FAQs

Building Control Frequently Asked Questions
The basic system of control is covered in the Building Control Act , which aims to protect public health and safety by ensuring compliance with the Building Regulations.
What are building regulations?
Building regulations are a set of legal requirements for the design and construction of new buildings, extensions and material alterations to, and certain changes in the use of, existing buildings. Building regulations provide for the health, safety and welfare of people, conservation of fuel and energy and access for people with disabilities.
The Consolidated Regulations came into force on 1 July, 1998, and replace the Building Regulations of 1991 , as amended. The amended Part M came into force on 1 January, 2001. The amended Part L, relating to new dwellings, came into force on 1 January 2003; and relating to the replacement of external doors, windows and roof lights, on 1 July 2003.

How are regulations framed?
The regulations comprise a set of legal requirements, expressed in simple, functional statements.
They address the following:
- Structure
- Fire safety
- Site preparation and resistance to moisture
- Materials workmanship
- Sound
- Ventilation
- Hygiene
- Drainage and waste water disposal
- Heat-producing appliances
- Stairways, ladders, ramps and guards
- Conservation of fuel and energy
- Access for people with disabilities
Technical guidance on compliance with these requirements is set out in twelve separate Technical Guidance Documents, which deal with each of the above areas.

How do regulations affect me?
If you are having work carried out, it must comply with the regulations. Regulations do not apply to works consisting of repairs or renewal.
What if I fail to comply?
The primary responsibility for compliance rests with designers, builders and building owners. Building control authorities have power to inspect design documents and buildings, as well as powers of enforcement and prosecution where breaches of the regulations occur.
There are heavy penalties, including fines and imprisonment, for breaches of the regulations. In addition, when it comes to selling your property, you may have difficulties if you cannot satisfy the purchaser's solicitor that the requirements of the regulations have been met.

What control arrangements are in place?
The Building Control Regulations, 1997-2002 supplement the basic system of enforcement referred to in the section 'What if I Fail to Comply?' Two important control arrangements are provided:
- Commencement Notice
- Fire Safety Certificate
What is a Commencement Notice?
A Commencement Notice is a compulsory notification to a building control authority that a person intends to carry out either work or a material change of use to which the Building Regulations apply. The notice must be given to the authority not more than 28 days and not less than 14 days before commencement of work for a material change of use. The notice must be accompanied by a Commencement Notice fee, based on the number of buildings. Details are available from your local building authority. Copies of a commencement notice can also be obtained from the building control authority.
Commencement notices are required for the following:
- The erection of a building
- A material alteration or extension to a building
- A material change of use of a building
- Works in connection with the material alteration (excluding minor works) or a shop, office or industrial building
A commencement notice is not required for works or changes of use that are exempted developments under the planning code, and for which a fire safety certificate is not required. Information on exempted development is given in other leaflets in this series, including 'PL.5 - Doing Work about the House', 'PL.6 - Agricultural and Farm Development' and 'PL.7 - Planning for the Business Person.'

What is a Fire Safety Certificate?
A Fire Safety Certificate is granted by a building control authority. It certifies that the building or works, constructed in accordance with the plan, documents and information submitted to the authority, is in compliance with the requirements of part B of the Second Schedule to the Building Regulations, 1997-2002.
Do I need a Fire Safety Certificate?
With the exception of houses and certain agricultural buildings, a Fire Safety Certificate is required for all new buildings - including apartments and flats - as well as material changes of use and certain alterations and extensions to buildings. A Fire Safety Certificate must be obtained before work starts.
Where do I get a Fire Safety Certificate?

Before you begin any work or make a material change of use, you should apply to the local building control authority for a Fire Safety Certificate. Application forms are available from the authority, and should be submitted with the following:
- Plans, calculations and specifications for works or building.
- Details of the nature and extent of the proposed use and, where appropriate, of the existing
  use of the building.
- The appropriate fee, based on floor area (details available from your local authority).
Any application not including the above can be rejected by the authority as invalid.

How long should it take to get a Fire Safety Certificate?
Normally, it takes two months to get a Fire Safety Certificate. However, this may be extended by written agreement between the applicant and the building control authority - for example, when the authority seeks further information on your application. A Fire Safety Certificate may be granted with or without conditions, or it may be refused.
Can I appeal if I am refused a Fire Safety Certificate?
You can appeal a refusal of a Fire Safety Certificate to An Bórd Pleanála within one month of the decision. Details of the appeal fee are available from your local authority or An Bórd Pleanála.
What is radon?
Radon is a naturally occurring radioactive gas. It is odourless, colourless and tasteless, and can be measured only with special equipment. It is formed in the ground by the radioactive decay of uranium, which is present in small quantities in all rocks and soils. If radon surfaces in the open air, it is diluted and harmless. However, when it seeps into a building, it can sometimes build up to unacceptably high levels. Using international estimates, between 150-200 lung cancer deaths in Ireland each year are due to radon.
It is recommended that long-term exposure to radon concentrations above certain levels be avoided. The Building Regulations require that precautions be taken to avoid danger to health and safety caused by substances in the ground covered by a buildings. Specific guidance on how to achieve this is given in Technical Guidance Document C, 1997.

The radon levels in County Cork vary quite considerably. To see the radon level in your area, visit the Radiological Protection Institute of Ireland web site and examine the map showing the radon levels throughout Ireland. The site also provides detailed information on radon, how to measure it and reduction techniques.

If I have planning permission, do I need to comply with Building Regulations?
The planning and building control systems are entirely separate. They operate under separate and independent pieces of legislation. The legislation provides for entirely different procedures in terms of the operation of the planning and building control systems. The systems are operated by legally separate authorities: the planning system is administered by the planning authorities, and the building control system by the building control authorities. Click for further information on planning
Do the regulations have any requirements regarding disabled access?
The regulations aim to ensure that buildings other than dwellings are accessible and usable by people with disabilities. Since 1 January 2001, all new dwellings must be accessible to people with disabilities. The requirements cover the access and use of buildings, the provision of sanitary facilities and audience or spectator facilities.
Technical Guidance Document M, 'Access for People with Disabilities', provides guidance on the provision of the following facilities:
- At least one entrance accessible to wheelchair users.
- An internal layout that allows disabled people to circulate freely.
- A passenger lift in buildings above a certain size.
- A proportion of hotel guest bedrooms suitable for disabled people.
- Wheelchair spaces in theatres, cinemas, concert halls and sports stadiums.
- Facilities for people with hearing impairments in theatres, cinemas, concert halls and places
  of religious worship.
Are there dispensations or relaxations of building regulations?

A building control authority may grant a dispensation from, or a relaxation of, any requirement of building regulations. A decision on an application for a dispensation or relaxation must be made within two months of the date of receipt of the application, unless an extension of time is agreed with the applicant. This decision can be appealed to An Bórd Pleanála.