Deirder NÍ Fhlionn’s legal persective post “Will BC(A)R SI.9 bring any benefit to consumers?” noted “…no new legal rights or remedies for consumers created by BCAR 2014…” For professionals our previous post “Legal Advice on BC(A)R SI.9” contained a very negative consolidated senior council opinion of the new regulation. Given the part-deferral SI.105 published on 7th March (less than one week following implementation of SI.9) it would appear that at least some ministers took notice of the representative body for architects (RIAI) calls for deferral. The rationale for deferral was noted here “The compelling case for deferral of Building Control (Amendment) Regulation (SI.9 of 2014)” and was contained in letters to Ministers Bruton and Hogan in January 2014.
Notwithstanding pre-implementation representations by the RIAI there has been a deafening silence from professional representative bodies (engineers, surveyors and architects) regarding the many problematic legal issues for their members in the new regulations since March 1st. Given the lack of direction from the ACEI, SCSI and RIAI it would appear to be up to individual practitioners to research and make up their own minds on whether to undertake new certifier roles or not. As professional members would appear “to be on their own” we thought it would be of interest to see a selection of Legal Firms’ advice to consumers and professionals on Building Control (Amendment) Regulation (SI.9 of 2014).
We wonder if any of the representative bodies will refer SI.9 and the various negative senior council opinions obtained, on behalf of their members, to the Attorney General for review?