Willie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context

Question 360: To ask the Minister for the Environment, Heritage and Local Government if there has been a change made to the relevant regulations requiring payments to be made to planning authorities in relation to fire certificates prior to the construction of the building; if so, when same was changed; and if he will make a statement on the matter. [7300/09]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

I assume the Question refers to the provisions of Section 5 of Part 2 of the Building Control Act 2007, which will introduce a number of amendments to the existing fire safety certification process. A Fire Safety Certificate (FSC) is currently required before construction work commences on new non-domestic buildings and apartment blocks and extensions to, or material alteration /change of use of, existing buildings.

Section 5 of the 2007 Act contains a new provision for the submission of a 7 Day Notice to a Building Control Authority, before grant of the relevant FSC, where a person intends to commence work on the construction of a building, or an extension of, or a material alteration to, a building. It must be accompanied by a valid application for an FSC and by a Statutory Declaration stating that the application for the relevant FSC has been completed in all respects and complies with the requirements of the Building Regulations; that any works commenced before the FSC is granted will comply with the Regulations; and that the person will carry out any modifications which may be required by the FSC, when granted, within such period as may be specified by the Building Control Authority.

There is also a new provision for a Revised Fire Safety Certificate where an application for an FSC is made before grant of planning permission for the works, if required by the subsequent permission, or where significant revision has been made to the design or works of a building for which an FSC has been granted. In addition, there is provision for a Regularisation Certificate where a building has been commenced or completed without an application for an FSC, where such Certificate is required. An application for such Certificate must include a Statutory Declaration from the applicant that the works carried out are in compliance with the requirements of the Building Regulations. The Building Control Authority is empowered to specify that the Regularisation Certificate will not have effect unless any conditions /additional works required by the Authority are carried out within a period of 4 months after it is granted. I intend to introduce the necessary Regulations to give effect to the provisions of Section 5 of the 2007 Act, which will include relevant fees in respect of these provisions, at an early date.