Building Control Regulations 1997

9

F15 [ Form of Commencement Notice

9. (1) A commencement notice shall be

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

( b ) subject to paragraph (2) , accompanied by

(i) 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

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

(II) a schedule of such plans, calculations, specifications and particulars as are currently designed or as are 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

(ii) the following certificates and notices in the appropriate forms set out in the Second Schedule

(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,

F16 [ (V) a Certificate of Compliance (Undertaking by Builder). ]

(iii) F17 [ ]

F18 [ ( c ) such fee as is required under Part V . ]

F19 [ (2) Subject to paragraph (5) , the requirements of paragraph (1)( b ) 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) If, for whatever reason, having submitted the commencement notice in respect of works or a building subject to paragraph (1)( b ) , 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 by submitting, electronically or otherwise, the appropriate notices of assignment and forms of undertaking referred to under paragraph (1)( b ) reflecting the up-to-date arrangements in this regard.

(4) If, for whatever reason, a change of ownership of works or a building subject to paragraph (1)( b ) 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 the works. ]

F20 [ (5) Notwithstanding the provisions of subparagraphs (2)( a ) and (2)( b ) , in the case of a new single dwelling, on a single unit development, or an extension to a dwelling, a commencement notice may, as an alternative to the requirements at subparagraphs (1)( b )(i)(IV), (1)( b )(ii)(I), (1)( b )(ii)(II), (1)( b )(ii)(III) and (1)( b )(ii)(V) be accompanied by a Declaration of Intention to Opt Out of Statutory Certification. This declaration shall be made by the owner via the Building Control Management System or on the appropriate form set out for that purpose in the Second Schedule. ]

Annotations

Amendments:

F15

Substituted (1.03.2014) by Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), art. 7, in effect as per art. 2.

F16

Substituted (1.03.2014) by Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014), art. 6(a), in effect as per art. 2.

F17

Deleted (1.03.2014) by Building Control (Amendment) (No.2) Regulations 2014 (S.I. No. 105 of 2014), art. 6(b), in effect as per art. 2.

F18

Inserted (1.03.2014) by Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014), art. 6(c), in effect as per art. 2.

F19

Substituted (1.09.2015) by Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015), art. 6(a), in effect as per art. 2.

F20

Inserted (1.09.2015) by Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015), art. 6(b), in effect as per art. 2.

Editorial Notes:

E5

Previous affecting provision: art. 9 substituted (1.03.2014) by Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013), art. 3(3), in effect as per art. 2; revoked on same date (1.03.2014) by Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), art. 18, in effect as per art. 2.