Q. We recently purchased a new penthouse apartment; the roof has a flat surface and has a membrane installation. We discovered some issues for which the builder has carried out remedial works. I have requested drawings and material specification including wind calculations, can you advise if I am legally entitled to be supplied with these documents? I have requested both verbally and in writing. The builder has replied saying they are unable to provide this information as this is an internal document which they do not share with any owner/occupier. I look forward to receiving the necessary advice.
A. We note that your query relates to a recent purchase of a new penthouse apartment and the documents you are seeking relate to the design and construction of the apartment. The design and construction of buildings is regulated under the Building Control Acts 1990 to 2014 and the Building Control Regulations 1997-2015 which require owners, builders and registered construction professionals to demonstrate through the statutory Building Control Management System (BCMS) that the works or building have been designed and constructed in compliance with building regulations.
The BCMS was introduced with effect from March 1st, 2014, and is likely to apply to the penthouse apartment if the commencement notice for the development was filed after that date.
We would advise that you search the Building Control Management System (BCMS) statutory public register available at localgov.ie. The BCMS was developed to enable the electronic submission of Commencement Notices, Certificates of Compliance and all required documents associated with these statutory requirements to local authorities. The contact information for BCMS is buildingstandards@housing.gov.ie.
The BCMS requires a form of commencement notice, which must be filed electronically and must be accompanied by a substantial amount of documentation. The documents required include all plans, drawings, and calculations, which will demonstrate that the building will comply with the standards imposed by the building regulations. In addition, completed certificates in a specified form, whereby the building owner appoints the builder, the designer certifies the design, and the builder undertakes to build in accordance with the regulations, must be filed.
When a building is completed, a two-part Certificate of Compliance on Completion must be filled in – Part A by the builder and Part B by the assigned certifier. These certificates must be submitted to the building control authority, which is obliged to keep a register of such certificates. The Certificate of Compliance on Completion must be accompanied by the inspection plan as implemented by the assigned certifier in accordance with the code of practice and any documentation necessary arising out of changes in the building.
All documentation filed with the building control authority will be retained for at least six years. This should include ancillary certificates, plans, calculations, specifications, documents and records of inspection.
The solicitor who acted in your purchase will have required a copy of the Certificate of Compliance on Completion signed and registered, together with proof of its registration as evidence of compliance of the building with the building regulations. You should consult your solicitor to seek a copy as this may include the documents you require.
Siobhán Durkan, Solicitor, at P O'Connor & Son, poconsol.ie
