the new building standards system completion certificates

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The New Building Standards The New Building Standards System System Completion certificates

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The New Building Standards The New Building Standards SystemSystem

Completion certificates

Completion certificatesCompletion certificates

Same intention as currently, but presented differently

• now made explicit by having applicant submit the completion certificate

• verifier must accept if satisfied

Completion certificate for Completion certificate for what?what?

• After construction; demolition; provision of services, fittings or equipment; conversion

• After work required by a notice

Submitting completion Submitting completion certificatecertificate

Must be submitted by the ‘relevant person’, who is -

• the person doing work for themselves

• the person for whom a contractor is doing the work

• and where the above fail to submit, the owner

Accepting completion Accepting completion certificate 1certificate 1

Verifier must accept if, after reasonable enquiry, satisfied that –

The work was carried out in accordance with the building warrant and -

• for construction and conversion, the building as constructed/converted complies with the building regulations

Accepting completion Accepting completion certificate 2certificate 2

• for the provision of services, fittings or equipment, the services, fittings or equipment provided comply with the building regulations

The requirement for demolition is that the work was in accordance with the building warrant

Rejection of completion Rejection of completion certificatecertificate

• Apart from normal reasons of non-compliance, must have sufficient information – e.g. a SAP rating for dwellings now required at this stage

• When rejecting, must notify the owner if the submission is by someone else

Certification of constructionCertification of construction

• A completion certificate submission may be accompanied by a certificate from an approved certifier of construction

• Certification is that specified construction complies with the building regulations

Offences – completion 1Offences – completion 1

• Certifier issuing, knowingly or recklessly, certificate which is false or misleading (in a material particular *)

• Submission of a completion certificate, knowingly or recklessly, which is false or misleading*

• Acceptance by a verifier of a completion certificate containing a statement known to be false*

Offences – completion 2Offences – completion 2

• Occupation or use of a building knowing no completion certificate has been accepted, or without regard to whether a completion certificate has been accepted

• (Note – does not apply to alterations)

Temporary occupation or useTemporary occupation or use

• Before a completion certificate has been accepted, a verifier may grant a relevant person permission for temporary occupation or use

• A time limit must be set (may be extended on further application)

Continuing requirements – Continuing requirements – limited in completion limited in completion certificatescertificates• A continuing requirement may A continuing requirement may

only be applied to an acceptance only be applied to an acceptance of a completion certificate when a of a completion certificate when a warrant was not obtained when it warrant was not obtained when it should have beenshould have been

• (Note continuing requirements, (Note continuing requirements, and consultation, covered and consultation, covered elsewhere)elsewhere)

Completion certificates – Completion certificates – multiple buildings on warrantmultiple buildings on warrant

• The relevant person must submit a separate completion certificate for each dwelling covered by a warrant

• For non-dwellings, either a separate completion certificate may be issued for each building covered by warrant or a single completion certificate covering all the buildings

Multiple buildings - Multiple buildings - limitationslimitations• For buildings containing multiple

dwellings, the first completion certificate may only be accepted when all the communal areas are complete

• For sites with multiple dwellings, the last completion certificate may only be accepted when all communal matters covered by warrant are complete

Deemed decisions and Deemed decisions and appealsappeals

An appeal to the sheriff is allowed when

• a verifier rejects a completion certificate

• a verifier imposes a continuing requirement (only applies when no warrant obtained)

Period for deemed decision is 14 days