www.education.ie

1. Introduction

The purpose of the Permanent Accommodation Scheme 2007 (PAS) is to provide a classroom accommodation solution to schools for the 2007/08 school year, where an absolute need is demonstrated.

This scheme is focused on schools which are not in need of an immediate major extension or building project but which require additional classroom accommodation.

If ancillary accommodation and/ or a major extension is required in addition to classroom accommodation, school authorities should consider, if not already done, submitting a completed FLE or SLE application form (available on the website www.education.ie download here FLE SLE) to be considered for delivery by the traditional method, in the context of the School Building and Modernisation Programme.

Applicants should note that this scheme does not cover accommodation required for decanting purposes during a building project. Further details in relation to Accommodation Solution falling within the scope of this grant scheme are set out in Sections 6-8.

2. Schools covered by the Scheme

The Scheme is open to primary and post primary schools.

3. Scope of Scheme

Primary Schools

Primary School authorities are aware from October each year of the expected mainstream staffing allocation for the forthcoming year, if there is no change in the staffing schedule.

School authorities should, therefore, assess their accommodation needs on that basis and only make application for additional accommodation under this scheme, if it is clear that there will be an immediate urgent deficit of classroom accommodation.

Approval for additional accommodation under this scheme will not be given where there is no overall increased enrolment in the catchment area.

It is acknowledged that in rapidly developing areas and/or in recently recognised schools it can be difficult to plan accurately for the required additional accommodation. However, such schools should make an application for additional accommodation through this scheme based on their best estimate of emerging requirements.

Post Primary Schools

Post primary Schools are better placed to deal with an increase in pupil numbers, as the pattern should be obvious from enrolment figures in feeder national schools and the configuration of schools.

Accordingly, post primary applicants are advised that only in exceptional circumstances will applications under this scheme be considered.

4. How to apply for accommodation under this scheme

Permanent Accommodation Scheme (PAS) applications forms are now available on the Department's website www.education.ie and may be downloaded here. Copies of same are also attached for ease of reference.

Completed forms can be submitted by post or by e-mail and must be fully signed off by the relevant representatives of the school authority.

Successful applications will be selected, inter alia, on the basis that

the school submits a fully completed application form to the Planning and Building Unit (application forms are attached and/or can be downloaded from www.education.ie).

the Department is satisfied that no alternative suitable accommodation is available within the school or the catchment area.

the long-term projected enrolments (post-primary) / long term projected staffing (primary), as assessed by the Department, indicate that participation in this scheme at this time will address the classroom accommodation issues of the school and there is not a requirement for further additional accommodation in the foreseeable future.

architectural planning has not already been approved by the Department for a large-scale building project at the school.

5. Timetable for 2007 Scheme

6. Criteria Specific to Primary Schools

Applications will be subdivided into the following categories:

Category 1 — Mainstream classroom accommodation / DEIS—School Support Programme

Category 2 — Special Education Tuition (SET) support / Language Support Teacher etc

Category 1 (Mainstream / DEIS—School Support Programme) will be assessed using the following criteria:

Schools in developing areas where there is no alternative accommodation

Recently recognised schools, allowing for incremental growth

Schools with additional teacher appointments where no other accommodation is available in the school or the area

Category 2 (Special Education Tuition ( SET) support / Language Support Teacher etc. will be assessed using the following criteria

Confirmed specific need which did not exist in previous school years

All other available accommodation at the school is in use

7. Criteria Specific to Post Primary Schools

Applications will be subdivided into the following categories:

Category 1 — Mainstream classroom accommodation

Category 2 — Special Education Tuition (SET) etc.

Category 1 (Mainstream) will be assessed using the following criteria:

Schools having an urgent deficit of mainstream accommodation as a result of increasing enrolments in the catchment area

Recently recognised schools, allowing for incremental growth

Category 2 (Special Education Tuition) etc will be assessed using the following criteria

Confirmed specific need which did not exist in previous school years

All other available accommodation at the school is in use

8. Accommodation Solutions

Consideration will be given to the school's preferred solution. However, the final decision on the appropriate solution will be made by the Department.

It is the policy of the Department to provide a permanent accommodation solution insofar as possible. Commensurate with the level of funding available, applications which have been assessed as appropriate to the scheme, where the school's accommodation requirement is recognised as permanent, will be given approval for funding to enable the school to provide the accommodation required under this grant scheme.

Successful applications for which a permanent solution is not the appropriate response e.g. where a major building project is in the pipeline, will have their immediate accommodation requirement dealt with by way of either relocation of existing prefabricated accommodation or by way of rental of prefabricated accommodation / premises.

Further details in relation to rental accommodation will be published shortly.

9. Level of Grant Assistance

Primary

Mainstream Classroom: €120,000

SET/other: €60,000

Post Primary

Mainstream Classroom: €85,000

SET/other: €42,500

10. Frequently Asked Questions

Attached for information of applicants, are a set of Questions and Answers to the most frequent queries received in relation to this scheme.

Any further queries in relation to the scheme should be made directly to the Helpline or put in writing to the Planning and Building Unit.

11. Freedom of Information Act

Applicants are reminded that the provisions of the Freedom of Information Act, 1997 and 2003 apply. As such it should be noted that the Department may be obliged to release information submitted to the Department under the Freedom of Information Act, 1997 and 2003.

Jason Kearney

Principal

School Planning Section

August, 2006

APPENDIX 1 — LEVEL OF GRANT-AID

&

DRAW-DOWN CONDITIONS

1. What is the amount of the grant?

The up to date amount of grant payable

Primary

Mainstream Classroom : €120,000

SET/other: €60,000

Post Primary

Mainstream Classroom: €85,000

SET/other: €42,500

2. Is the school guaranteed this amount?

Yes provided the terms of the scheme are complied with. Once selected the grant payable by the Department (inclusive of Value Added Tax and all fees) will be the lower of:

the amount of grant-aid approved by the Department in its letter of approval,

or

the lowest valid tender amount for the proposed works plus reasonable fees.

3. If this amount is not enough, what can the school do?

The choices to be made within this devolved scheme rest with the school and that is the cornerstone of any policy of devolution. The school authority knows the budget and must decide what it is capable of building with that budget. The time to identify a funding problem is at the outset before entering any contract. Schools should raise with the Department any site specific problems or unusual planning stipulations that impose additional costs and these will be examined provided the Department is notified of them in advance of contracts being signed.

Setting the scope of works is the critical first step. Clearly where a school has a known level of resources apart from the Department funding or knows its capacity to raise additional resources it is open to that school to extend the scope of works to include additional facilities. However if the scope of works is not set appropriately from the outset based on the budget available there is a risk that the school will be faced with a funding gap when the project is at construction.

If there is a shortfall in funding, the options open to the school authority are to:

a.Reduce the scale of the works to stay within the limit of the grant

b.Use funds allocated by the Department under the terms of the Grant Scheme for Minor Works to supplement the grant, provided such funds are not required for more urgent and immediate works

c.Apply separately under the Department's Summer Works Scheme (that is currently advertised on its website) for additional funding to deal with exceptional additional refurbishment costs in their existing school buildings.

d.Fund the balance of the works from its own resources.

4. Will the school authority be required to make a local contribution towards the project?

The Scheme is not structured on the basis that the Department funding must be supplemented by local fundraising. It does however allow a school to supplement the funding from local resources if it so decides. The critical element is that with devolved authority the school must set the scope of works to match the funding allocated. The Department does not define the precise works to be carried out other than it must be in accordance with the terms of the scheme. A school can make choices within the budget allocated.

5. Who pays for consultants' fees and planning charges?

The grant is intended to cover the capital cost of the project including associated planning charges and all consultants' fees incurred in the design and construction of the project, all fees for the Project Supervisor Design Stage (PSDS) and all fees for the Project Supervisor Construction Stage (PSCS).

6. Can the Department withdraw an offer of grant-aid?

Yes, the grant sanction will automatically lapse if construction work does not commence within 12 months of the date of approval. The Department retains the option of altering/withdrawing the offer of grant aid if it is considered by the Department that a change in the local circumstances is sufficient to warrant this.

7. At what point will the grant be paid?

The school authority must notify the Department of the tender amount for the proposed works plus fees before any payments can be made.

First payment

The first payment will be for 70% of the Department's liability and this will be paid on receipt, through the school authority, of the following confirmation from your architect/engineer/chartered building surveyor that:

the works are in accordance with terms of the scheme

tenders were sought in accordance with a competitive tendering process as set out in Appendix 3

a Safety Plan was completed and presented to the successful contractor

the lowest valid tender was accepted by the Board and the successful contractor fulfilled the criteria set out at Appendix 3

the Board fulfilled its obligation under the Health and Safety regulations, in particular, the appointment of a competent person to fulfil the role of Project Supervisor Construction Stage ( PSCS)

the successful contractor has produced a safety statement

the Board has placed a contract for the proposed works with the successful contractor and the contractor is on site and has commenced building works.

Second and final payment

The second and final payment will be for the remaining 30% of the Department's liability and this will be paid on receipt of the following documentation:

copy of the certificate of practical completion from your architect/engineer / chartered buildings surveyor.

your consultant's Opinion of Compliance of the relevant development with planning permission and or exemption from planning control

your consultant's Opinion of Compliance of the relevant development with the building regulations including the fire safety certificate

confirmation from your consultant(s) that a safety file has been prepared by the PS(C)S and issued to the Board of Management.

copies of all relevant drawings, if possible in an appropriate electronic format, and your consultant's confirmation that the completed works are in accordance with these drawings.

Confirmation from the Board of Management that 50% of the agreed retention % rate of the contract sum will be retained for a period of 12 months following the completion of the works and pending the rectification of any building defects which may become apparent during that period.

During the Defects Liability period your architect/engineer/chartered building surveyor must prepare the final account for the project to determine the exact final payment due to the contractor. The school authority is advised to retain the final portion of the architect/engineer / chartered building surveyor's fee until the final account has been completed. The school authority must satisfy itself as to the correctness of the final account before making final payments to the contractor

APPENDIX 2 — TECHNICAL ISSUES

1. Is written Guidance on Technical Issues available?

Yes. Schools should consult Technical Guidance Document TGD007 "Design Team Procedures: Protocol for Devolved Grants", and also TGD008 "Engaging Professional Consultants" available on the Department Web-Site under School Building/Technical Guidance

2. Is a consultant architect / engineer / chartered building surveyor required?

Yes. The school authority must employ a suitably qualified consultant architect , engineer or chartered building surveyor [member of Royal Institute of Architects (RIAI), Institute of engineers of Ireland (IEI), Society of Chartered Surveyors or equivalent] Refer to TGD008 "Engaging Professional Consultants" for guidance available on the Department Web-Site under School Building/Technical Guidance

The school authority must also satisfy itself that the consultant architect/engineer/chartered building surveyor will be able to provide satisfactory evidence of tax clearance and adequate professional indemnity insurance cover in advance of engagement.

The school authority should ensure that the fee is agreed with the architect/engineer /chartered building surveyor before the Consultant is appointed and that it covers ALL necessary professional and technical services (including buying-in other services as required) and all expenses.

3. Who is responsible for ensuring compliance with statutory regulations?

The school authority is the client for the project and, in consultation with the architect/engineer / chartered building surveyor, is responsible for ensuring compliance with all statutory regulations which, with most projects, will require obtaining planning permission and a fire safety certificate. The building project must comply in all respect with building regulations. The consultant architect/engineer/chartered building surveyor will be able to advise the Board on these matters.

Refer to Technical Guidance Document TGD-007 "Design Team Procedures: Protocol for Devolved Grants" on the Department Web-Site under School Building/Technical Guidance

4. Who is responsible for ensuring compliance with Health and Safety Regulations?

The school authority, as client, is responsible for the implementation of the Safety, Health and Welfare at Work (Construction) Regulations 2001 and subsequent H&S legislation scheduled for implementation in 2006. Under these regulations the appointment of a competent person to act as Project Supervisor (Design) stage PS(D)S is a legal obligation. Guidance on how to do this can be found in TGD008 "Engaging Professional Consultants" on the Department Web-Site under School Building/Technical Guidance

At construction stage the school authority as client, is also responsible for the appointment of a competent person to act as Project Supervisor Construction Stage. The PS(D)S will advise on this and his/her fee should include for the assessment of contractors' competence to carry out this role.

Refer to Technical Guidance Document TGD-007 Design Team Procedures Protocol for Devolved Grants on the Department Web-Site under School Building/Technical Guidance for H&S information documentation required at Tender and Completion stages, including the safety file which should be retained by the school authority.

5. What should be done if the school is known to contain asbestos?

If your school has not already been surveyed for the presence of asbestos or you are unsure whether or not it has been surveyed, you or the architect/engineer/chartered building surveyor should contact the Health and Safety Unit, Office of Public Works, 51 St. Stephen's Green, Dublin 2 — Tel. 01/6476198. In this context, please refer to circular letter 37/99 issued by the Building Unit in December, 1999.

6. How are tenders to be sought for this proposed building project?

Tenders must be sought on a fixed price basis (i.e. Clause 36 of the GDLA form of contract should be deleted). Refer to Technical Guidance Document TGD-007 Design Team Procedures Protocol for Devolved Grants on the Department Web-Site under School Building/Technical Guidance

7. What criteria must the successful contractor fulfil?

Refer to Technical Guidance Document TGD-007 "Design Team Procedures: Protocol for Devolved Grants", and also TGD014 "Guidance on Pre-Selection of Contractors" on the Department Web-Site under School Building/Technical Guidance

8. Logo on site

Projects must display an acknowledgement sign that they are being funded by the National Development Plan (NDP) 2002 — 2006. Guidance on this matter is available on www.ndp.ie.

9. Reminder of penalty for non compliance with terms of scheme

The Department reserves the right to withhold payment of the grant to schools for non-compliance with any terms of the scheme.

10. What other guidance is available to the Board?

Guidance on technical issues is available on Departments Web-Site under School Building/Technical Guidance

APPENDIX 3 — LEGAL ISSUES

1. Is a Lease/Declaration of Trust required?

It is a condition of funding that the school site including school building(s) are the subject of a Lease/Declaration of Trust that is valid for a minimum period of 35 years from a current date. The lease simply guarantees that the school property is retained for educational use. The lease must be amended to reflect the level of capital investment. The school authority is advised to seek the advice of legal representative in this and all legal matters.

A grant awarded under the provisions of this scheme does not/should not of itself confer a particular tenure on a building as the terms of the Rules for National Schools and the Education Act apply. The school authority must have the approval of the patron/trustee before application is made for capital works and have this reaffirmed prior to a contract being placed.

2. Who is responsible for the proposed building project?

This scheme devolves authority and responsibility to the school authority for the execution of the works. The school authority is responsible for all interactions with the consultant architect/engineer/chartered building surveyor and for ensuring that the proposed works are in accordance with the conditions set out in this scheme.

3. What records must be kept?

All expenditure in connection with the scheme must be vouched and all documentation must be retained by the school authority for a minimum period of seven years in the event of an audit inspection by the Department and/or Comptroller and Auditor General.

Please note that the Department will be undertaking random audits and inspections of schools participating in this scheme.

4. Why are random audits done?

In accordance with standard practice, payment of capital grants is conditional on the Department being satisfied that the school has followed proper procedures and retained appropriate records. In addition it is essential that a proper maintenance programme is in place to protect the school. Guidelines as to how to address this matter were outlined in the "Maintenance Matters" manual issued to all schools in 1998. An electronic version of "Maintenance Matters" can be downloaded

APPENDIX 4 — GUIDE TO THE BUILDING PROCESS

Introduction

This guide is issued by the Department of Education and Science for general guidance purposes only. For more detailed information refer to Technical Guidance Document TGD-007 Design Team Procedures: Protocol for Devolved Grants on the Department Web-Site under School Building/Technical Guidance

Building Projects

There are a number of stages to a Building Project, which are summarised below. The consultant employed by the school authority must be competent in all of these areas and the purpose of this document is to describe those processes in brief to persons not normally involved in the building procurement process.

Setting of Brief

This is the establishment of clear accommodation requirements; refurbishment requirements etc. coupled with the setting of cost parameters and any other relevant job specific objectives. The role of the Client (which is the school authority) assisted by the architect/engineer / chartered building surveyor, is to set the brief within the constraints of the amount of the grant and the priority areas outlined Paragraph 3 of the Scheme.

Design

The preparation by the architect/engineer/chartered building surveyor of initial sketch drawings which properly describe the proposed works for approval by the school authority and which are also consistent with the established brief and cost parameters.

Planning Permission

The statutory process as required under the Planning and Development Act 2000. This involves the preparation and submission of a planning application to the relevant local authority to obtain planning permission and other necessary statutory consents to carry out development work.

Fire Safety Certificate

The statutory process as required under the Building Control Regulations 1991 — 1994 which involves the preparation and submission of a fire safety certificate application to the relevant Building Control for certification to carry out certain development work.

Tendering Process

The process of obtaining competitive tenders (prices) from a selected number of building contractors (a minimum of five). (Refer to Technical Guidance Document TGD-007 Design Team Procedures: Protocol for Devolved Grants on the Department Web-Site under School Building/Technical Guidance)

Tender analysis and Start-up

The Building Contractor is selected following analysis of the tenders and submission of all necessary documentation). (Refer to TGD-007 Design Team Procedures: Protocol for Devolved Grants on the Department Web-Site under School Building/Technical Guidance)

Contract Stage

This is the period during which the work actually takes place on site.

Post Contract Stage/Defects Liability Period

A period of time (normally twelve months) following the completion of the works during which a percentage of the monies due to the building contractor is withheld pending the rectification of any building defects which become apparent during that period

Explanation of job functions and other common terms

Architect — The person responsible for the design of the building

Quantity Surveyor — The person responsible for the cost control of the project and the Bill of Quantities

Structural Engineer — The person responsible for the structural design of the building

Mechanical and Electrical Engineer — The person responsible for the design of the electrical and mechanical aspects of the project (lighting, heating, air extraction etc.)

PSDS — Project Supervisor Design Stage — The person who assesses Health & Safety during the course of the project design, and whose task is to ensure safety both during the construction stage and in use thereafter. (this does not relieve the other Designers of similar responsibilities.)

PSCS — Project Supervisor Construction Stage — the PSCS is usually the main building contractor whose job it is to ensure that the works undertaken on site are done so in a safe manner without risk to the workers involved.

Bill of Quantities — A complete elemental breakdown of the scope of the works including quantification for pricing purposes

GDLA Form of Contract — Government Department and Local Authorities contract document. This is the standard form of contract for construction work being paid for from public funds.

Timescale of work

The following table illustrates the approximate time frame on a month by month basis for all of the processes described in the previous pages. The contract stage will vary from project to project with the following table illustrating a typical three month building programme: