Certificates of compliance with Building Regulations

Following the introduction of the new Buildings Regulations (SI no 9 and SI no 105 of 2014), the Conveyancing Committee advises practitioners that they should seek a certificate of compliance in the following situations for individual houses, residential units in multi-unit developments, and extensions.

Houses and apartments where a commencement notice for works is lodged on or after 1 March 2014: The only certificate of compliance with the Building Regulations that will be required is a copy or a certified copy of the certificate of compliance on completion in the form prescribed in the sixth schedule to SI no 9, as registered with the Building Control Authority. If the register and the copy certificate are accessible to the public, a copy only is required. Otherwise a certified copy should be furnished.

Houses and apartments where a commencement notice for any works was served prior to 1 March 2014: A certificate of compliance with the Building Regulations will be required in one of the acceptable existing forms.

Extensions: (a) An extension of under 40 square metres to a dwelling is exempt from the new provisions in SI no.9, but must be built in accordance with the Building Regulations – in such cases, a certificate that the extension is exempt from SI no 9 will be required, together with a certificate of compliance in one of the acceptable existing forms; (b) certification for an extension of over 40 square metres to a dwelling should be similar to the requirements set out for houses and apartments (as detailed above), depending on whether the commencement notice is served before or after 1 March 2014.

The new Building Regulations have no impact on planning permissions, and certificates/opinions on compliance with planning will continue to be required in one of the acceptable existing forms.