Priory Hall and the pyrite estates taught Ireland what uncertified construction costs. The answer — the Building Control (Amendment) Regulations 2014, universally “BCAR” — rebuilt the system around named, registered professionals signing statutory certificates. For owners, buyers and anyone in a defects dispute, understanding who certified what is no longer optional background: it is the defendant map.
Mary Molloy Solicitors are solicitors, not engineers, architects or building surveyors. Nothing on this page is a technical assessment of any property or works. Defects claims stand or fall on independent expert evidence — a chartered engineer’s or building surveyor’s report — obtained early. Scheme rules, grant rates and legislation in this area change frequently; confirm the current position before making any decision.
The Certification Chain
- Before commencement: the design certifier certifies the design’s compliance with building regulations, lodged with the commencement notice;
- During construction: the assigned certifier — a registered architect, chartered engineer or building surveyor — runs the inspection plan and coordinates ancillary certification;
- At completion: the Certificate of Compliance on Completion, signed by assigned certifier and builder, registered by the building control authority — without which the building may not lawfully be opened, occupied or used.
The Opt-Out and Its Long Tail
Since SI 365 of 2015, one-off houses and domestic extensions may opt out of the statutory certification chain — a saving at build time with a tail that surfaces at every future sale, mortgage and dispute: what stands behind this build’s compliance? Opted-out homes rely on whatever professional opinions were privately obtained, and buyers’ solicitors ask. Self-builders weighing the opt-out — and buyers weighing an opted-out house — should both price the tail, not just the saving: the paperwork review is where that conversation happens.
When Certified Buildings Fail Anyway
BCAR’s statutory paper trail — registers, inspection plans, signed certificates — is exactly what negligence claims are built from. Where a certified building turns out defective, the questions write themselves: what did the inspection plan cover, what was actually inspected, what did the certificate assert, who relied on it? Certifiers carry professional indemnity insurance, which puts them firmly on the recoverable-defendant map when builders cannot pay: professional negligence claims, and the wider defects practice. As ever, the limitation clocks run while owners deliberate.
A Certification Question - or a Certified Building With Defects?
Commencement to completion certificate, opt-out to negligence claim: one call places your facts on the regulatory map.
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About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising homeowners, self-builders, subcontractors and SME contractors across Ireland on building disputes, defects claims and payment recovery. Richard holds a Diploma in Mediation from the Law Society of Ireland — central to construction work, where conciliation and mediation resolve many disputes without a courtroom. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.