When you are buying or selling a home in Ireland, you may have read about Building Regulation Compliance and the importance of it.
The Building Regulations are a set of rules that were enacted under the Building Control Act 1990, which came into effect on the 1/6/1992. The regulations are a statutory set of rules for building in Ireland and apply to all property and works undertaken after that date.
When buying or selling a property, compliance with the building regulations needs to be determined, or if they even apply. Often times this is established by an “opinion on compliance” that is issued by an Engineer or Architect. This is a written document of opinion, that states when the property was built and certifies the “design and construction” of the property with the building regulations.
It sounds simple, but it is very complex! There are many changes and revisions to the Building Regulations, and when surveying a property it is critical to establish when it was built, to determine what Building Regulations apply.
The Building Regulations are generally listed in “Technical Guidance Documents”. These documents are a set of books that are published by the Government of Ireland and are listed from A through M, as follows:
TGD A - Structure
TGD B - Fire Safety
TGD C - Site preparation and resistance to moisture.
TGD D - Materials and Workmanship
TGD E - Sound
TGD F - Ventilation
TGD G - Hygiene
TGD H - Drainage and waste water disposal
TGD J - Heat producing appliances
TGD K - Stairways, Ladders, Ramps and Guards
TGD L - Conservation of fuel and energy
TGD M - Access and Use
How does a property surveyor determine what building regulations apply?
A good surveyor will have undertaken a planning search to determine the year of construction. After the 1/6/1992 all developments should have a “commencement notice” document, and from this, the applicable building regulations can be established.
A survey of a property is a superficial inspection of the building. A surveyor looks at the walls, floors, windows and doors and all of the visually accessible items. The applicable regulations are then applied and evaluated for compliance, based on the construction date (or commencement date).
What happens if there are noncompliant works built?
Noncompliance with the Building Regulations can happen by mistake or from deliberate actions. Sometimes there can be a different interpretation of the regulations, and issues can arise if these interpretations differ substantially from the fundamental requirements of the regulations.
This is why when works are certified they are issued as “opinions on compliance”, as they are the opinion of the Engineer or Architect with the requirements of the building regulations.
On an “opinion of compliance”, sometimes noncompliant items may be listed on the certificate and excluded from compliance. When this is done, the certificate is referred to as a “qualified opinion”. In cases of a qualified opinion, your Solicitor may have to refer this to the lending agency/bank (if there is one involved in the sale). The lending agency will then evaluate the risk and determine if they will lend or not.
My Engineer Ltd are reluctant to issue a qualified opinion, it is regarded as a last resort in terms of compliance. As a general rule, we apply the following standards:
If the noncompliant works are trivial, do not affect the structure or safety of the property, then we may qualify the opinion.
If the noncompliant works are directly related to safety, fire safety and fire escape, we will not certify the property. This is non-negotiable.
What are the typical noncompliant works found when surveying a property?
There are many, but the following is a brief list of defective works that we have found to be problematic from recent inspections in Galway and Mayo:
Noncompliant fire escape windows from a bedroom - TGD B.
Noncompliant replacement bedroom windows in older home - TGD B. New works include replacing windows!
Attic converted, no fire escape window provided - TGD B.
Attic converted, house was three storey, no fire escape windows provided. Stairs was not enclosed with fire construction or fire doors - TGD B & K.
Apartment had fire door closers removed, intumescent seals were painted over - TGD B.
Fire detection and alarm system was damaged - TGD B.
Stairs had an open rise, with a gap over 100mm which is dangerous for children under 5 - TGD K.
Stairs in house discharged through a kitchen and was greater than 4.5m to an outside escape door - TGD B & K.
House had vaulted kitchen ceiling that linked to upstairs hallway, leaving no fire separation - TGD B & K.
What about Building Regulation compliance after the 1st March 2014?
This is where things get even more complicated! The Building Control (Amendment) Regulations came into effect on 1/3/2014 (under S.I. No. 9 of 2014). They are often referred to as the BCAR regulations.
They were brought in to ensure that there was a strong level of compliance certification for all new buildings or works built after that date. It is akin to a farm-to-fork approach for new buildings!
The client appoints an “Assigned Certifier” to oversee the construction of the building. This can be a registered Engineer, Architect or Building Surveyor. The design of the building is also inspected and certified by a “Design Certifier”, who can be the same as the Assigned Certifier. The works are then built by a registered builders.
The key differences in this new system is that all materials are certified for conformity. Works are certified for design and construction. Each trade is responsible for their work and issue “Ancillary Certificates” for their work when it is built (at each stage). So, each trade certifies what they do.
My Engineer Ltd regards this new system as being very good and effective at delivering compliant homes to the Irish Market. However, there is a system to “opt-out” of this compliance for one-off homes built for private use. My Engineer Ltd does not agree with the use of “opt-out” as a process of compliance and we take a hard line for compliance when surveying such properties, to safeguard our clients, as we have noted a higher level of noncompliance with opt-out properties.
Are any works exempt from BCAR regulations?
Yes, there are exemptions for domestic extensions under 40m2. It is to be understood that this does not mean exempt from building regulation compliance, it is just exempt from the procedural matters of the Building Control (Amendment) Regulations only.
When buying or selling a property in Galway or Mayo, it is important to have your position with building regulation compliance clarified. Noncompliance with the regulations could become a problem and delay or restrict the sale of a property. It may also mean that you have to do work to the property to bring it into compliance, and there could be cost implications in this regard.
