Pursuant to the 1990 Building Control Act and the 1997 Building Control Regulations, commencement notices must be lodged, subject to certain exemptions, to the building control authority (Clare County Council) by any person who intends to carry out any works or a change of use on their property.
Notices should be submitted not less than 14 days and no more than 28 days before the commencement of such works. It is probably preferable to define works as the first physical act of construction
Subject to exemptions, commencement notices are required for:
- The erection of a building
- The material alteration or extension of a building
- The material change of use of a building
- Works in connection with the material alteration (excluding minor works) of a shop, office or industrial building
The primary responsibility for compliance rests with designers, builders and building owners. Building control authorities have power to inspect design documents and buildings, as well as powers of enforcement and prosecution where breaches of the regulations occur. There are heavy penalties, including fines and imprisonment, for breaches of the regulations. In addition, when it comes to selling your property, you may have difficulties if you cannot satisfy the purchaser's solicitor that the requirements of the regulations have been met.
Commencement Notices can be submitted online below:
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