Written answers

Wednesday, 28 January 2015

Department of Environment, Community and Local Government

Building Regulations Application

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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32. To ask the Minister for Environment, Community and Local Government if he will clarify article 9(2) of SI No. 9 of 2014; if he will provide details on the type of house extensions that will fall under the new rules regarding the 40 sq. m. limit; if this provision is cumulative or if it could permit multiple and possibly concurrent extensions, each of less than 40 metres; and if he will make a statement on the matter. [3646/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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The Building Control Regulations 1997 to 2014, incorporating S.I. No. 9 of 2014, must be construed together as one. Article 7 of the regulations addresses generally the application of Part II of the regulations which deals with commencement notices and certificates of compliance before construction. Article 7 includes a general exemption in respect of works which is exempted development under the Planning and Development Acts. Article 9(2)(b) applies the requirements relating to statutory certification to “an extension to a dwelling involving a total floor area greater than 40 square metres”. The requirements for building control purposes in relation to an extension to a dwelling therefore fall into three categories as follows:

(a) works which constitute exempted development for planning purposes are exempt from the requirements to supply a commencement notice and statutory certification;

(b) works which do not constitute exempted development for planning purposes and which remain under 40 square metres are subject to the requirement to submit a commencement notice only;

(c) works which do not constitute exempted development for planning purposes and which are greater than 40 square metres are subject to the requirements to submit a commencement notice and statutory certification.

The idea that multiple and possibly concurrent extensions, each of less than 40 metres, may be used as a way of avoiding the requirement for statutory certification is precluded by the wording of article 9(2)(b) above where “an extension” must be read as “extensions” where those circumstances apply and the word “total” becomes operable.

I have indicated that I am receptive to addressing concerns regarding the cost burden of the building control regulations in the case of one-off dwellings and extensions to dwellings. I have instructed my Department to review this aspect as a matter of priority and I expect to receive the outcome of this review next month.

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