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Regularisation Cert FAQ
Q: What is a regularisation certificate?
A: A certificate granted by a building control authority in respect of works on don-domestic buildings and apartments blocks which were commenced or completed without the necessary Fire Safety Certificate (FSC) . The certificate may be granted with or without conditions or refused.
Q: What options has the building owner where the application is refused or granted subject to conditions?
A. There is provision for an appeal to An Bord Pleanala in such cases. The appeal must be lodged within 1 month of the date of the decision on the application –see Part VI of the Building Control Regulations.
Q: Is there a fee for a regularisation certificate?
A: The fee is €500 which is four times the fee for a FSC, or €11.60 per square metre of floor area, whichever is greater. This may vary depending on the works - please see the Fifth Schedule of the Building Control Regulations.
Q: A period of 4 months is set down to comply with conditions which may be inserted by the building control authority in a regularisation cert. This is not sufficient time and is there a mechanism to extend it?
A: There is no mechanism to extend. It is an offence to commence work on a building without a FSC (where required) and the regularisation cert is a chance to be in compliance with the fire safety certification regime. If the works are not carried out within the 4- month period, the certificate will not have effect.
Q: Note 2 requires a “certified” set of drawings. Who can ‘certify’ drawings.
A: It is expected that drawings will be certified by a person qualified to do so as a building professional- this would be expected to be the professional who completed the drawings.
Q: Will the building owner or a person so authorised sign the statutory declaration in respect of works for which a regularisation cert is sought?
A: This is a matter between the building owner and the builder/professional engaged by the building owner.
Q: Can a solicitor sign a statutory declaration as a Commissioner of Oaths?
A: Yes, when s/he is also a Commissioner of Oaths. However, a solicitor shall not exercise these powers in any proceedings in which he is solicitor to any of the parties or in which he has an interest.
7 Day Notice FAQ
Q: What is a 7 day notice?
A: It is a ‘fast track’ notification of commencement of work prior to the granting of a FSC.
Q: What is the fee for a 7 day notice?
A: The standard fee is €250 or €5.80 per square metre of floor, whichever is the greater. This is double the amount for a standard FSC application. The fee may vary depending on the work proposed and the fees are listed in the Fifth Schedule of the Building Control Regulations.
Q: Do I need to apply for a FSC as well and do I have to pay a fee for both?
A: Yes, the 7 Day notice must be accompanied by a valid FSC application and a statutory declaration in respect of the work proposed, but only the fee for the 7 day notice applies. You do not have to submit separate fees for both the Notice and the FSC.
Q: Can you apply for a 7 day notice if you have already applied for a Fire Safety Certificate?
A: Yes, if you have made a valid application for a FSC you may submit a 7 day notice provided you submit the reference number of the original application, the revised fee and all the required documentation as listed in Article 20A of the Regulations. You should liaise with your local building control authority.
