01 September 2016
The Framework for Building Control Authorities Version 1.1 was launched in June 2016 (see link here). This new Framework replaces Version 1.0 published in June 2014 (see link here).
The 77 page document (up from 64 pages) is the ‘manual’ produced by the City and County Managers Association (CCMA) for Building Control Authorities in applying Building Control Regulations and as such is essential reading for anyone involved in construction. The most significant new sections are about Building Control appeals to An Bord Pleanala, phased completion and opt-out provisions. The most interesting part of the new Framework document in on page 12:
“Chester Bowles concluded from his experience with the U.S. Office of Price Administration during World War II that 20 per cent of all firms would comply unconditionally with any government rule, five per cent would attempt to evade it and the remaining 75 per cent are also likely to comply, but only if the enforcement threat to the dishonest five per cent is credible. Source: improving regulatory compliance: strategies and practical applications in OECD countries, John Braithwaithe, 1993“
The BRegs Blog have reported on a wide variation of interpretations and applications of BC(A)R SI.9 since implementation in March 2014, and as such this attempt to standardise approaches is welcome (albeit over 2 years following implementation of BCAR). The BRegs Blog is not aware of any guidance from relevant stakeholders on this document. Many commentators and industry experts are critical of the lack of enforcement by Local Authority Building Control since our current privatised system of “self-regulation” was introduced in 1992. Extract from Framework document:
“Building Control apply generally to new buildings and to existing buildings which undergo an extension, a material alteration or a material change of use… The purpose of the Framework is to provide guidance for Building Control Authorities (BCAs) with respect to undertaking their functions under the Building Control Acts 1990 to 2014 and the Building Control Regulations 1997 to 2015.
The ‘Enforcement Pyramid’ (source: Framework for BCAs, June 2016 p5)
Standardisation and co-ordination nationally of the statutory building control processes, including those listed hereunder, i.e. Notices, Applications, Certificates of Compliances and
Building Control Register
- Processing and validation of Commencement Notices (CNs);
- Processing and validation of 7 Day Notices;
- Inspections and assessments during construction;
- Processing and validation of Certificates of Compliance on Completion (CCC);
- Processing, validation and adjudicating on applications for Relaxation of and/or Dispensation from particular requirements of the building regulations.
- Processing, validating, assessing and granting/refusing Fire Safety Certificate (FSCs) applications-including regularisation and revised fire safety certificate applications; and
- Processing, validating, assessing and granting/refusing Disability Access Certificate (DACs) applications-including revised disability access certificate applications.
- Maintenance of the Statutory Building Control Register.
- Processing of Appeals under to the Board under section 7(1)(a) or 7(1)(b) of the Act”
Download PDF here: Framework for BCAs Version 1.1 June 2016
BCMS Steering Committee Members (source: Framework for BCAs, June 2016)
Other posts of Interest: