In response to a number of requests to the Blog we have compiled a series of legal posts on various aspects of the new regulations. Many new subscribers may not have seen some of these so we have consolidated here for ease of access.
These cover a range of issues affecting consumers, professionals, Architectural Technologists and members of the legal profession. Most of these posts contain links to legal opinions and advice from Senior Council, Barristers, Law Society, Solicitors and others in the legal profession. There have been other senior council opinions but these posts will give readers a good initial overview as to the legal issues involved.
- Appropriately the first post is on the lack of additional consumer rights under SI.9.
- This is followed by a CPD given recently that contained some unsettling legal presentations (CPD presentations are attached to this post also).
- We conclude this section with the representative body for self-builders (IAOSB) letter to the Attorney General requesting clarification on the status of self-builders under the new regulations. At time of writing we are not aware of any response to this request.
- The second section contains various posts to and from the Law Society.
- The third section has guidance from various firms of solicitors on the new regulations.
Remarkably in correspondence the Law Society confirmed that they were excluded from the formation of SI.9 (see “Law Society response to self-builders”). Quote:
“The Department of the Environment, Heritage and Local Government excluded representatives from the solicitors’ profession from the consultation process by the Department of Environment, and our profession had no role in the policy underlying the regulations or either the process or the forms required.“
Is it worth including that there are many concerns because the new rules are ‘extraordinarily loose and vague’ (see post here ) which means that there is little certainty until some of these problems end up in the courts.
Property investment and transactions involve very significant amounts of money. Delays and disputes in construction and conveyancing are very costly. Legal advice is very important at the start, setting up the rules, and at the end, to settle disputes when things go wrong.
The new system must be legally water-tight as the stakes are very high.
Summary of Legal Posts- BC(A)R SI.9
Legal perspective: consumer benefit? BC(A)R SI.9 – click link here
Alarming Legal opinion: BC(A)R SI.9 – click link here
Architectural Technologists- Building Control Act 2007 in breach of EU Law – click link here
Assigned Certifiers facing jail? BC(A)R SI.9 – click link here
Difficult Senior Council Opinions: BC(A)R SI.9 – click link here
Senior Council advice on BC(A)R SI.9 – click link here
“extraordinarily loose and vague”: Legal Implications of BC(A)R SI.9 – click link here
Self-builders write to Attorney General: BC(A)R SI.9 – click link here
Law Society posts
Law Society : Certifier is single point of responsibility – click link here
Law Society of Ireland Update on BC(A)R SI.9 – click link here
New Law Society Guidance Note on BC(A)R SI.9 – click link here
BC(A)R SI.9 and Law Society of Ireland? – click link here
Law Society response to self-builders – click link here
Self builders escalate to Law Society: BC(A)R SI.9 – click link here
Law Society Gazette: https://www.lawsociety.ie/News/Gazette/
Legal Firms advice
Legal Firms Advice: BC(A)R SI.9 – click link here
(click on title for PDF):
NOTE: This series of posts is not meant to undermine or be in opposition to any professional advice from registered representative bodies: rather it is to offer additional technical aids to those that find themselves having to deal with SI.9 in it’s current form at present. As with all information posted on the Blog we urge all practitioners to check with their respective professional bodies before assuming any roles or duties under Building Control (Amendment) regulation (SI.9 of 2014). We hope this list in one area is useful, so home owners, SME’s and professionals can drop in and click on a particular topic to get summary information that may be useful to them while working within these new and difficult regulations.