Disability Access Certificate

On October 1st 2009 the Department of the Environment made changes to the Building Regulations – ‘Building Control (Amendment) Regulations 2009’. These regulation changes brought about the implementation of the Disability Access Certificate (DAC), mandatory for all public premises from Jan 1st, 2010.

WHAT IS A DAC ?
A Disability Access Certificate is a certificate of compliance issued by the Building Control Authority with respect to requirements under Part M of the Building Regulations.
A Disability Access Certificate should be applied for at the same time as a Fire Safety Certificate and submitted to the Planning Authority with the Commencement Notice. A building cannot be used or occupied without a DAC.

HOW DO I KNOW IF I NEED A DAC ?
If your building is used by members of the general public, then you will need to apply for a DAC. You should apply along with your Fire Safety Certificate Application at design stage.
By 2015 all Public Bodies will be required to have their buildings compliant, which is likely to mean re-fitting to many older buildings (excluding historic / heritage buildings).
A Disability Access Certificate is required for new buildings other than dwellings (including apartment buildings) and certain other works to which the Requirements of Part M of the Building Regulations apply, which commence or take place on or after 1 January 2010.

What does a  Disability Access Certificate application comprise of ?
Drawings and a report to:
(a) identify and describe the works or building to which the application relates, and
(b) demonstrate how the Building or proposed works comply with the Requirements of Part M of the Building Regulations, in particular in relation to the following, where applicable;

•   Approach to a Building
•   Access to a Building
•   Circulation within a Building
•   Use of facilities within a Building
•   Bedrooms in hotels and other guest accommodations
•   Sanitary conveniences
•   Audience or spectator facilities
•   Apartments in a building

HOW MUCH WILL IT COST?

Flat rate of €800 per application, made payable to the Local Authority. Surveyors fees for the preparation of the DAC will vary depending on the complexity of the building.

Multi-Unit Developments Act, 2011

The Multi-Unit Developments Act (the Act) was signed into law by President McAleese on 24 January 2011. Sections 14 and 32 of the Act have immediate effect. Section 14 deals with the structure of owners’ management companies, and Section 32 restricts such companies from entering into certain types of contract. The remaining sections of the Act will require Commencement Orders, which are expected later in 2011.

The Act addresses some of the practical issues that have historically been the source of much dispute between developers and home owners, such as transferring common areas, completion of developments, duties of management companies and service charges. The Act will apply, not only to new developments completed after the commencement of the Act, but also to existing multi-unit developments.

A “multi-unit development” is defined in the Act as being a building or part of a building which contains at least 5 residential units with shared amenities, facilities and services. A multi-unit development may also include a child care facility. The Act also applies to “mixed-use multi-unit developments” which in addition to the minimum 5 residential units can include a commercial unit. Certain of the provisions in the Act also apply to small developments which comprise between 2 and 5 residential units.

The principal features of the Act are as follows:-

• it provides for the establishment of an owners’ management company which is to be set up at the expense of the developer;
• the developer must transfer legal ownership of the relevant parts of the common areas to the owners’ management company prior to the disposal of any units within the development or if units have already been transferred, within 6 months of the commencement of the Act;
• the transfer of the beneficial ownership is to take place as soon as practicable after the completion of the development;
• the developer is required to indemnify the owners’ management company against any claims made in respect of acts or omissions by the developer in the course of completing the development;
• service charges must be approved by the members at a general meeting;
• a sinking fund is required in all cases to be set up with a payment of €200 per annum or such other amount as may be agreed by the members;
• resolution of disputes is specifically dealt with in the Act;
• the time period for management companies to be restored to the register if struck off has been extended to 6 years;
• service contracts are limited to 3 years.

This Act will be welcomed by those buying and living in residential complexes as it imposes greater legal obligations on developers and provides a framework for the management schemes. It will also assist where either a home owner or indeed a bank is seeking to sell a property in a scheme where the management company is defunct.

Land Conveyancing Law Reform Act, 2009

The Land and Conveyancing Law Reform Act 2009 (“the Act”) became operative on the 1st December 2009 save for Section 132 (rent reviews) which comes into effect on the 28th February 2010.

The Act simplifies property law and conveyancing procedures.

• Appurtenant Rights
  • Party Structures
    • Section 44 gives a new statutory right to a landowner to carry out works to a party structure subject to certain conditions.
    • Section 45 enables a building owner who is in dispute over works to a party structure to apply for a District Court order authorising the works.
• Ownership of Land
• Future Interests
• Trusts of Land
• Co-Ownership
• Contracts and Conveyances
• Mortages
• Review of Rent
  • Section 132 of the Act provides for the abolition of upwards only rent views in commercial leases.
  • It will come into operation on the February 28th, 2010.

The Minister for the Environment, Heritage and Local Government, Mr John Gormley TD, signed into law the provisions of Sections 5 & 6 of the Building Control Act 2007. This is dealt with in the Building Control (Amendment) Regulations 2009 (SI No. 351 of 2009). The Building Control Regulation of 2009 amended the Building Control Regulations 1997 and prescribed the administrative procedures in respect of the new certification measures provided under Section 5 of the Building Control Act 2007. These measures provide for Regularisation certificate – where a building has been commenced or completed without a Fire Safety Certificate where such Certificate is required.

Revised Fire Safety Certificate in respect of works where an application for Fire Safety Certificate is made before grant of Planning Permission or a significant revision is made to the design of works of a building for which a Fire Safety Certificate has already been granted.

A seven day notice procedure – sets out in the regulations for the submission of a seven day notice to the Building Control Authority where a person attempts to commence work on the construction of a building before grant of the relevant Fire Safety Certificate. Disability Access Certificate – this sets out the requirements for a Disability Access Certificate which will certify compliance at the design stage of certain works with requirements of Part M of the Second Schedule of the Building Regulations 1997-2008 and the application is considered by the Building Control Authority and decision notified in accordance with the Regulations.

Revised Disability Access Certificate – this provides for a revised Disability Access Certificate in respect of works where significant revision is made to the design or works of a building for which a Disability Access Certificate has already been granted.

The Regulations will come into effect on the 1st October 2009 except for the provisions of Article 8 – Disability Access Certificate/Revised Disability Access Certificates which will come into effect on the 1st January 2010.

The Society of Chartered Surveyors (SCS) have announced following a recent study that tender prices have decreased by 17.3% over the last 12 months to levels not seen since 1999. The dramatic fall has been caused by the drop off in demand for construction projects in all sectors including residential, commercial, public sector along with civil engineering schemes. The study states there was significant drop off in the last six months of 2008 and that this has continued into the first six months of 2009.

The new Rented Housing (Standards for Rented Houses) Regulations 2008 have replaced the earlier 1993 Regulations. They place a more onerous obligation on landlords to provide tenants with a property that is properly heated, maintained, structurally sound and water proof. There are provisions within the Regulation in respect of existing tenancies.

Other aspects will be introduced on a phased basis in order to allow landlords time to make remedial improvements. This could necessitate significant refurbishment works and consequently significant capital investment. These aspects will not come into force until February 1st 2013 and include such items dealing with sanitary appliances, sanitary facilities, heating facilities, food preparations, storage and laundry.

Landlords should however note that all provisions of the new Regulations will be applicable immediately for any rented or property being let for the first time after the 1st February 2009. The Regulations have a number of key features including the following:

• Structural condition
• Sanitary fittings
• Heating facilities
• Food preparation and storage
• Ventilation
• Lighting

There are also provisions in relation to fire safety requiring fire blankets, fire alarms. The Regulations also set out the requirements in relation to multi unit buildings that these have mains wired smoke alarm, fire blanket and emergency evacuation plan.

As with the 1993 Regulations protected structures were not exempt from these Regulations and must continue to meet the requirements of the new Regulations. Owner occupiers of protected structures should take specialist advise from the Planning Authority in respect of whether such works require Planning Permission for any specific building. Owners will be advised to contact the Conservation Officer of the Local Authority for any advice when considering such works.