O’Cofaigh | Applicability of PROVISIONS OF S.I.9 of 2014 to house extensions


Eoin O’Cofaigh – 23 January 2015

As part of this week’s series on SI.9 and the 40 square metre question the BRegs Blog has received an expert* opinion on the interpretation of the following wording from the SI.9 legislation:

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

It should be noted that the interpretation which may be accessed below is at variance with that published by the BCMS on its website. Further legal clarification on this issue is awaited from the DECLG and the professional organisations (SCSI, RIAI, EI and ACEI) involved in negotiating SI.9 which has been promised now for some time.

To view PDF click: Applicability of PROVISIONS OF S.I.9 of 2014 to house extensions

*The above opinion is not a legal opinion. It should not be relied upon by any readers or third parties who should refer to the Department of the Environment, Community and Local Government for official clarification of this issue.

Its author, Eoin O’ Cofaigh, is a Registered architect and co-owner of McHugh O’Cofaigh Architects with 33 years experience in private practice working with clients such as Central Government Departments, Local Authorities and State Agencies on a broad range of healthcare, educational and office projects, in addition to private commercial and residential clients. Appointed by the Government to Building Regulations Advisory Board and to the EU Advisory Committee on Education and Training in Architecture he is a member of the Admissions Board to the Architectural Profession under the Building Control Act and expert witness in legal proceedings arising out of non-compliance with Building Regulations and defective design. Formerly a President of both the RIAI and the Architects’ Council of Europe and an honorary member of the German, American and Russian Institutes of Architects he is the author of several publications on Building Regulations and Building Control including ‘Europe and Architecture Tomorrow’ the most widely published architectural book of the 20th century.

Links to previous posts on this issue:

40 sq.m. Question | Review 3 of the Issues | 22 January 2015

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

BRegs Blog NOTE: This post 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 in the position of having to deal with SI.9 in its current form. As with all information posted on the BRegs 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 to post a number of these practical interpretations and list in one area, 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 under the new regulations. 

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