In the recent case of Dramaprop Ltd v Leitrim County Council [2024] IEHC 234, the High Court confirmed several important principles relating to the role of a county council in the building regulations regime in Ireland.
On completion of a building to which the Building Control Regulations 1997 to 2024 ("the Regulations") apply, a Certification of Compliance on Completion ("a Certificate"), signed by the Builder and the Assigned Certifier must be submitted to a Building Control Authority ("BCA"). The Regulations provide that on receipt of a certificate a BCA has 21 days to either:
- Invalidate the Certificate;
- Request further information, or
- Validate the Certificate and place it on the register thereby confirming that the Certificate was properly completed and signed by the required Persons, and that there are no unresolved matters in relation to information requests, enforcement notices or conditions attaching to Fire Safety Certificates or Disability Access Certificates.
Where the BCA does not validate or reject a Certificate or seek further information within these 21 days, the Certificate will be placed on the register automatically. Once a Certificate is placed on the register a building may be opened occupied or used.
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If you wish to discuss in more detail please contact Construction and Engineering partners Rhona Henry and Alison Bearpark, or your usual Matheson contact.