Building Control Regulations 1997

20A

F29 [ 7 Day Notice.

20A. F30 [ (1) ( a ) A 7 day notice shall be submitted to a building control authority in respect of:

(i) all works or buildings to which Part III applies, pursuant to article 11(1) of these Regulations, and

(ii) where it is proposed to commence work before grant of the relevant fire safety certificate.

( b ) A 7 day notice referred to in paragraph (a) shall be submitted not less than 7 days in advance of commencement of work.

(2) ( a ) A 7 day notice shall be—

(i) filed electronically on the Building Control Management System or set out in the form for that purpose included in the Third Schedule ,

(ii) subject to subparagraph (b) , accompanied by—

(I) a valid application for a fire safety certificate from the applicant filed electronically on the Building Control Management System or set out in the form specified for that purpose in the Third Schedule and accompanied by such plans and particulars as required under articles 13(2)(a) and 13(2)(b) ,

(II) a 7 day notice statutory declaration in the form specified for that purpose in the Third Schedule ,

(III) 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 relevant to the works or building concerned, and including—

(A) general arrangement drawings including plans, sections and elevations,

(B) a schedule of such plans, calculations, specifications and particulars as are currently designed or as are to be prepared at a later date,

(C) the completion of an online assessment, via the Building Control Management System, of the proposed approach to comply with the requirements of the Second Schedule to the Building Regulations,

(D) the preliminary Inspection Plan prepared by the Assigned Certifier,

and

(IV) the following certificates and notices in the appropriate forms set out in the Third Schedule

(A) a Certificate of Compliance (Design),

(B) a Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier),

(C) a Certificate of Compliance (Undertaking by Assigned Certifier),

(D) a Notice of Assignment of Builder, and

(E) a Certificate of Compliance (Undertaking by Builder), and

(iii) accompanied by such fee as is required under Part V .

(iv) For the purposes of paragraph (2)(a)(ii)(II) , a copy of the 7 day notice statutory declaration may be submitted via the Building Control Management System.

(v) Where a copy of the 7 day notice statutory declaration referred to in article 20A (2)(a)(ii)(II) , has been submitted via the Building Control Management System, the applicant shall retain the original 7 day notice statutory declaration and shall produce the original 7 day notice statutory declaration for inspection where required to do so by the building control authority.

( b ) The requirements of paragraphs (2)(a)(ii)(III) and (2)(a)(ii)(IV) shall apply to the following works and buildings—

(i) the design and construction of a new dwelling,

(ii) an extension to a dwelling involving a total floor area greater than 40 square metres,

(iii) works to which Part III applies.

( c ) If, for whatever reason, having submitted the 7 day notice in respect of works or a building subject to paragraphs (2)(a)(ii)(III) and (2)(a)(ii)(IV) , a building owner changes either the person assigned to inspect and certify the works or the assigned builder, then the building owner shall within 14 days notify the building control authority of the change, electronically or otherwise, by submitting the appropriate notices of assignment and forms of undertaking as referred to under paragraph (2)(a) reflecting the up-to-date arrangements in this regard.

( d ) If, for whatever reason, a change of ownership of works or a building subject to the requirements of paragraphs (2)(a)(ii)(III) and (2)(a)(ii)(IV) inclusive occurs prior to completion, the new owner shall within 14 days notify the building control authority, electronically or otherwise, that they are now the owner of the building or works.

(3) ( a ) On receipt of a 7 day notice, a building control authority shall—

(i) consider whether the application is in compliance with the requirements of paragraph (2) , and

(ii) record the date of receipt of the notice.

( b ) Where a building control authority consider that a 7 day notice complies with the requirements of paragraph (2) , they shall send to the applicant an acknowledgment in writing stating the date of receipt of the notice.

( c ) Where a building control authority consider that a 7 day notice does not comply with paragraph (2) , they may within 7 days of receipt of the notice, as they consider appropriate having regard to the extent of the failure to comply with the said paragraph, by notice in writing —

(i) inform the applicant that the 7 day notice is invalid and cannot be accepted by the building control authority, or

(ii) require the applicant to furnish such further or amended plans, calculations, specifications, documents or particulars or such additional fee, as may be necessary to comply with the said paragraph.

( d ) Where a building control authority serve a notice in accordance with subparagraph (c)(i) , they shall return to the applicant the fee which accompanied the application, and

(i) where the application has been filed electronically on the Building Control Management System, delete the application and all the documents that accompanied the application, or

(ii) where the application has not been filed electronically on the Building Control Management System, return to the applicant, the application and all the documents that accompanied the application.

(4) Articles 15 to 20 shall apply mutatis mutandis as if any reference therein to an application or an application for a fire safety certificate were a reference to an application for a fire safety certificate which accompanied the submission of a 7 day notice under paragraph (2)(b) . ] ]

Annotations

Amendments:

F29

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 7, in effect as per art. 2.

F30

Substituted (1.07.2021) by Building Control (Amendment) Regulations 2021 (S.I. No. 229 of 2021), art. 8, in effect as per art. 2.

Editorial Notes:

E8

Previous affecting provision: paras. (2), (3)(a)(ii) substituted (1.03.2014) by Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), arts. 10, 11(a), in effect as per art. 2; article substituted as per F-note above

E9

Previous affecting provision: para. (3)(e) amended (1.03.2014) by Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), art. 11(b), in effect as per art. 2; article substituted as per F-note above.

E10

Previous affecting provision: art. 20A(2) substituted (1.03.2014) by Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013), art. 8, in effect as per art. 2; revoked on that date (1.03.2014) by Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), art. 18, in effect as per art. 2.