A Client's Legal Obligations - Residential
Fire Certificates
Residential projects do not need a fire certificate but they are required to comply with all of the relevant fire safety and building control regulations.
Planning Approval
This is required for all new dwellings, amendments to the front or side of a property and on extensions that meet one or more of the following criteria
- Are located to the front or side of a property
- Butt up against a party wall
- Have a window less than 1m from a boundary
- Are more than 40sqm
Health and Safety
The construction of residential property does not require a Health and Safety Plan but a residence intended for letting will.
A Client's Legal Obligations - Commercial
Fire Certificates
Not all projects need a fire certificate but the following will
- All new commercial buildings, except Prisons and Police Stations
- Extensions to commercial buildings larger than 25sqm, including mezzanine levels.
- Specified Material Alterations to an existing building unless the total floor area is not being increased and no further subdivision is required.
- The change of use of a building, i.e. a shop to an office
Even if your project does not require you to apply for a fire certificate you are expected to comply with all of the relevant fire safety and building control regulations.
Health and Safety
A client engaged in construction work is liable for the Health and Safety of people working on his/her site but they can execute their responsibility by appointing competent people to draw up and implement a Health and Safety File.
A Health and Safety Plan is required for any commercial project lasting longer than 30 days or 500 man-hours or any work involving particular risks.
There are two people involved in developing and implement a health and safety plan on a construction project. Firstly there is the Project Supervisor for Design Stage who prepares a Preliminary Health and Safety Plan at Design Stage and a Project Supervisor for Construction Stage (normally the contractor) who prepares and implements a Site Stage Health and Safety Plan.
A Health and Safety Plan is essentially an assessment of know hazards on a particular site, the likelihood of those hazards causing injury and methods to prevent such incidents. It is provided to the contractor at tender stage to allow him to cost for any preventative procedures required to reduce the level of risk.
Planning Approval
This is required on the following projects
- New buildings
- Change of Use as defined by the Planning Act 2001
- Extensions to the front or side of a property
- Extensions more than 40sqm
- Extensions with windows within 1m of a boundary wall
- Amendments to the front or side of an existing building
- Material alterations to shopfronts
- Some forms of Signage