Presentation on theme: "BUILDING AND DEVELOPMENT CONTROL Willie Hannigan."— Presentation transcript:
BUILDING AND DEVELOPMENT CONTROL Willie Hannigan
Taking Residential Developments in Charge (TIC) PeriodEstates TICNo. of residential Units 2008 to 2013916,400 On 1st January 2014, the Water Service function transferred from Local Authorities to Irish Water. As of that date Kildare County Council (KCC) is no longer a Water Service Authority.
Taking Residential Developments in Charge (TIC) S.59 (c) of Planning and Development Act 2010 states that a planning authority that is not a water services authority within the meaning of section 2 of the Act of 2007 shall not take in charge any sewers, watermains or service connections under paragraph (a)(i) or (b)(i), but shall request the relevant water services authority to do so. As of 1st January 2014 KCC cannot take water services infrastructure in charge. IW has indicated to KCC that they will not engage in taking in charge water services infrastructure until a protocol for the process is agreed and is in place.
Taking Residential Developments in Charge (TIC) A draft protocol has been circulated. The emerging protocol would divide the residential developments into 3 categories: Category 1Category 2Category 3 Builder still in place. Estate completed.TIC at request of builder. ACDs and CCTV Survey submitted. Snag list provided. Estate completed.TIC at request of residents. ACDs and CCTV Survey not submitted. Unfinished estate. SRP required for completion of estate.
Taking Residential Developments in Charge (TIC) Agents are currently involved in Category 1 and 3 estates. The most significant change will be the presence of IW reps. at any meetings in relation to TIC and they will want to have an input into SRPs before they are agreed. KCC has formed the view that it would be unsatisfactory to commence the taking in charge of certain elements of infrastructure in an estate in advance of having a clear plan in place for taking in charge the remaining elements of infrastructure. In light of this imminent protocol KCC has opted to hold off on commencing the taking in charge of any new estates and bringing those estates where the taking in charge has commenced to the elected members for adoption.
Taking Residential Developments in Charge (TIC) Review of KCC ‘Taking in Charge Policy’ (2008) document: When the protocol/amendment to S.180 of P&D Act 2000 is in place, it is proposed to review the TIC Policy to reflect the new arrangements. Hopefully, KCC will be in a position to undertake this review later this year
Building Control Regulations S.I. 9/2014 which made provision for the new regulations which came into effect on 1st March 2014. Period2013Jan/Feb 2014Mar/Apr 2014 No. of Commencement Notices received 239164 7 (2 Manually & 5 On Line) Limited number of Commencement Notices received since new regulations came into effect.
Building Control Regulations New regulations cite the developments that require additional documentation to be provided along with Commencement Notice. The new certification is required for: (a)the design and construction of a new dwelling. (b)an extension to a dwelling involving a total floor area greater than 40 square metres. (c)Works to which Part III applies (require a Fire Safety Certificate).
Building Control Regulations Commencement Notice to be accompanied by 1.such plans, calculations, specifications and particulars as are necessary to outline how the proposed works or building will comply with the requirements of the Second Schedule to the Building Regulations relevant to the works or building concerned and including – general arrangement drawings including plans, sections and elevations. a schedule of such plans, calculations, specifications and particulars as are currently designed or as are to be prepared at a later date. the completion of an online assessment, via the Building Control Management System, of the proposed approach to compliance with the requirements of the Second Schedule to the Building Regulations. the preliminary Inspection Plan prepared by the Assigned Certifier.
Building Control Regulations Commencement Notice to be accompanied by 2. The following certificates and notices in the appropriate forms set out in the Second Schedule— Certificate of Compliance (Design). Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier). Certificate of Compliance (Undertaking by Assigned Certifier). Notice of Assignment of Builder. Certificate of Compliance (Undertaking by Builder). 3.The appropriate fee.
Building Control Regulations Certificate of Compliance on Completion Required for: a)the design and construction of a new dwelling. b)an extension to a dwelling involving a total floor area greater than 40 square metres. c)Works to which Part III applies (require a Fire Safety Certificate). A Certificate of Compliance on Completion shall be— (a) in the form specified for that purpose in the Sixth Schedule of S.I. 9 OF 2014
Building Control Regulations Certificate of Compliance on Completion (b) accompanied by such plans, calculations, specifications and particulars as are necessary to outline how the works or building as completed— (i) differs from the plans, calculations, specifications and particulars submitted with the Certificate of Compliance (Design)(to be listed and included at the Annex to the Certificate of Compliance on Completion), and (ii) complies with the requirements of the Second Schedule to the Building Regulations, and (c) accompanied by the Inspection Plan as implemented by the Assigned Certifier in accordance with the Code of Practice
Who can sign a Design Certificate and/or act as Assigned Certifier? (1) Architects on register pursuant to Part 3 of the Building Control Act 2007 or (2) Building Surveyors on register pursuant to Part 5 of the Building Control Act 2007 or (3) Chartered Engineers on register pursuant to Section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969. and Competent: The regulations specifically require the Assigned Certifier to be competent to inspect and certify the works
Building Control Regulations Role of Building Control Authority (BCA): On receipt of Commencement Notice along with prescribed Documentation, the BCA will undertake a validation process on the documents submitted. There is no requirement or obligation on the BCA to carry out a technical assessment of the plans or other documents Submitted.
Building Control Regulations Role of Building Control Authority (BCA): BCA may respond, within 7 days of receipt of a notice filed electronically or within 12 days of receipt of a notice received in writing, by electronic means or in writing as appropriate, and notify the person giving the commencement notice, that, having regard to the extent of the failure to comply with the requirements of the Building Control Regs., (a)the commencement notice is invalid and cannot be accepted by the authority or (b) that such revised notice, or such additional information or fee, as may be necessary to comply with the said Article will be required to be submitted.
Building Control Regulations Role of Building Control Authority: On receipt of Certificate of Compliance on Completion Building Control Authority may reject the certificate and documentation or query within 21 days. 7 additional days on receipt of additional information. Typical checks – documents received (not scrutinised), signatories – registered & assigned, enforcement notices, conditions on FSC / DACs.