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BCAR Ireland: Building Control Amendment Regulations

8. Completion Stage

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8.1 Submission at completion

At completion stage, the Assigned Certifier is required to submit the following to the Building Control Authority:

(a) a Certificate of Compliance on Completion signed by the Builder (at Part A) and by the Assigned Certifier (at Part B);

(b) plans, calculations, specifications and particulars, showing how the completed building has achieved compliance with the Building Regulations must be lodged on the Building Control Management System when the Certificate of Compliance on Completion is submitted or at an earlier date. Where design documents have changed or supersede design documents previously lodged with the Building Control Authority with the Commencement Notice or at a later date, any such difference should be clearly identified;

(c) the Inspection Plan as implemented by the Assigned Certifier in accordance with this Code of Practice.

NB: The Certificate of Compliance on Completion must be validated and registered by the Building Control Authority before the building it relates to may be opened, used or occupied. If rejected by Building Control Authority within 21 days, the certificate is not valid.

8.2 Validation and Registration of Certificate

Where a Certificate of Compliance on Completion is received by a Building Control Authority, the Authority should validate the certificate and place it on the register where it is in order to do so within 21 days. The validation process will include checking that the certificate was properly completed and signed by the appropriate persons i.e. the Assigned Certifier and the Builder. The authority will check that there are no unresolved matters in relation to requests for information, enforcement notices or conditions attaching to Fire Safety Certificates, Disability Access Certificates, etc.

It is not appropriate for the Building Control Authority to commence a technical assessment at this stage.

On receiving the certificate and accompanying documents, the Building Control Authority will:

(a) record the date of receipt of the certificate (this should be done online);

(b) within the next 21 days consider whether the certificate is valid and:

1) if valid, include details of the certificate on the statutory register,

2) if the certificate is regarded as not being valid, the Building Control

Authority will reject the certificate and notify, giving reasons, the Assigned Certifier that the certificate cannot be accepted or require the Assigned Certifier to submit such revised certificate or additional documentation as may be deemed necessary by the authority for the purposes of validation.

(c) where the Building Control Authority does not validate or reject a certificate or seek a revised certificate or additional documentation within the 21 day period, the certificate will be placed on the Register automatically. A
development, where the Certificate of Compliance on Completion has been registered will be deemed to comply with the certification procedures of the Building Control Regulations 1997 to 2015 if it has not been rejected by the
Building Control Authority within the statutory 21 day period;

(d) if the Building Control Authority requires a revised Certificate or further documentation to be lodged, and such revised certificate or documentation is submitted, the Building Control Authority may, within 7 days of the date of the
submission, seek additional clarification in relation to the revised certificate.

Where additional clarification is not sought by the Building Control Authority within this seven day period, the Building Control Authority will include details of the Certificate of Compliance on Completion on the statutory Register.

8.3 Nominated Date for Registration of Certificate

(a) Between 3 and 5 weeks prior to a nominated completion date for the building, the Assigned Certifier may submit the required documentation demonstrating compliance and the Inspection Plan to the Building Control Authority and ask the Authority to proceed to consider the validity of the prospective Certificate of Compliance on Completion with a view to facilitating the inclusion of the details of the Certificate of Compliance on Completion on the statutory register on the nominated date.

(b) The Building Control Authority at that point arranges to undertake its validation checks and satisfy itself that there are no unresolved matters in relation to requests under Section 11 of the Act or enforcement notices or conditions
attached to Fire Safety Certificates, Disability Access Certificates, etc.

(c) The Building Control Authority will also check the names of the Assigned Certifier and Builder as provided. Where the authority is not satisfied that matters are in order it will notify the Assigned Certifier that a Certificate of Compliance on Completion cannot be accepted and give reasons why.

d) Where the Building Control Authority is satisfied that all requirements in relation to the submission of documentation have been met and where a valid Certificate of Compliance on Completion (that is consistent with the project described in the relevant Commencement Notice and the documentation submitted 3 to 5 weeks earlier and signed by appropriate persons notified as having been assigned to act as Builder and Assigned Certifier) is presented no later than one working day prior to the nominated date, the Certificate of Compliance on Completion will be
included on the statutory register on the nominated date.

8.4 Phased Completion

For buildings that are completed for occupation on a phased basis for example houses or apartment blocks, it is appropriate that Certificates of Compliance on Completion for each phase may be submitted separately. In this regard, it should be noted that a Certificate of Compliance on Completion may refer to works, buildings, including areas within a building, or developments, including phases thereof. In such circumstances, one or more certificate of compliance on completion may be referenced to a single Commencement Notice. All Builders and Assigned Certifiers signing Certificates of Compliance on Completion should clearly identify the precise building units or works to which it relates. Where it is in order to do so, the Building Control Authority should accept the certificate for the particular phase and place it on the register.

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