Kildare County Council is a Building Control Authority and has powers of inspection, enforcement and prosecution where breaches of the Regulations occur. The primary responsibility for compliance with the Regulations rests with Designers, Builders and Building Owners. The statutory powers for the Building Control Authority are outlined in the Building Control Regulations.
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.
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 certifier 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.
Technical Guidance Documents are published to accompany each part of the Building Regulations indicating how the requirements of that part can be achieved in practice.
Adherence to the approach outlined in a Technical Guidance Document is regarded, as evidence of compliance with the requirements of the relevant part of the Building Regulations.
Primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings.
Please click here for link to the Technical guidance documentation Technical Guidance Documentation link
Loft Conversion Guidelines - Fire Safety Guidance (2022)
The Department of Housing, Local Government and Heritage has published the Loft Conversion Guidelines - Fire Safety Guidance (2022).
Converting the roof space may be a convenient way of obtaining additional living space in an existing dwelling house, without extending into the garden. However there are many issues to be resolved before any works are carried out. Under the Building Control Act 1990 – 2020, there is a legal requirement placed on the owner / builder / designer to ensure that the finished works comply with the Building Regulations. This document highlights the principal issues (including fire safety) that need to be addressed when converting an attic / loft roof space in an existing dwelling house. The purpose of these fire safety requirements is to safeguard you and your family, should a fire occur in your home.
The guidance document can be found https://www.gov.ie/en/publication/b9d03-loft-conversion-guidelines/.
A Guide on the Marketing and Use of Aggregate Concrete Blocks to EN 771-3 in Ireland (April 2022)
The chain of custody of a construction product is only as strong as its weakest link. It is necessary for all those involved in the supply chain to adhere to their legal obligations under the Construction Products Regulation (CPR).
It is also important that the following are fully aware and informed of the performance requirements for aggregate concrete blocks regarding their end use in the construction of works or a building:
- end users
This Guide on the Marketing and Use of Aggregate Concrete Blocks to EN 771-3 in Ireland (April 2022) aims to facilitate clearer communication within the supply chain regarding the declared performance of essential characteristics, having regard to national provisions in Ireland.
Through clearer communication within the supply chain, specifiers, designers, builders, certifiers and end users should be more informed when specifying and choosing aggregate concrete blocks that are:
- fit for intended use
- suitable for the conditions in which they are to be used.
Appropriate specifications and choices will help secure compliance with the Building Regulations 1997 to 2021.