The advent of SI No.9 of 2014 – the Building Control (Amendment) Regulations – has generated a substantial amount of discussion and debate on how they will be implemented by the sector and the efficacy of a regime of compliance that relies on a form of self-policing by the various parties to the building project – the building owner, the builder, the Assigned Certifier, the Design Certifier and the various Ancillary Certifiers.

In this regard, the various stakeholder representatives of the Association of Consulting Engineers of Ireland, Construction Industry Federation, Engineers Ireland, Royal Institute of the Architects of Ireland and Society of Chartered Surveyors of Ireland, Department of Environment officials and representatives of the County and City Managers Association, collectively, developed the following suite of documents:

• SI No.9 of 2014
• The Code of Practice for the Inspecting and Certifying Buildings and Works;
• Ancillary Certificates for Chartered Engineers, Registered Architects, Registered Builders, Builders and Subcontractors and Specialists; and
• The Framework for Building Control Authorities.

The various stakeholders in the sector have hosted numerous continuing professional development (CPD) events to explain the implications of the new regime of building control. However, with respect to two other aspects of the new legislation, the stakeholders in the sector have had to seek expert advice. For most professionals operating in the building sector, the legal and indemnity implications of the new Regulations are of greater concern than the actual Regulations themselves. This may be due to the fact that the Regulations are not any more prescriptive on how a design professional undertakes his client obligations of design and inspection, but rather by taking on the role of Assigned or Design Certifier and doing so as a named individual, the individual believes he or she has a greater exposure to litigation in terms of how those undertakings are certified and shown to be in accordance with best practice in terms of the declarations within the suite of BC(A)R documents.

Engineers Ireland BC(A)R guidance document

Engineers Ireland has sought to address these concerns by publishing a guidance document on the legal and indemnity aspects of BC(A)R. This document has been prepared by two companies with whom Engineers Ireland enjoys a close working relationship and has been provided on a pro-bono basis. Beale & Company and Griffiths & Armour are co-sponsors of the annual Engineers Ireland Excellence Awards and the individuals who have contributed to this document have spoken at various CPD events on their specialist subjects in the context of BC(A)R. Building Control (Amendment) Regulations 2014 and The New Regime has been prepared as a service to the members of Engineers Ireland and, accordingly, is uploaded to the Engineers Ireland website. However, as it has the status of a ‘guidance document’, individuals or companies who avail of the advice it contains should NOT rely on it exclusively but SHOULD discuss this advice with their own legal teams and professional indemnity insurance (PII) providers. If, as a company, you have individuals who are taking on the roles of Assigned Certifier or Design Certifier, the advice is to discuss how this might impact on PII terms with your individual broker. As a self-employed professional acting in these roles, the requirement to consult with your legal and PII advisers is even more critical. Ancillary Certifiers are not named individuals, but the legal and PII implications of taking on these roles are just as important to companies and individuals.