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Commencement Notice

Building Control Commencement Notice

Important Information for persons preparing to commence Building Works

The new Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014) came into effect on 1st March 2014. These were further amended in 2014 (S.I. No. 105 of 2014) and 2015 (S.I. No. 243 of 2015 and S.I. 365 of 2015). Full details of the Regulations can be downloaded on http://www.environ.ie/en/DevelopmentHousing/BuildingStandards/

This advice note is aimed at those preparing to commence works to which the Building Regulations apply. You should carefully read the following information and take the necessary steps to ensure you comply with the requisite Regulations.(Please note that this advice note is for information purposes only and does not purport to be a legal interpretation of the legislation).

Commencement Notice (or 7 Day Notice)

Subject to certain exemptions, the Building Control Regulations require that, a Commencement Notice (or 7 Day Notice) is submitted for:

  • the erection of a building,
  • the material alteration or extension of a building, and
  • a material change of use of a building,

to which the Building Regulations apply.

It is a requirement that the Commencement Notice is submitted not less than 14 days and not more than 28 days before commencement of the works. A Commencement Notice cannot legally be submitted and placed on the public register outside this 14 to 28 day timeframe.

A commencement notice shall be filed electronically on the Building Control Management System (BCMS) or set out in the form for that purpose entitled ‘Form of Commencement Notice for Development’.

Commencement notices may be submitted online through the National Building Control Management System (BCMS) at https://www.localgov.ie/en/link-type/bcms

If you cannot upload the commencement notice on BCMS the documentation will be accepted by the Building Control Authority. An administrative fee will be charged for the scanning and uploading of the documentation on BCMS. Completed forms, and appropriate fee, may be posted to The Building Control Authority, Mayo County Council, Fire Station HQ, Humbert Way, Castlebar, Co. Mayo. The commencement notice forms may be downloaded here.

With effect from 1st of March 2014 the Commencement Notice (or 7 Day Notice) must be completed in full and signed by the owner of the works.

There are now three different procedures for submitting a commencement notice. These are set out below. You should carefully consider each in order to ascertain which procedure is the correct one for your development.

1. ‘Commencement Notice without Documentation’

A Commencement Notice without documentation, sometimes referred to as a ‘Short’ Commencement Notice, may be submitted for the following categories of development:

- Material Alteration of:

  • Shops
  • Offices
  • Industrial Units

Provided that a Fire Safety certificate is NOT required.

- An extension to a dwelling involving a floor area less than 40 square metres.

2. ‘Commencement Notice with Documentation’

A Commencement Notice with documentation, sometimes referred to as a 'Full' Commencement Notice, is required for the following categories of development:

  • the design and construction of a new dwelling
  • an extension to a dwelling involving a total floor area greater than 40 square metres
  • works to which Part III (Fire Safety Certificate) applies

The Commencement Notice must also be accompanied by the following:

(1) such plans, calculations, specifications and particulars as are necessary to outline how the proposed works or building will comply with the requirements of the Second Schedule to the Building Regulations. This includes—

(I) general arrangement drawings including plans, sections and elevations,
(II) a schedule of such plans, calculations, specifications and particulars as are currently designed or to be prepared at a later date,
(III) the completion of an online assessment, via the Building Control Management System, of the proposed approach to compliance with the requirements of the Second Schedule to the Building Regulations,
(IV) the preliminary Inspection Plan prepared by the Assigned Certifier, and

(2) the following certificates and notices in the appropriate forms—

(I) a Certificate of Compliance (Design),
(II) a Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier),
(III) a Certificate of Compliance (Undertaking by Assigned Certifier),
(IV) a Notice of Assignment of Builder,
(V) a Certificate of Compliance (Undertaking by Builder), and

(3) the appropriate fee.

If you cannot upload the commencement notice documentation on BCMS it will be accepted by the Building Control Authority. An administrative fee will be charged for the scanning and uploading of the documentation on BCMS. The online assessment and acceptance of roles must still be carried out via the Building Control Management System.

Note that;

  1. The Design and Assigned Certifier must be a Registered Chartered Engineer, or Registered Architect or Registered Building Surveyor.
  2. The builder must be competent to undertake the works in accordance with drawings and specifications supplied and with the building regulations. The Regulations do not prevent the owner from taking on the role of the builder.
  3. The drawings, calculations, specifications must outline how the proposed works or building will comply with the technical requirements of the Building Regulations.
  4. The drawings submitted for your planning permission are not for building control purposes and are not likely to be sufficient to demonstrate compliance with Building Regulations or to instruct a builder in the proper execution of the works.

3. ‘Commencement Notice with Documentation - Opt out Process’

Owners of new single dwellings, on a single development unit, and domestic extensions are permitted to opt out of the requirement to obtain statutory certificates reliant on the services of a registered construction professional. If the opt out option is taken there will be no requirement to have the single dwelling/extension designed, inspected and certified by a registered construction professional. In this instance the Commencement Notice must also be accompanied by the following:

- such plans, calculations, specifications and particulars as are necessary to outline how the proposed works or building will comply with the requirements of the Second Schedule to the Building Regulations. This includes -

  1. general arrangement drawings including plans, sections and elevations,
  2. schedule of such plans, calculations, specifications and particulars as are currently designed or to be prepared at a later date,
  3. the completion of an online assessment, via the Building Control Management System, of the proposed approach to compliance with the requirements of the Second Schedule to the Building Regulations, and

- the following certificates and notices in the appropriate forms—

  1. a Notice of Assignment of Builder,
  2. a Declaration of Intention to Opt Out of Statutory Certification, and

- the appropriate fee.

If you cannot upload the commencement notice documentation on BCMS it will be accepted by the Building Control Authority. An administrative fee will be charged for the scanning and uploading of the documentation on BCMS. The online assessment and acceptance of roles must still be carried out via the Building Control Management System.

‘7 Day Notice’

Where it is intended to avail of the 7 Day Notice application (works which require a Fire Safety Certificate) the application must also be accompanied by the documentation listed in 2. above in addition to a statutory declaration and a valid application for a Fire Safety Certificate.

“Certificate of Compliance on Completion”

For buildings which required a 'commencement notice with documentation' and new single dwellings, on a single development unit, and domestic extensions which did not 'opt out' a “Certificate of Compliance on Completion” is required to be lodged with the Building Control Authority on completion of the works. Such a Certificate shall be accompanied by the “Inspection Plan” as implemented by the Assigned Certifier and such plans, calculations, specifications and particulars as are necessary to outline how the works or building as completed differs from the plans, calculations, specifications and particulars previously submitted and complies with the Second Schedule to the Building Regulations.

Under the Building Control Regulations 1997 to 2015, where a “Certificate of Compliance on Completion” is required it must be lodged with the Building Control Authority and included on the Public Register before a building can legally be opened, occupied or used.

Further Information

Further information on the Building Control Act and Building Regulations has been provided on our website here.

The Department of Environment, Community and Local Government have produced an Information Note for Owners of new dwellings and extensions who opt out of Statutory Certification for building control purposes. This can be viewed at http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/FileDownLoad,42563,en.pdf

 

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