Building Control Regs 2020
Jurisdiction: Republic of Ireland
Commencement: 13th March 2020
Amends: Building Control Regulations 1997 to 2018
The Building Control Regulations 1997 to 2018 apply to new buildings, extensions, material alterations and changes of use of buildings. They detail, in relation to buildings, the health, safety and welfare of people, conservation of fuel and energy, and access for people with disabilities.
In order to relieve regulatory restrictions that could hinder the response to the Coronavirus (COVID-19) pandemic, the requirements of Parts II, III, IIIA (other than Article 20C), IIIB, IIIC and Article 43 (i.e. the majority) of the Building Control Regulations 1997 will not apply to the following where they are carried out by or on behalf of a State authority:
- the construction, extension, alteration, repair, or renewal of a building class given in Schedule 1; or
- a material change of use to the use of a building of a class given in Schedule 1.
The classes of buildings given in Schedule 1 are:
- Acute and other health and social care accommodation.
- Self-isolation short stay accommodation.
- COVID-19 and other step down accommodation (i.e. accommodation used for people discharged from hospital that still require care).
- Medical testing centre or laboratory.
- Emergency management coordination facilities.
- Mortuary facilities.
- Ancillary buildings and other accommodation, including storage facilities.
Where any of these works are carried out, the State authority must serve a notice to the building control authority in the area where the works are being carried out. The notice is a “works (COVID-19 crisis) notice” and should be on the form given in Schedule 2. The declaration form in Schedule 3 should accompany the notice.
A building authority in receipt of such a notice and declaration should notify the relevant State authority that the forms are complete and contain all information required, or they may request further information from the State authority.
The requirement to obtain a regularisation certificate for new or extended buildings which don’t have a fire safety certificate, in Article 20C of the Building Control Regulations 1997, does not apply to the types of work carried out above if the building is demolished within 12 months of the end of the period which these additional measures are in place for. This is currently the 9th November 2020 but the date may be amended via the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020).
The measures described in these Regulations will apply between 13th March 2020 and until 9th November 2020, unless otherwise amended.
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