The new Building Control Amendment Regulations which come into operation on 1 March 2014 will greatly strengthen the arrangements currently in place for the control of building activity by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates.
An extensive public consultation process was undertaken in 2012 to inform the development of the revised regulations. Comprehensive consultation documents were published including Strengthening the Building Control System - A document to inform public consultation on Draft Building Control (Amendment) Regulations 2012 which sets out the context in which the reforms will operate and the regulatory impact of these for building owners (including public contracting authorities) and industry stakeholders. In summary terms, it can be said that the arrangements being put in place for the control of building activity may result in additional design, certification and, possibly, insurance costs which must ultimately be borne by the building owner/contracting authority. Such additional costs would be justified by the enhanced quality and standard of design and construction of the building project concerned in light of several notable instances of non-compliant buildings which failed to meet minimum building standards. It is anticipated that the statutory inspection process will reduce the incidences of defective works on site and the resultant associated costs of carrying out remedial works will reduce accordingly.
The new statutory requirements apply to projects for which commencement notices are submitted on and after 1 March 2014. In this regard public construction projects which are currently underway or which are validly commenced prior to I March 2014 will be unaffected by the new requirements. Projects for which tender documents are currently being produced will be advertised having regard to the new statutory requirements, and the contract price will be determined by competitive tender in line with normal arrangements. Projects for which contractual arrangements have previously been entered into but which have not yet commenced will now have to reflect the additional requirements of the new regulations. The suite of public works contracts and conditions of engagement as set out in the Capital Works Management Framework provides context for addressing the additional statutory requirements and the associated costs. As part of the competitive process for each project, the standard conditions of engagement require consultants to submit rates for time charges and these tendered rates are evaluated before appointment. The submitted rates will provide the basis for reimbursement for any additional services required from the consultants arising from the requirements of the new regulations. The additional cost arising for each project will depend on the particular specifics of that project.
My Department’s capital programmes include responsibility for Housing, Environmental Protection, Fire Services, Libraries and other capital projects implemented primarily by local authorities. Any additional costs for projects which are now subject to contract but which have not yet commenced will, in the first instance, be a matter for the contracting authority . Funding provided by my Department for capital works is subject to detailed scrutiny at critical stages, in line with the Capital Appraisal Guidelines and value for money principles.
