40 sq.m. Question | Review 3 of the Issues

surveys

Review 3 of the Issues | 22 January 2015

This series on SI.9 and the 40 square metre question continues with a short survey of readers on what is their answer to the conundrum of the meaning of the following phrase:

an extension to a dwelling involving a total floor area greater than 40 square metres”

This relates to the confusion that has arisen on the interpretation of which residential extensions require ‘additional requirements’ in relation to the submission of Commencement Notices (originally referred to as the ‘Long Form’ version of the Commencement Notice) i.e. the need for a Design Certifier, Assigned Certifier, Inspection Plan and the other requirements as set out in article 9(1)(b) of the regulations.

The BRegs Blog has come across the following interpretations during this debate and you may link below to access the survey and to record your choice or to add your own:

  1. Where a new extension, added to the total of all extensions built onto the dwelling since the 1963 Planning Act came into force in 1964, exceeds 40 sq m in floor area;
  2. Where a new extension, added to the total of all extensions built onto the dwelling since the building regulations came into force on 1 January 1992, exceeds 40 sq m in floor area;
  3. Where the extension and the dwelling together involve a total floor area greater than 40 sq m;
  4. Where the combined area of all extensions being built onto the house at one and the same time, involves a total floor area greater than 40 sqm;
  5. Where an extension involving a total floor area greater than 40 square metres is built onto a dwelling;
  6. I have no idea;
  7. None of the above / other (please elaborate)

There are also a few additional questions to assess the impact of the above confusion on actual projects. Link to survey: https://www.surveymonkey.com/s/40_sq_m-Question

The BRegs Blog has commissioned an opinion on the above issue which it will publish shortly.

Links to previous posts on this issue:

40 sq.m. Question | Review 2 of the Issues | 20 January 2015

40 sq.m. Question | Review 1 of the issues | 19 January 2015

When is an extension not an extensions: the 40 sq.m. question 

Phil Hogan | SI.9…”will only apply to works involving the addition of an extension which is greater than 40 sq.m.”

± 40 sq.m. | “Exemption should avoid controls on minor development”

‘Onerous’ Building Regulations must be amended – Minister Kelly

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