Minister for Planning and Local Government Peter Burke has today signed the Building Control (Commencement Notices) (Residential and Childcare Services Construction) Regulations 2021. There have been a significant number of valid Commencement Notices (CNs) submitted to Building Control Authorities over recent months which could not commence during the period of Covid restrictions.

There are over 4,400 dwellings associated with the valid commencement notices to which these Regulations will apply, according to Minister Burke, and the regulations signed today allow a person to commence these works without submitting a new Commencement Notice, provided that the works commence not later than 26 April 2021.

In the normal course of events, commencement notices need to be submitted not less than 14 days before building can start on a site. However, enforcing this requirement would further delay the beginning of residential construction projects beyond 12 April 2021,” stated Minister Burke.

In light of the urgent need to get back to building houses as soon as possible, and the announcement by the Taoiseach signalling a phased easing of COVID restrictions, I have taken the decision to implement regulations waiving the requirement for the re submission of valid commencement notices.

This will ensure that our construction industry stands ready to return to work and we can recommence both the public and private building of homes as soon as possible.

In addition, early learning and childcare and school aged childcare services will be added to the list of essential services for construction activity during these restrictions to align with the current exemption to primary and secondary schools (where school building projects are progressing) and to allow important fire safety works to progress. These measures will continue up to the 4 May 2021, at which point the full re-opening of construction activity will be considered.

Notes

The Department is aware of the significant number of valid Commencement Notices (CNs) submitted to Building Control Authorities over recent months in accordance with article 8[1] of the Building Control Regulations 1997 (S. I. No. 496 of 1997). Due to Covid restrictions, many of the building projects associated with these CNs, could not commence within the 14 day period of time permitted in article 8. In the context of restrictions lifting for residential construction projects and construction activity relating to early learning and childcare or school aged childcare services on 12 April 2021, a new CN would normally be required for these building projects to now proceed. Such a new CN would need to be submitted not less than 14 days before the intention to actually commence on site. This requirement could further delay commencement of these building projects beyond 12 April 2021.

The Building Control (Commencement Notices) (Residential and Childcare Services Construction) Regulations 2021 facilitate the prompt commencement, as a result of the lifting of Covid restrictions, of residential construction projects or construction activity relating to early learning and childcare or school aged childcare services for which a valid CN, submitted between 3 December 2020 and 28 March 2021, relates. The Regulations allow a person commence these works without submitting a new CN, provided that the works commence not later than 26 April 2021.

[1] A person who intends to carry out any works, or to make a material change of use as regards a building to which this Part applies, shall give, to the building control authority in whose functional area the works or building are, is or will be situated, notice in writing of such intention (in these Regulations referred to as a “commencement notice”) not less than fourteen days and not more than twenty-eight days before the commencement of the works or the making of the material change of use’.

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