4.1 Certificates Required
As set out in the Building Control Regulations, certificates are required for certain buildings and works. The following four certificates are required to be submitted:
(a) the Design Certificate signed by the Design Certifier at the commencement stage;
(b) the form of Undertaking signed by the Assigned Certifier at the commencement stage;
(c) the form of Undertaking signed by the Builder at the commencement stage; and
(d) the Certificate of Compliance on Completion signed by the Builder and by the Assigned Certifier at completion stage.
4.2 Who can sign as the Design Certifier and/or as the Assigned Certifier
4.2.1 Assigned Certifier and Design Certifier
The following may be appointed and sign as the Assigned Certifier, provided they are competent in relation to the particular works involved:
(a) Architects that are on the register maintained by the RIAI under Part 3 of the Building Control Act 2007; or
(b) Building Surveyors that are on the register maintained by the SCSI under Part 5 of the Building Control Act 2007; or
(c) Chartered Engineers on the register maintained by Engineers Ireland under section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.
Similarly, the Design Certifier must be one of the above registered professionals and must be competent to carry out their design and to co-ordinate the design activities of others for the works concerned.
4.2.2 Ancillary Certifiers
Apart from the Assigned Certifier and Design Certifier there is likely to be a range of certifiers on most projects, including certifiers appointed by the Building Owner, by his design team and/or by the Builder. Ancillary certifiers may include:
Architects and Architectural Technologists/Technicians;
Consulting Engineers (especially structural/civil and mechanical/electrical) appointed by the Building Owner to design, inspect and certify the relevant elements of the works;
Designers (e.g. for piling, for mechanical/electrical work, for soil and waste pipework or for precast concrete elements) appointed by the Builder to design and certify the relevant elements of the works;
other competent technical and trade persons that install products and/or test on completion; and/or
the Builder, sub-contractors, suppliers and manufacturers, both in relation to certifying Design and Construction, and also in relation to components or assemblies supplied for the works, and/or in relation to tests.
Every certifier should exercise reasonable skill, care and diligence in the exercise of their duties.
4.3 Certificate of Compliance (Design)
The Design Certifier signs the Design Certificate that is lodged with the Commencement Notice and ensures that any necessary Ancillary Certificates from members of the design team are scheduled and lodged as necessary and
appropriate. The Design Certifier is responsible for co-ordinating and compiling and scheduling of the plans, calculations, specifications and particulars that are to be included on the schedule to be lodged at commencement and to which the Design Certificate relates. The lodgement of plans and documentation is dealt with below. Where elements of the Design have not been completed, these should be clearly set out with an undertaking that when complete, these too will be certified and submitted to the Building Control Authority.
The Design Certifier, in compiling the plans and documentation and in preparing the Design Certificate should review the scope of requirements of the Building Regulations that apply to the building work concerned. A Summary List of the requirements of the Building Regulations is provided in the Appendix.
4.4 Undertaking by Assigned Certifier
The Assigned Certifier, appointed by the Building Owner, gives an undertaking to coordinate the inspection of the works by themselves and others and to certify the works on completion.
The individual certifiers should undertake to inspect and to cooperate with the other members of the Building Owner’s design team in accordance with the Inspection Plan based on Section 7 below. They also provide the necessary Ancillary Certificates to the Assigned Certifier.
4.5 Undertaking by Builder
The Builder, appointed by the Building Owner, gives an undertaking to construct, to cooperate with the Assigned Certifier and to sign the Certificate of Compliance on Completion as required under the Building Control Regulations.
As part of this undertaking, the Builder should co-ordinate the work of specialist subcontractors and designers and should ensure that Ancillary Certificates of Compliance are provided.
4.6 Certificate of Compliance on Completion
The Assigned Certifier and the Builder sign the Certificate of Compliance on Completion, supported by Ancillary Certificates from other members of the design team and by certificates from specialist sub-contractors.
The Assigned Certifier lodges the following on the Building Control Management System with the Building Control Authority:
(a) the Certificate of Compliance on Completion, supported by a schedule of Ancillary Certificates from other members of the design and construction team; and
(b) such plans, calculation, specifications and particulars as are deemed necessary by the Assigned Certifier to show how the building as completed achieves compliance with the Building Regulations and, indicating clearly, wherever
applicable, how these documents differ from any documents submitted to accompany the Commencement Notice or submitted at a later date.
4.7 Change of Assigned Certifier and/or Builder
In the case of a change in the Assigned Certifier or the Builder during the project, the Building Owner is required to do the following:
(a) where the Assigned Certifier or the Builder notified at Commencement Notice stage withdraws from the project for whatever reason, the Building Owner should submit a new Notice of Assignment along with the relevant form of Undertaking signed by the new assignee;
(b) the new Assigned Certifier and/or new Builder should review the status of compliance of the work completed and deal appropriately with the findings from the review. This may involve consultation with the Building Control Authority.
In the event that the Assigned Certifier wishes to end their appointment or that it is being terminated by the Building Owner during the course of the works, the Assigned Certifier is required to provide to the Building Owner and to the Building Control Authority the records of inspection up to the date on which their appointment ends, along with any available certification of compliance of Design and/or Construction up to that date. Measures should be taken during the course of the building or works to ensure that matters relating to the payment of fees do not hinder this possible
eventuality.
A change of either the Assigned Certifier and/or the Builder will require liaison with the Building Control Authority, who are expected to advise and assist the relevant parties in relation to any action that may be required, having regard to the circumstances involved, in order that the building or works notified at commencement may be subject to a valid Certificate of Compliance on Completion.
This may involve a new Commencement Notice including a new Preliminary Inspection Plan, so as to enable both the Assigned Certifier and the Builder to appropriately describe the building or works for which they are responsible, and the basis upon which a Completion Certificate will be issued.
The new Preliminary Inspection Plan will set out the necessary agreed additional inspections, testing or reports, if any, to be carried out, so far as is reasonably practicable, on the already built works.
The Assigned Certifier and the Builder are required to notify the Building Control Authority before ceasing their role; other than where this is not physically possible, in which case the Building Owner is required to undertake this duty.
A change of Assigned Certifier or Builder during the course of the works is a significant alert to the risk analysis system of the Building Control Authority, which may trigger an inspection of the Design and other documents and a site inspection.
