Registered Builder/Developer is a member of HomeBond. All members are required to have the relevant levels of technical construction competence and sufficient financial ability.

These are construction consultants who have a high level of understanding of the Building Regulations and HomeBond’s requirements.

Building regulations are government policies which set out how dwellings should be constructed. Building regulations applies to nearly all construction work undertaken. The primary purpose of the Building Regulations is to provide for the health, safety and welfare of people in and around buildings. 

The Building Regulations are set out in the Technical Guidance Documents, these documents can be viewed at http://www.environ.ie/en/TGD/.

The Building Control Regulations are again government policy on how to promote compliance with the Building Regulations. The have powers which of inspection and enforcement. A key aspect of the Building Control Regulations is Commencement Notice of works and Fire Safety Certificates.

The BUILDING CONTROL (AMENDMENT) REGULATIONS 2013 is due to come into effect on 01 March 2014. The key amendments are:

(1) A commencement notice shall be -

• (a) in the form set out for that purpose in the Second Schedule, and
• (b) subject to sub-paragraph (2), accompanied by -
  • (i) such plans, calculations, specifications and particulars as are necessary to demonstrate how the proposed works or building will comply with the requirements of the Second Schedule to the Building Regulations relevant to the works or building concerned,
  • (ii) a Certificate of Compliance (Design) in the form set out for that purpose in the Second Schedule,
  • (iii) a Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier) in the form set out for that purpose in the Second Schedule,
  • (iv) a Certificate of Compliance (Undertaking by Assigned Certifier) in the form set out for that purpose in the Second Schedule,
  • (v) a Notice of Assignment of Builder in the form set out for that purpose in the Second Schedule, and
  • (vi) a Certificate of Compliance (Undertaking by Builder) in the form set out for that purpose in the Second Schedule, and
• (c) accompanied by such fee as is required under Part V.

(2) The requirements of sub-paragraph (1)(b) shall apply to the following works and 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 Part III applies (ie: Fire Safety Certificate)

Additional information on Building Control Regulations is available at: http://www.environ.ie/en/DevelopmentHousing/BuildingStandards/.

HomeBond is the leading provider of structural defect cover for new homes in the Republic of Ireland since 1978. To date more than 600,000 homes have been registered with HomeBond.

For Home Buyers the purchase of a new home is probably the biggest investment they are ever likely to make. It is vital therefore that this asset is protected. When a Home Buyer purchases a HomeBond registered home they have insurance cover* in relation to deposits, stage payments and structural defects issues.

For the Home Builders, HomeBond, through HomeBond Insurance Services Ltd, and underwritten by Allianz plc, offers HomeBond Insurance. This provides* structural defect insurance with deposit and stage payments cover for new homes. HomeBond is dedicated to developing standards of construction, inspecting dwellings and giving advice to builders on all aspects of construction.

For more information go to www.HomeBond.ie.

HomeBond now offers a Building Regulations Training Programme, through HomeBond Technical Services Ltd., to meet the needs of builders, developers, construction managers, on-site staff, design professionals and construction sector students.

The increasing complexity of the Building Regulations and the proposed Building Control (Amendment) Regulations will make it critical for all in the residential construction sector to have an in-depth understanding of the relevant legislation. It is anticipated that the proposed Building Control (Amendment) Regulations will provide for mandatory certificates of compliance by designers and builders, and for the lodgement of plans and particulars which demonstrate how compliance with all requirements of the Building Regulations is achieved by a building. This will be a significant change to the Building Control system in Ireland and the Building Regulations Training Programme offered by HomeBond will provide technical and practical training to meet the needs of attendees.

See more information at: www.homebond.ie/training/

BuildSMART.ie allows you search for:

• Registered Builders / Developers
• Assigned Certifiers
• Construction Product information

This is a search facility of Register Builder and Developers.

See section http://www.buildsmart.ie/builder-developer/

This is a search facility of Assigned Certifiers in the residential construction sector.

See section http://www.buildsmart.ie/certifier-link/

What is ProductCheck

ProductCheck is an on online resource that allows users search for reference standards and product information appropriate to residential construction.

What are reference standards

Irish, British and European Standards, Agrément Certificates, Codes of Practice and certain industry publications are commonly referred to as reference standards.

Why use reference standards

Reference Irish, British and European Standards, Agrément Certificates  and Codes of Practice are incorporated in the specifications for a construction project by listing the publisher and standard number, title, or other description.  The use of reference standards promotes quality assurance and uniformity in interpretation, emanating from extensive research and procedures via a consensus of national industry experts within specialised fields of interest. The provisions of reference standards become a part of the specifications just as if they were included in their entirety.

How to use reference standards

A reference standard should be reviewed and its content and purpose understood before including it in any specification. The user should be familiar with a number of important issues related to the use of reference standards, including the following:

• Applicability – an understanding of how standards apply to a particular product is necessary, so that the standards most appropriate for the product and application are specified.
• Quality – reference standards often define quality in terms of minimum requirements, and such requirements may be so restrictive that many commercially available materials may be excluded or may be so liberal that nearly any material produced can meet them.
• Availability – members of the site construction team may not have access to a library of current standards and so the intended specific design intent may be lost within the provisions of a referenced standard.
• Duplication & Conflict – the requirements of one standard may conflict with another when two or more standards are quoted for a given product, and this may result in the use of an inferior product.
• Optional Provisions – some standards contain optional provisions including categories, classes, or groups from which applicable properties must be selected. The appropriate choices from the options must be referenced.
• Multiple Standards – standards usually contain references to other standards, and the effect of the additional references on the design must be understood. If mis-understood, conflicts of information and optional provisions may affect the construction project in undesirable ways.

Who will require product information

Many products are incorporated into every construction project and compliance with product standards is central in meeting the requirements of the Building Regulations and the Construction Products Regulations. Although many design and construction team members are involved in selecting and purchasing products and systems, the person actually developing the project specifications is the most likely to request comprehensive technical assistance.

The Assigned Certifier requires product information to create adequate drawings and specifications during design, and to verify construction on-site when inspection and certification services are undertaken. The Registered Builder requires accurate information to properly procure products for incorporation into the construction project in accordance with the use intended for the product.

Obtaining product information

It is imperative that product information is obtained from reliable sources. Product information should contain pertinent technical data so that the user can determine the suitability of a product for use in the construction project. Reliance on just one source of product information is not recommended, and the Assigned Certifier and Registered Builder should accumulate as much data from various sources as time, budget and resources will allow.

Sources of product information

The general sources of product information include:

• Product technical representatives
• Manufacturer’s websites and catalogues
• Suppliers, importers, distributors
• Contractors and sub-contractors
• Industry wide publications
• Product directories
• Professional and trade associations
• Trade-specific periodicals and events
• Technical manuals

Generic specification of products

If construction products are specified generically at design stage without identifying the manufacturer or product name and reference number, then research through proprietary product information will be essential for all construction team members including the Assigned Certifier responsible for inspection and certification of the construction works. In many circumstances, proprietary product information is provided by a technical representative of the manufacturer or supplier in order to assist with product selection.

Product technical representative

To be effective in meeting the needs of all parties during the course of a construction project, a product technical representative must provide accurate information with the necessary level of detail appropriate to the stage of the project. A representative who exhibits detailed knowledge, competence, and willingness to consult and has a history of reputable dealings is an important resource for all construction team members.

In certain circumstances, the representative may provide assistance in preparing a specification and providing details for product installation for use in drawings, and the representative is often consulted when cost estimates and product comparisons need to be evaluated. It is important for representatives to understand the requirements of reference standards and the effect on the use of the product.

Often members of the construction team, through years of industry experience, establish working relationships with product technical representatives upon whom they rely for accurate product information.

Evaluating products

The evaluation of products is commonly achieved by implementing the following three steps – (1) Establish product requirements by stating the desired performance and attributes, (2) Compare aspects such as product characteristics, manufacturer, installation requirements, initial and operating costs, maintenance requirements,  warranty requirements, (3) Identify suitable products by compiling a list of suitable products that satisfy the requirements.

See section: http://www.buildsmart.ie/product-check/

HomeBond Insurance is a structural and defect insurance with deposit and stage payment cover for new homes. Once the Certificate of Insurance is issued, HomeBond Insurance provides financial cover* for relevant structural and relevant defects, should they arise. The Policy covers*:

Structural Defects 
Cover for 10 years in respect of the repair of major structural defects.

Smoke Penetration / Water Ingress
Cover for 5 years in respect of remedial work in the event of water ingress / smoke penetration caused by major structural defects.

Deposits & Stage Payments 
Cover for Home Buyers for the loss of money deposited for the construction or purchase of a new home.

More information available at: http://www.homebond.ie/home_buyers/

Professional Indemnity insurance is a class of liability insurance that covers consequences of neglect, error or omission by a professional taking out the policy.

If you do not comply the work will not be legal. You could be prosecuted and could face a fine of up to €50,000. The work may not be safe or could cause health problems. It may also not meet energy efficiency standards. If work is found to be faulty your local authority could insist you put it right at your own expense. If the work has not been carried out by a Registered Builder or certified by an Assigned Certifier you will have no record that the work complies with Building Regulations. This will be important when you come to sell your home as you may be asked to provide certificates of compliance with the Building Regulations.

As the building owner, you are legally responsible for ensuring that building work, design or construction meets the appropriate building standards. It is important that you get building professionals for your project that are competent, experienced and have an understanding of building standards. Registered Builders and Assigned Certifiers are qualified to carry out specific types of work in accordance with Building Regulations and Building Control Regulation. In addition, you will have access to a robust complaints procedure to use in the unlikely event work is found to be non compliant.

Registered Builders and Assigned Certifiers have a legal duty to comply with any current statutes or statutory provisions which are applicable to their particular functions. A Certificate of Completion will be issued to you which can be used as proof of compliance with the Building Regulations and Building Control Regulations. It will also show up on a solicitors local authority search whenever you sell your home. If you do not use a Registered Builder you will not be able to avail of protection under HomeBond Insurance, which includes cover for ingress of water and defects in chimneys and flues for a period of 5 years, and cover for Major Damage for a period of 10 years; subject to the terms and conditions in the Policy Document. If you do not use an Assigned Certifier then you will be in breach of the Building Control Regulations and you could be prosecuted and could face a fine of up to €50,000, and you may not be available to avail of protection under a professional indemnity insurance policy.

Safety, Health and Welfare at Work (Construction) Regulations 2013  
Effective 1 August 2013
Domestic homeowners are now included in the definition of “client” and must appoint:

• a competent Project Supervisor Design Process (PSDP) in writing, at or before the commencement of the design process
• a competent Project Supervisor Construction Stage (PSCS) in writing, at or before the commencement of the construction stage

if construction work > 30 days or volume work exceeds 500 person days or specified risks exist or more than one contractor is involved; and must issue

• a preliminary Safety and Health Plan to the PSCS

Under the Construction Products Regulation, from 1st July 2013, all construction products are require to have a CE mark. The CE Mark has to be de in accordance with a harmonized European norm (hEN) or a European Technical Assessment (ETA). Related to this all products have to have a Declaration of Performance (DOP).

The EU Construction Products Regulation (No. 305/2011 - CPR) lays down harmonised conditions for the marketing of construction products and is directly applicable in its entirety in Irish law.
The four key instruments are:

• A system of harmonised technical specifications
• An agreed system of Assessment and Verification of Constancy of Performance (AVCP)
• A framework of notified bodies
• The CE Marking label (refer to diagram)

The system of harmonised technical specifications include harmonised European standards (hENs) [generally for traditional construction products], and European Assessment Documents (EADs) [usually for innovative products].  These both provide assessment methods for the performance of construction products.

What does the CPR require?
From 1 July 2013, manufacturers of construction products which are covered by harmonised European product standards (hENs), will be required, when placing a product on the market, to: 

• make a Declaration of Performance (DoP) for the product, and
• affix the CE mark.

Harmonised European Standards (hENs)
Currently, there are over 500 hENs covering a broad range of construction products.  hENs are progressively becoming the norm as conflicting national standards (e.g. Irish and British Standards commonly used here) are being withdrawn.

All hENs have an informative Annex ZA, and in general, this annex contains 3 parts:

• ZA.1 - a list of product characteristics as well as the clauses in the standard in which the assessment or test method is set out or referred to.  The list represents a compilation of all regulated requirements for the product in question across the EU.
• ZA.2 - the procedures for conformity assessment, namely the tasks to be carried out by the manufacturer and the notified body.  This is currently referred to as the agreed system of attestation of conformity, but will be known as the system of assessment and Verification of Constancy of Performance under the CPR.
• ZA.3 - the process for CE Marking and labelling.

Assessment and Verification of Constancy of Performance (AVCP)
The system of Assessment and Verification of Constancy of Performance (AVCP)    is the term applied to define the degree of involvement of third parties in assessing the conformity of the product according to the relevant technical specification(s). For each product family, the system of AVCP is decided  collectively by the Member States and the European Commission. They do so on the basis of the implications of the product on health and safety and on the particular nature and production process for the product itself. To achieve this the CPR uses five main elements:

• Factory Production Control (FPC) on the basis of documented, permanent and internal control of production in a factory, in accordance with the relevant harmonised technical specifications
• Initial inspection of the manufacturing plant and of the FPC
• Continuous surveillance, assessment and evaluation of the FPC
• Determination of product type on the basis of type testing, type calculation, tabulated values or descriptive documentation of the product
• Audit testing of samples taken before placing the product on the market.

The five systems of AVCP and the level of involvement of notified bodies in each is as follows:

• System 1+ product certification comprising the issuing of a certificate of constancy of  performance with determination of the product-type, continuous surveillance and audit testing by a notified product certification body
• System 1 – product certification comprising the issuing of a certificate of constancy of performance with determination of the product-type and continuous surveillance by a notified product certification body
• System 2+ - factory production control certification with continuous surveillance by a notified factory production control certification body
• System 3 – determination of product type by a notified testing laboratory
• System 4 - manufacturer’s tasks only.

For all systems the manufacturer is required to have a fully documented FPC system. The criteria for this should be included in the harmonised technical specification. Once all the appropriate conformity assessment tasks have been carried out for  the product, the manufacturer is required to complete a Declaration of Performance (DoP) which is kept with    the technical file concerning the product. This may be supported by a certificate of constancy of performance, certificate of conformity of the FPC, test laboratory reports or certificates, and/or a manufacturer’s own test results, depending on the system of AVCP required.

Declaration of Performance (DoP)
The DoP provides information about the essential characteristics of the product and by making a DoP the manufacturer, importer or distributor is assuming legal responsibility for the conformity of the construction product with its declared performance. The information to be contained in a DoP is detailed in Annex ZA of a hEN or in a section of the EAD, and this ‘checklist’ can also be used for affixing the CE Mark. DoPs must be supplied either in paper form or by electronic means which includes, by Special Derogation in article 7.3 of the CPR, permission to make them available on a website. This derogation will only apply from a date yet to be determined in 2014.

All the information supplied with the DoP should be obtained by strictly applying the methods and criteria provided by the relevant hEN. The application of the CE mark follows the DoP and effectively certifies that the manufacturer has strictly followed all the applicable procedures in drawing up the DoP and that, consequently, the DoP is accurate and reliable.

Notified Bodies
Notified bodies are the product certification bodies, FPC  certification bodies and testing laboratories which are considered to  be competent  to carry out the conformity assessment tasks. Such bodies are first approved by their respective Member States to carry out certain designated tasks, and then notified to the European Commission and other Member States. Hence, they are variously called ’approved bodies‘, ’designated  bodies‘ or ’notified bodies‘.

With respect to the function of notified bodies involved in the AVCP for construction products, distinction must be made between:

• testing laboratory: a notified laboratory which measures, examines, tests, calibratesor otherwise determines the characteristics or performance of materials or construction products
• factory production control certification body: a notified body possessing the necessary competence and responsibility to carry out FPC certification in accordancewith given rules of procedure and management
• product certification body:    a notified body possessing the necessary competency and responsibility in    accordance with given rules of procedure and management.

Notified bodies are required to demonstrate competence covering all the third-party tasks in the AVCP process within the relevant scope for which they have been notified.

CE Marking
CE marking enables a product to be placed legally on the market in any Member State. However, this does not necessarily mean that the product will be suitable for all end uses in all Member States.

CE marking indicates that a product is consistent with its DoP as made by the manufacturer. The declaration varies according to the particular harmonised technical specification covering the product. In general there are three ways in which information can be presented for each relevant characteristic:

• confirmation of achievement of a minimum performance or threshold. This could be by satisfying a Pass/Fail criterion or simply by being eligible to be in the standard.
• the actual performance (a declared value)
• a particular class of performance reached.