A Certificate of Compliance is a crucial document in the construction process in both the Republic of Ireland (ROI) and Northern Ireland (NI). It ensures that a building or renovation project complies with local building regulations and planning permission. Without this certificate, you may encounter legal and financial difficulties when trying to sell or insure the property in the future.
Certificate of Compliance in the Republic of Ireland
In the Republic of Ireland, obtaining a Certificate of Compliance is required by law under the Building Control (Amendment) Regulations 2014 (BCAR). This certificate confirms that all works carried out on a project comply with Building Regulations and any conditions of the Planning Permission.
Key Points:
- Assigned Certifier: Under BCAR, an Assigned Certifier (usually an architect, engineer, or surveyor) is appointed at the start of the project. They are responsible for overseeing the works and ensuring compliance at every stage.
- Building Control Authority: Throughout the project, the certifier submits documentation to the local Building Control Authority, including commencement notices, inspection plans, and compliance certificates.
- Completion Certificate: Upon project completion, the Assigned Certifier issues a Certificate of Compliance on Completion, confirming that the building complies with the Building Regulations. This certificate must be lodged with the Building Control Management System (BCMS) before the building is occupied or used.
The Certificate of Compliance is necessary for legal validation of the construction works, and without it, the property may not be deemed compliant for occupation, mortgage approval, or sale.
Certificate of Compliance in Northern Ireland
In Northern Ireland, a Certificate of Compliance is required to confirm adherence to the Building Regulations (Northern Ireland) 2012, as overseen by the Department of Finance’s Building Control Division.
Key Points:
- Building Control Officers: The local council’s Building Control Officers inspect the project at various stages to ensure that it complies with Northern Ireland's Building Regulations.
- Completion Certificate: At the end of the project, once all inspections are passed, the local council issues a Completion Certificate, which acts as the Certificate of Compliance.
- Planning Permission: In addition to compliance with Building Regulations, you must also ensure that the development complies with planning permission. A Certificate of Lawful Use or Development may also be required if planning permission was not explicitly needed, but the building works fall under permitted development rights.
Like in ROI, the Certificate of Compliance is crucial for legal, insurance, and mortgage purposes in Northern Ireland.
Importance of the Certificate of Compliance
- Legal Requirement: Both in ROI and NI, the Certificate of Compliance is a legal requirement for most construction projects, especially for new builds, significant renovations, and extensions.
- Property Value: A property without a valid Certificate of Compliance may face difficulties when being sold, mortgaged, or insured, as it indicates potential non-compliance with critical building standards.
- Building Safety: The certificate ensures that the construction meets safety standards and provides protection against structural failures, fire hazards, and other risks.
Failure to obtain a Certificate of Compliance can lead to legal challenges, difficulties in obtaining insurance, and problems with the future sale or use of the property. Therefore, it is essential to ensure that all works are certified as compliant before the project is deemed complete.