Your Obligations
The Building Control Acts 1990 to 2014
Under the Building Control Acts 1990 to 2014, it is a legal requirement that buildings are designed and built in accordance with the Building Regulations. The primary responsibility for compliance with regulations rests with the designers, builders and building owners.
There are heavy penalties for breaches of the regulations, including fines and imprisonment. 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, i.e. a person possessing appropriate and sufficient training, experience and knowledge.
Under current legislation, we have 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 Regulation.
- Power to prosecute for non-compliance.
We may decide to enter your development site in order to inspect ongoing works. It should be noted that the power of inspection granted to us under the legislation is discretionary and does not impose an obligation to inspect.
European Communities (Energy Performance of Buildings) Regulations 2012.
The European Communities (Energy Performance of Buildings) Regulations 2012, 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.
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.
Note: The information contained here is intended to present a guide and is not a definitive legal interpretation of the building control laws.