • Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    I've recently been researching purchasing a home in rural Ireland. Nothing bought yet; just trying to understand my options.

    I see it often said that modular/timber frame/prefabricated homes are not cheaper then traditional bricks and mortar.

    However is it the case that a planning permission exempt (<40m2) extension does not have to be Building Regulation compliant? If so, it seems such a modular/timber frame/prefab extension could be done quite cheaply.

    My idea is that if I buy a house that needs full refurbishment, I could get such an extension in quite quickly. The extension would provide some modern living while I do the refurbishing works over a couple of years.

    Any rough guide would be appreciated on what a 40m2 cheap and cheerful extension would cost with wired for electricity.

    Also a side Q, would a veranda off the side of a house or freestanding gazebo use up part of the <40m2 extension or <25m2 shed exemptions?

    Building regulations and planning regulations are completely separate pieces of legislation.

    Just because you don’t need planning permission, doesn’t exempt it from the requirement to comply with building regulations. It still has to comply with the full rigours of the current building regulations.

    The veranda would fall under the shed/store/garage exemptions in my opinion.


  • Posts: 0 [Deleted User]


    Thanks for the speedy response Gumbo though you have made me a bit confused.

    Is it not the case that, for a <40m2 extension, I can decide not to have it certified as building regulations compliant?

    The cost of certification alone is, what, a third of overall costs?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    If I recall correctly, one of the general conditions for an exempt development is that whatever is done must comply with applicable building regulations. Thus, if it's not compliant with building regulations, it's also not exempt.

    Having said that, this is only a problem if (a) the local authority takes enforcement action or (b) you are trying to sell the property with a noncompliant unapproved structure on it.

    In the circumstances that you describe, would you consider putting up your noncompliant unapproved extension, using it while the refurbishment works are ongoing, and then taking it down again? Any objection to your noncompliant unapproved extension is answered by its demolition, and when you come to sell the property it no longer has a noncompliant unapproved development on it.


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Thanks for the speedy response Gumbo though you have made me a bit confused.

    Is it not the case that, for a <40m2 extension, I can decide not to have it certified as building regulations compliant?

    The cost of certification alone is, what, a third of overall costs?

    Its illegal to use non building reg compliant works.

    There is a strict list of works which are exempt from building regs here (see third schedule) :

    http://www.irishstatutebook.ie/eli/1997/si/497/made/en/print#sched3

    Also, are you building it from cardboard if the cost of certification is a third of overall costs?? That doesn't add up at all.

    Certification for <40 sq m extension should be quite simple, once you've built it correctly


  • Posts: 0 [Deleted User]


    Thanks guys - I'm learning something new with every step here.

    In hindsight, the topic wasn't a great choice of words. I've no interest in doing anything illegal or avoiding any requirements that are there for my own safety.

    However I'll be 6 feet under when they sell this place, so I'll let others worry about that.

    I guess it's a grey area: is going through proper design and inspection with regulated providers really worth your while for a basic 40m2 extension?

    If choosing not to get a certificate just means I'll have some government official knocking on my door and putting me through the ringer. Cutting holes in my walls to see how thick my insulation is and what not, then probably not worth the hassle.


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  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Why would you not do it right in the first place??

    Why are you even considering building something that isn't up to standard?


  • Registered Users, Registered Users 2 Posts: 31,220 ✭✭✭✭Lumen


    A professionally-built cheap extension is a bad idea. It'll be neither cheap enough to be disposable nor good enough to keep.

    You'd be better off getting an insulated, wired, plumbed steel shed put in (<10k) and then keeping it for tools, hobbies etc afterwards.


  • Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    Thanks guys - I'm learning something new with every step here.

    In hindsight, the topic wasn't a great choice of words. I've no interest in doing anything illegal or avoiding any requirements that are there for my own safety.

    However I'll be 6 feet under when they sell this place, so I'll let others worry about that.

    I guess it's a grey area: is going through proper design and inspection with regulated providers really worth your while for a basic 40m2 extension?

    If choosing not to get a certificate just means I'll have some government official knocking on my door and putting me through the ringer. Cutting holes in my walls to see how thick my insulation is and what not, then probably not worth the hassle.

    No, it’s not a grey area. You are choosing to bury your head in the sand and not accept the answers to the questions you asked.

    The planning exempt extension must comply with the technical requirements of the building regulations. Full stop.




    Now, I have a feeling your getting confused with Commencement Notices, assigned Certifier and issuing Certs of compliance though the BCMS which is not applicable for exempted development.


  • Posts: 0 [Deleted User]


    Gumbo - do u not think u are being a bit harsh? I didn't bury my head in the sand - I accepted what you said and asked another question.

    I may well be getting confused and if so I'd like to clarify. I've read several articles from the SEAI, the Irish Times and building companies on this and they all say the same thing:

    The Building Regs do not require A <40m2 extension to have:

    1. Appointment of Assigned Certifier (Registered Architect, Surveyor, Chartered Engineer)

    2. Certificates of compliance at both commencement and completion

    3. Inspection plans

    4. Drawings for building control purposes

    Not having a compliance certificate may cause difficulty selling your home and/or the local authority may check that the extension is Building Reg compliant.

    Is there anything confused or wrong about the above?

    As I have already accepted, the savings may not be enough to make a significant difference on price. That remains to be seen but it looks to me I might be able to shave off eur5k - eur10k.


  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    Garry I feel your pain.

    Unfortunately the retarded Irish system doesn't explain that regardless of Your above List, you still must comply with With building regulations and Submit a commencement notice. And without some independent representation designing and certifying the extension you will struggle to comply with building regulations, leading to trouble selling or remortgaging etc. There can also be other factors for example shared drains that may need planning regardless of the 40msq exempted dev regs.


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  • Posts: 0 [Deleted User]


    Thanks, it's a lot to take in but, as I say, it's something I only plan on doing once. As Lumen helpfully points out, the option to use a fancy 25m2 shed is there. Though not being able to put beds in the shed is a big downside.

    I haven't really gotten to grips with commencement notices yet, but it seems that a <40m2 notice can be short form and not include additional documentation.


  • Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    Gumbo - do u not think u are being a bit harsh? I didn't bury my head in the sand - I accepted what you said and asked another question.

    I may well be getting confused and if so I'd like to clarify. I've read several articles from the SEAI, the Irish Times and building companies on this and they all say the same thing:

    The Building Regs do not require A <40m2 extension to have:

    1. Appointment of Assigned Certifier (Registered Architect, Surveyor, Chartered Engineer)

    2. Certificates of compliance at both commencement and completion

    3. Inspection plans

    4. Drawings for building control purposes

    Not having a compliance certificate may cause difficulty selling your home and/or the local authority may check that the extension is Building Reg compliant.

    Is there anything confused or wrong about the above?

    As I have already accepted, the savings may not be enough to make a significant difference on price. That remains to be seen but it looks to me I might be able to shave off eur5k - eur10k.

    It may appear you are mixing up the Building Regulations and the Building Control Regulations.

    If you don’t need planning, up I don’t need a notice but you still need to comply with the technical guidance documents.


  • Registered Users, Registered Users 2 Posts: 34,730 ✭✭✭✭Penn


    Thanks, it's a lot to take in but, as I say, it's something I only plan on doing once. As Lumen helpfully points out, the option to use a fancy 25m2 shed is there. Though not being able to put beds in the shed is a big downside.

    I haven't really gotten to grips with commencement notices yet, but it seems that a <40m2 notice can be short form and not include additional documentation.

    Correct. However, as others have stated, all new works must still comply with the building regulations. In the case of exempted development you're simply not required to prove to the council how you're going to achieve that, or details of who will be certifying the works.

    But when it comes to 10, 20, 30+ years down the line and you or your children wish to sell or whatever, the prospective buyers are going to look for two things regarding the extension; an Opinion of Compliance with Planning Permission (in this case someone certifying that the extension complies with planning in that it doesn't require planning as it's an exempted development), and an Opinion of Compliance with Building Regulations. The first is easier to do and can be done many years after construction. Compliance with Building Regulations however can only truly be done at the time of construction with someone certifying that they inspected the works during construction and it complies with building regulations.

    If you don't get one during construction, then further down the line any attempt to get one will be heavily caveated and based on an external visual inspection only. It might satisfy some buyers, but not others.

    Regardless, if you feel it's going to cost you the equivalent of a third of the construction costs, you either need to get cheaper quotes from other certifiers, or more expensive quotes from other builders, and it must be pointed out that not having someone experienced overseeing the works increases the chances of construction issues further down the line which could be more costly to fix after the fact than during construction.


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Gumbo - do u not think u are being a bit harsh? I didn't bury my head in the sand - I accepted what you said and asked another question.

    I may well be getting confused and if so I'd like to clarify. I've read several articles from the SEAI, the Irish Times and building companies on this and they all say the same thing:

    The Building Regs do not require A <40m2 extension to have:

    1. Appointment of Assigned Certifier (Registered Architect, Surveyor, Chartered Engineer)

    2. Certificates of compliance at both commencement and completion

    3. Inspection plans

    4. Drawings for building control purposes

    Not having a compliance certificate may cause difficulty selling your home and/or the local authority may check that the extension is Building Reg compliant.

    Is there anything confused or wrong about the above?

    As I have already accepted, the savings may not be enough to make a significant difference on price. That remains to be seen but it looks to me I might be able to shave off eur5k - eur10k.

    yep, your getting "building regulations" and "building control regulations" mixed up.

    you dont need to comply with the BCARS (building control amendment regulations) and you can submit a commencement notice without documentation.

    however you absolutely have to comply with all "building regulations"


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