BUILDING CONTROL MANAGEMENT SYSTEM - FREQUENTLY ASKED QUESTIONS - LINK TO WEBSITE
Frequently Asked Questions on 7 Day Notices
What is a 7 Day Notice?
A 7 Day Notice Application is a “fast track” way of commencing works prior to the Fire Safety Certificate being granted.
What is the fee for a 7 day notice?
The standard fee minimum for a 7 Day Notice is €250 or €5.80 per square metre of floor, whichever is the greater. The maximum fee is €25,000. This is double the amount for a standard Fire Safety Certificate application. The fee may vary depending on the work proposed and the fees are listed in the Fifth Schedule of the Building Control Regulations.
Do I need to apply for a Fire Safety Certificate as well?
Yes, the 7 Day notice must be accompanied by a valid Fire Safety Certificate application and a statutory declaration in respect of the work proposed, but only the fee for the 7 day notice applies. You do not have to submit separate fees for both the Notice and the Fire Safety Certificate.
Can you apply for a 7 day notice if you have already applied for a Fire Safety Certificate?
Yes, if you have made a valid application for a Fire Safety Certificate you may submit a 7 day notice provided you submit the reference number of the original application, the revised fee and all the required documentation as listed in Article 20A of the Regulations. You should liaise with your local Building Control Authority.
What information should be included in the Statutory Declaration?
The name of the applicant on the Statutory Declaration must match that of the applicant on the 7 Day Notice application form. Also, the description of works on the Statutory Declaration must match the description provided on the 7 Day Notice application form. The Statutory Declaration must be signed, addressed, dated and stamped by a Commissioner of Oaths.
Where do I submit the 7 Day Notice?
You must submit your 7 day notice through the BCMS Online System.
Frequently Asked questions for Disability Access Certificates - All Applications must be made through the BCMS online.
PLEASE NOTE – ALL APPLICATIONS MUST BE MADE THROUGH BCMS – NO PAPER APPLICATIONS ARE BEING ACCEPTED AT THE COUNCIL OFFICES OR THE FIRE STATION
What is a Disability Access Certificate?
A Disability Access Certificate is a certificate granted by a Building Control Authority which certifies compliance of the design of certain works (e.g. new buildings (except dwelling houses), some extensions to, and some material alterations to buildings (except dwelling houses) with the requirements of Part M of the Building Control Regulations.
When is a Disability Access Certificate required?
A Disability Access Certificate is required in respect of the following works to buildings other than dwellings (but including apartment buildings), in so far as the Requirements of Part M apply and which commence or take place on or after 1st January 2010. Where a Fire Safety Certificate is required for any works, a Disability Access Certificate is also required.
Is a Disability Access Certificate required prior to submitting a commencement notice?
No. However, A Disability access certificate is required for nondomestic works which require a Fire Safety Certificate. It is strongly advised that you obtain a Disability Access Certificate prior to work commencing on site and this will avoid any expensive remedial works which may delay the occupation and/or opening of the building to have you Disability Access Certificate application lodged or granted when submitting your commencement notice.
Note: A building shall not be opened, operated or occupied unless a Disability Access Certificate has been granted on the building.
How long will a Disability Access take?
It can take up to 8 weeks for a decision to be made on a Disability Access Certificate,or may take longer if it’s agreed with the applicant and the Building Control Authority.
When should I apply for my Disability Access Certificate?
It is best practice to apply for your Disability Access Certificate at the same time you are applying for your Fire Safety Certificate.
What if I already have my Fire Safety Certificate?
Apply for your Disability Access Certificate as soon as possible.
What is the fee required for a Disability Access Certificate?
The cost is €800 per building. The fee is reduced to €500 where the application is made prior to commencement and coincides with an application for a fire safety certificate.
Can the decision of the Building Control Authority be appealed?
Yes, the decision can be appealed to An Bórd Pleanála. The decision must be appealed within 28 days of the decision of the Building Control Authority.
Who can sign the application form?
The application form is to be signed by owner or leaseholder. The Council will accept an application form signed by an agent on behalf of the owner /leaseholder only if it is accompanied by a letter from the owner /leaseholder giving their permission for the agent to sign on their behalf.
The letter from the owner /leaseholder must be signed in original ink, must be dated with a recent date and include the name of the owner/leaseholder in printed form, the address of the property, and the name of the agent, which must be identical to the signatory of the form. The letter should state the named agent has the power to act for the owner/leaseholder in the matter of the application.
What else is required?
Have you any guidelines on how to prepare a Disability Access Certificate application?
The Local Government Management Agency has published an excellent sample-based approach to making a DAC application which we would encourage you to follow. The guide includes information on
For more information
Building Control Section
Kildare County Council
Aras Chill Dara
Tel: 045 980842
Frequently Asked Questions for Fire Safety Certificates
ALL APPLICATIONS MUST BE MADE THROUGH THE BCMS ONLINE - PLEASE CONTACT THE FIRE STATION IN NEWBRIDGE IF YOU HAVE ANY QUERIES - contact details below
What is a Fire Safety Certificate?
A Fire Safety Certificate is a certificate issued by the Building Control Authority on foot of an application submitted to it. A Fire Safety Certificate certifies that the works or building to which the application relates will, if constructed in accordance with the plans and specifications submitted, comply with the requirements of Part B [Fire] of the Second Schedule to the Building Regulations 1997.
Which developments require a Fire Safety Certificate?
The following developments (other than those listed as exempt below) require a Fire Safety Certificate;
Which developments are exempted from the requirement of a Fire Safety Certificate?
The following buildings are exempted from the requirement to obtain a Fire Safety Certificate:
How does the Fire Safety Certificate process work in Kildare County Council’s Fire Authority?
An application is submitted to the Central Fire Station, Newbridge, Co. Kildare. Valid applications are date stamped and an acknowledgement stating date of receipt is sent to the applicant.
The application is examined technically for compliance with the ‘Fire’ part of the Building Regulations. Where it is considered that additional information or modifications are required to the application, the officer examining the application may request such additional information/modification from the applicant.
The Building Control Authority must notify the applicant of the decision on the application within two months of the date of receipt of a valid application or within such extended period of time as may be agreed between the applicant and the Authority at any time.
What must be submitted with a Fire Safety Certificate Application?
What drawings are required?
An application shall be accompanied by such plans (including a site or layout plan and drawings of floor plans, elevations and sections) and such other particulars as are necessary to identify and describe the works or building and to enable the building control authority to assess, whether the said works or building would comply with requirements of Part B of the Second Schedule to the Building Regulations.
What should the fire safety report contain?
The application is required to demonstrate that the development will comply with Part B (Fire) of the Second Schedule to the Building Regulations. One way to achieve this is to systematically address each relevant clause of the particular Codes and Guidance documents which are being used in the fire safety design of the building.
When can work on the development start?
Where a Fire Safety Certificate is required in respect of works or a building then a person shall not carry out the works until a Fire Safety Certificate has been issued for the works. Where it is proposed to commence work before grant of the relevant Fire Safety Certificate a 7 Day Notice shall be submitted via the BCMS system.
What about changes in the design after a Fire Safety Certificate has been granted?
A Fire Safety Certificate is granted based on the design and information submitted. Deviations at construction stage from the documentation submitted may call into question the validity of the Fire Safety Certificate as it applies to the development. Where significant revision is made to the design or works of a building or a building extension or a material alteration or material change of use of a building in respect of which a fire safety certificate has been granted then a Revised Fire Safety Certificate is required in respect of the works.
Will Kildare County Council inspect the development when it is completed?
The Building Control Authority has the power to inspect and your building may be inspected for compliance with the Building Regulations and with the Fire Safety Certificate issued. Where there is non compliance, enforcement action may be initiated.
Will Kildare County Council certify the development when it is completed?
No. The building can only be certified by someone who has overseen the construction and you are advised to employ your fire safety consultant to oversee and certify the fire related aspects of the work.
What happens to a development carried out without a Fire Safety Certificate?
If you carry out works without a Fire Safety Certificate you are liable to prosecution under Building Control Legislation. It is also a serious offence to occupy a building which requires a Fire Safety Certificate in the absence of a fire safety certificate. Where works have been commenced or completed in the absence of a fire safety certificate or the submission of a 7 day notice then an application must be submitted for a Regularisation Certificate. You should also note there are serious consequences of carrying out works in the absence of a Commencement Notice.
Central Fire Station
Co. Kildare W12 PW70
Tel: 045 454800
Exemption from Proeprty Tax - FAQs
FAQ on Exemption from Local Property Tax for Unfinished Housing Developments
What is the Local Property Tax?
As announced in Budget 2013, an annual Local Property Tax (LPT) will come into effect from 1 July 2013.
Local Property Tax (LPT) is a tax payable on the market value of residential property. It will come into effect from 1 July 2013.
It will be administered by Revenue and a half-year charge will apply in 2013.
A detailed guide on the Local Property Tax is available on the website of the Revenue Commissioners - http://www.revenue.ie/en/tax/lpt/index.html
Is there an exemption for unfinished housing estates?
Yes. Section 10 of the Finance (Local Property Tax) Act 2012 provides that the Minister for the Environment, Community and Local Government may prescribe a list of unfinished housing developments to which an exemption from the local property tax will apply.
Who does the exemption apply to?
The exemption applies to the developments listed in the schedule to the Finance (Local Property Tax) Regulations 2013 (S.I. XX of 2013).
The Regulations can be viewed at www.environ.ie
The developments to which the exemption applies can also be viewed at www.myplan.ie
How was the list developed?
The list was developed primarily on the basis of the 2012 National Housing Development Survey using the categorisation of “seriously problematic condition”.
How is the list different to the list of estates eligible for the waiver from the Household Charge?
The basis for the exemption is similar – this list was compiled using the results of the 2012 survey just as the list of estates eligible for the waiver from the Household Charge was compiled using the results of the 2011 National Housing Development Survey. However, the survey itself and the methodology for carrying it out was significantly refined in 2012.
The survey was first compiled over the course of summer 2012 and on the basis of an agreed nationally consistent set of criteria and survey methodology with local authority returns in accordance with this methodology.
The Department of the Environment, Community and Local Government working in conjunction with the Housing Agency, co-ordinated the carrying out of the survey and publication of its results.
The Department wrote out to all authorities in February to inform them that the 2012 survey would form the basis for the list to which the exemption would apply.
Authorities were asked to either confirm or update this list.
Using the returns provided by all local authorities, a list of housing developments was prepared and submitted for purposes of being prescribed under regulations for the exemption.
I was eligible for the waiver from the Household Charge. Why am I not eligible for an exemption from the property tax?
The National Housing Development Survey 2012 revealed that 1,203 developments which had previously been included in the 2011 Survey could be removed as they were either substantially complete or developments that had never commenced, and many substantially complete developments could progress to being taken in charge by local authorities.
Since 2010, the number of such developments has fallen 37% to 1,770.
Whereas the Annual Household Charge waiver list contained some 1,322 developments, and approximately 43,000 households, the waiver from payment of the property tax will apply to 421 developments, or approximately 5,100 households
The reductions in the list of properties eligible for a waiver on the Local Property Tax compared to the Household Charge reflects progress made in tackling unfinished housing developments as well as a more objective and refined approach to identification of relevant housing developments applied to the 2012 National Housing Development Survey as well as, in some cases, further progress made since the 2012 Survey was concluded.
Can I appeal the application of the waiver?
There is no appeals mechanism.
Who can I talk to about the categorisation of the development in which I live?
If you want to discuss the compilation of the list of developments in your area you should contact your local authority’s Unfinished Housing Estates Coordinator. Contact details for all local authorities can be obtained at www.housing.ie
Where can I find out more about the Local Property Tax?
A comprehensive guide, FAQ document and online interactive valuation facility can be accessed via www.revenue.ie
GETTING IRELAND BREXIT READY - LINK TO THE DEPARTMENT OF HOUSING, LOCAL GOVERNMENT AND HERITAGE
Construction Industry – Preparing for the end of the Brexit Transition Period Frequently Asked Questions
Link to the Department of Housing, Local Government & Heritage - Building Standards Page