Information Sheet 47

CLIENT RESPONSIBILITIES UNDER THE NEW BUILDING CONTROL (AMENDMENT) REGULATIONS

The new Building Control (Amendment) Regulations, BC(A)R, will apply to most building works (including new houses, housing and apartments, house extensions over 40m², schools, factories, offices, shops, hospitals and other government investment projects) that start on site from 1^st March 2014.

From this date, all building types, except for extensions to domestic dwellings of less than 40m², are included in the BC(A)R 2014, and may only be designed and certified by a Registered Architect, Chartered Engineer and Chartered Building Surveyor.

Under the new Regulations you, as the Building Owner, must:

Give a written undertaking on a statutory form to the Building Control Authority to appoint a competent Design Team (and Design Certifier) to design the new building in accordance the Building Regulations.
Give a written undertaking on a statutory form to the Building Control Authority to appoint a competent Builder to construct the new building in accordance the Building Regulations.
Give a written undertaking on a statutory form to the Building Control Authority to appoint a competent Assigned Certifier who will prepare an Inspection Plan, inspect and certify, with the Builder, that the new building, when complete, is built in accordance the Building Regulations.

The Design Certifier and the Assigned Certifier must be a Registered Architect, Chartered Engineer or Chartered Building Surveyor.

Under the new Regulations the following procedures must be followed:

Before Construction commences:

14-28 days before construction of the Building commences, the Building Owner must issue a statutory Commencement Notice to the Building Control Authority.
With the Commencement Notice the Design Team must issue a Statutory Certificate, with back up drawings and information, confirming the Building is designed in compliance with the Building Regulations.
The Assigned Certifier must issue an Inspection Plan to the Building Control Authority.
The Builder must sign and issue a Statutory Certificate confirming that he will construct the building in accordance with the Building Regulations.

During Construction:

The Assigned Certifier will implement the Inspection Plan with the Builder i.e. he will inspect the works as they progress.
The Assigned Certifier will collate certificates, sub-certificates, ancillary certificates, warranties and tests as set out in the Inspection Plan, with the Builder.
The Assigned Certifier will respond to requests for additional information by the Building Control Authority.

Completion:

3 -5 weeks prior to the Completion date for the project the Assigned Certifier and the Builder must co-sign the Statutory Completion Certificate and lodge it with the Building Control Authority.
Note that the Building will not be permitted to be occupied, used or rented, without the building being placed on the Building Control Authority Register.

Given the publication dates of S.I. 9 of 2014 and the Code of Practice, and the consequential significant changes in the way that the design building processes will work, we are not yet in a position to advise you on the full implications of the regulations until the system is fully up and running, however, it should be noted that the new processes and professional appointments will require additional time and resources from the Architect and these will have an impact on project costs.