Design Certifier, Assigned Certifier & Assigned Builder - When do I need them?

written by Tracey Sludds
Design Certifier Assigned Certifer And Assigned Builder Requirement Chart

In March 2014 the Government introduced the Building Control (Amendment) Regulations (BC(A)R), also referred to as S.I.9 of 2014. This legislation describes substantial new procedures for control of building activity and applies to most building works. In September 2015, following a consultation period, the Government introduced a supplementary Statutory Instrument (S.I.365) that amended and clarified parts of S.I.9. 

S.I.9. applies to most commercial works, including some fit-out works, but more specifically the following works & buildings:

  • a)the design and construction of a new dwelling,
  • b)an extension to a dwelling involving a total floor area greater than 40 square metres,
  • c)works to which a Fire Safety Certificate is required (Where Part III applies).

When works or buildings fall under the requirements of S.I.9 of 2014 and where the Opt Out of S.I.365 of 2015 is not permitted or chosen, a Building Owner must:

  • Appoint a competent adequately resourced professional to carry out the role of Design Certifier,
  • Appoint a competent adequately resourced professional to carry out the role of Assigned Certifier,
  • Appoint a competent adequately resourced contractor to carry out the role of and Assigned Builder,
  • Sign the Commencement Notice (or 7 day notice) which is lodged,
  • Sign and submit a notice of assignment of Assigned Certifier and Builder,
  • Ensure that a Fire Safety Certificate and Disability Access Certificate are obtained if and when required.
  • Promptly appoint a replacement Assigned Certifier or Builder if and when required, and notify the relevant Building Control Authority of the new assignments.
  • Where there is a change of Building Owner prior to the submission of the completion certificate, the new Building Owner shall give notice to the relevant Building Control Authority of the change in Building Owner and notify the Building Control Authority in writing of all appointments in place for the completion of the works.
  • Maintain Records.

S.I.365 allows building owners to Opt Out of S.I.9, using a Statutory Certificate, for one off houses or domestic extensions greater than 40 square metres. If you chose the Opt Out under S.I.365 you will not need a Preliminary Inspection Plan prepared by the Assigned Certifier, Certificate of Compliance (Design), Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier), Certificate of Compliance (Undertaking by Assigned Certifier), Certificate of Compliance (Undertaking by Builder) or a Certificate of Compliance on Completion and accompanying documents.

You will however need a Declaration of Intention to Opt Out of Statutory Certification, a Commencement Notice including: (i) general arrangement drawings, (ii) a schedule of compliance documents as currently designed or to be prepared at a later date, (iii) online assessment on the BCMS, Notice of Assignment of Builder, and to ensure the building is designed and built in compliance with the Building Regulations.

For projects works that fall under S.I.9, the building may not be occupied until the completion documents have been accepted by the Building Control Authority and the project entered on the Register. A Certificate of Compliance on Completion, signed by the Builder and the Assigned Certifier, must be lodged on the BCMS (Building Control Management System) together with documents which show alterations from those originally lodged at Commencement Notice Stage and a completed Inspection Plan showing what inspections were undertaken.