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Your Obligations

The Building Control Acts 1990 & 2007

Your obligations under The Building Control Acts 1990 & 2007 and Regulations thereunder, and European Communities (Energy Performance of Buildings) Regulations 2006 - 2008

It is a legal requirement that buildings must be designed and built in accordance with the Building Regulations. The primary responsibility for compliance with regulations rests with the designers, builders and building owners.

Under current legislation, the Building Control Authority has discretionary powers which include the right to inspect works, the right to request information relating to the works, power of enforcement in relation to non-compliance with the Building Regulations and power to prosecute for non-compliance, either by summary or High Court proceedings. The Building Control Authority may decide to enter your development site in order to inspect the works in question. It should be noted that the power of inspection granted to building control authorities under the legislation is discretionary, and does not impose an obligation to inspect.

There are heavy penalties, including fines and imprisonment, for breaches of the regulations. In addition, when it comes to selling your property, you may have difficulties if you cannot satisfy the purchaser's solicitor that the requirements of the regulations have been met.

You should have your building checked for compliance with the Building Regulations at various stages of construction by a competent person.

The European Communities (Energy Performance of Buildings) Regulations 2006 – 2008, requires that when a building is constructed, sold or rented a Building Energy Rating (BER) will be required at the point of sale or rental of a building, or on completion of a new building.

Remember:

The primary responsibility for compliance with the requirements of the building regulations rests with the designers, builders and building owners. You must ensure that your building is checked for compliance. No one else will do that for you.

Employ a competent designer and a competent supervisor to oversee the construction.

All buildings require a Building Energy Rating Certificate. You may be required to provide the Building Control Authority with a copy of the BER Certificate & Advisory Report.

The information below provides you with a guideline of the regulations. It is not a detailed review and is not a definitive legal interpretation of building control law. You should employ a competent designer and a competent supervisor to provide you with professional advice and to oversee the construction.

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