Building Control Regulations 1997

20F

F41 [ Certificate of Compliance on Completion

20F. (1) Subject to paragraph (2) , a Certificate of Compliance on Completion shall be submitted to a building control authority and relevant particulars thereof shall be included on the register maintained under Part IV before works or a building to which Part II or Part IIIA applies may be opened, occupied or used.

F42 [ (2) Subject to paragraph (10) , the requirement for a Certificate of Compliance on Completion shall apply to the following works and buildings

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

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

( c ) works to which Part III applies. ]

(3) A Certificate of Compliance on Completion shall be

( a ) in the form specified for that purpose in the Sixth Schedule , and

( b ) accompanied by such plans, calculations, specifications and particulars as are necessary to outline how the works or building as completed

(i) differs from the plans, calculations, specifications and particulars submitted for the purposes of Article 9(1)( b )(i) or Article 20A(2)( a )(ii) as appropriate (to be listed and included at the Annex to the Certificate of Compliance on Completion), and

(ii) complies with the requirements of the Second Schedule to the Building Regulations, and

( c ) accompanied by the Inspection Plan as implemented by the Assigned Certifier in accordance with the Code of Practice referred to under Article 20G(1) or a suitable equivalent.

(4) On receipt of a Certificate of Compliance on Completion, a building control authority shall

( a ) record the date of receipt of the Certificate, and

( b ) consider within 21 days of the date of its receipt whether the Certificate of Compliance on Completion is valid having regard to

(i) the requirements of paragraph (3) above, and

(ii) the building control authority s own satisfaction that all enforcement notices, information requests and statutory processes, including any applications for certificates under Part III, Part IIIA or Part IIIB , relevant to the building concerned have been satisfactorily concluded.

(5) Where the building control authority considers that a Certificate of Compliance on Completion may not be valid having regard to paragraphs (3) and (4) , the building control authority may within 21 days of receipt of the certificate, write to the person who submitted the certificate and

(i) inform them, giving reasons, that the certificate does not comply with paragraphs (3) and (4) and cannot be accepted by the authority, or

(ii) require the person submitting the certificate to submit such revised certificate or such additional documentation as may be deemed necessary by the building control authority to accompany the certificate for the purposes of paragraphs (3) and (4) .

(6)(i) Where the building control authority considers the Certificate of Compliance on Completion to be valid having regard to paragraphs (3) and (4) , the building control authority shall, no later than 21 days of receipt of said certificate, enter particulars relating to the relevant certificate on the register maintained under Part IV and shall notify the person who submitted the certificate that particulars have been included on the register.

(ii) Notwithstanding paragraph (6)(i) , where a revised certificate or additional documentation has been required in accordance with paragraph (5)(ii) , the building control authority, on full receipt of such revised certificate or additional documentation as appropriate, may avail of a further period of 7 days within which to consider the validity of the certificate. On or before the expiry of said 7 day period the building control authority, if it considers that no further action is warranted pursuant to paragraph (5) , shall enter the relevant particulars on the register and notify the person who submitted the certificate as appropriate.

(7) A building control authority serving a notice in accordance with paragraph (5)(i) shall return to the person giving the certificate, the certificate and any documentation that accompanied the certificate.

(8) Where the plans, calculations, specifications and particulars comprehended under paragraph (3)(b) and the Inspection Plan comprehended under paragraph (3)(c) have been submitted to a building control authority on a date falling not more than 5 weeks and not less than 3 weeks prior to a nominated date on which a valid Certificate of Compliance on Completion is intended to be entered on the register, the building control authority shall at that point begin to consider the validity of a prospective Certificate of Compliance on Completion in accordance with paragraphs (3) and (4) so that the authority is in a position to include the details of the relevant Certificate of Compliance on Completion on the register on the nominated date provided that a valid Certificate of Compliance on Completion is received by the building control authority on a date not later than the date preceding the nominated date.

(9) A Certificate of Compliance on Completion may refer to works, buildings, including areas within a building, or developments, including phases thereof, and relevant details shall be clearly identified on the Certificate of Compliance on Completion itself and, subject to validation in line with the requirements at paragraphs (3) and (4) , on the register. ]

F43 [ (10) Notwithstanding the provisions of subparagraphs (2)(a) and (2)(b) , where a valid Declaration of Intention to Opt Out of Statutory Certification has been included on the public register in respect of a new single dwelling, on a single unit development, or an extension to a dwelling, then the provisions of Article 20F shall not apply. ]

Annotations

Amendments:

F41

Inserted (1.03.2014) by Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), art. 12, in effect as per art. 2.

F42

Substituted (1.09.2015) by Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015), art. 7(a), in effect as per art. 2.

F43

Inserted (1.09.2015) by Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015), art. 7(b), in effect as per art. 2.