Publish notice of construction in approved newspaper
Agency: Newspaper
According to Article 17(1)(a) of the Planning and Development Regulations 2001 – 2011, the intention to apply for planning permission must be published in an authorized newspaper for 14 days, including the site notice, information on the owner, as well as a description of what the intended development will be used for. Once the site notice is published, the applicant can apply for planning permission the next day. A copy of this newspaper publication must be submitted with all the documents when requesting the planning permission. The applicant must apply within 14 days for planning permission from the moment the notice is published; otherwise they must re-publish the intention to apply. The cost depends on the size of the advertisement.
Time and cost: 1 day, EUR 150
Obtain an ordinance survey map
Agency: Ordinance Survey Ireland
One of the required documents for applying for planning permission is the ordinance survey map showing the location of the plot. The ordnance survey map is obtained online at https://www.osi.ie/.
Time and cost: 0.5 days, EUR 77
Hold a pre-planning meeting with the Planning Department
Agency: Planning Department, Dun Laoghaire Rathdown County Council
Pre-planning consultations are mandatory for non-residential developments of more than 1,000 square meters (which includes the case study warehouse) under section 43 of the Planning and Development (Amendment) Act 2018. The meeting should be held within 4 weeks of the date of the receipt by the county council but that time limit may be extended depending on the council’s resources and workload. The applicant would submit:
- Site location map;
- Description of proposed development;
- Details on car parking, if applicable; and
- Full set of drawings if the applicant already has them.
Time and cost: 21 days, no charge
Request and obtain planning permission
Agency: Planning Department – Dun Laoghaire Rathdown County Council
It may be necessary to submit an environmental impact study to accompany the planning application where the local planning authority considers that the development is likely to have a significant effect on the environment, based on the characteristics of the development, its location or the characteristics of the environmental impacts from the development. However, for the case study warehouse, it would not require an environmental impact study or assessment.
If the local planning authority considers that the development is likely to have a significant effect on a site protected under the Habitats or Birds Directives (or sites proposed for protection under the Habitats or Birds Directives), it may also be necessary to submit an ‘appropriate assessment’ of the predicted impacts of the proposed development on the relevant protected site(s). However, this would likely not apply to the case study warehouse.
The time specified by law (55 days) represents the minimum statutory time period within which the planning authority may, at first instance, make a decision on the planning application: reject the application, approve the application or request further information from the applicant. Within these 8 weeks, the public has 5 weeks to submit any comments they may have on the development. If the planning authority seeks further information, the applicant would have an additional 6 months to respond. The planning authority then has 4 weeks to make a decision following receipt of further information. Once the planning decision is made, the applicant has 4 weeks to appeal. However, in practice it takes around 90 days, on the basis that a request for further information is made by the planning authority. An appeal against the decision made by the local planning authority may be made to the planning appeals board (an board pleanála) within 4 weeks of the date of the decision of the local planning authority. The appeal process, which may include an oral hearing, may delay the commencement of construction between 4-8 months or even more.
According to Development Contribution Scheme 2016 – 2020 (as amended) (under Section 48, Planning & Development Act, 2000 as amended), BuildCo is required to pay a general contribution fee in respect of public infrastructure and facilities benefiting development in the area of the local planning authority.
Time and cost: 90 days, EUR 102,357
Request and obtain fire safety and disability access certificates
Agency: Planning Department, Dun Laoghaire Rathdown County Council
The fire safety certificate and the disability access certificate can be requested together at the local City Council according to the Building Control Regulation 1997, revised December 2018. Both applications are then forwarded to the relevant departments.
Fire safety certificate: It is required before a building may be lawfully occupied. In order to ensure that the design and construction is in accordance with the relevant statutory fire safety requirements, an application for the fire safety certificate should be made prior to construction or, at a minimum, 90 days prior to completion, to prevent any delay in the occupation of the building. The application must be accompanied by a fire safety report, drawings and specifications and the relevant fee. A revised fire safety certificate may be required where planning permission is granted for a revised design or where a significant revision is made to the design for which a fire safety certificate has been granted.
It is important that the full application fee accompany the application for a fire safety certificate, as the application may otherwise be deemed invalid and returned by the local authority. Once the application is received, the Fire Safety Unit will review the application for completion and check that the fees have been paid. The application will then be stamped and validated, and an acknowledgment of receipt will be sent to the applicant. The fire safety report and drawings will then be reviewed to ensure they comply with Part B (fire safety) requirements in the legislation.
Builders have the option to commence development without waiting until a fire safety certificate is issued, according to the 7 – day notice I. 351 of 2009 Building Control (Amendment) Regulations 2009.
Once a firm submits a valid application for a fire safety certificate, it may submit a 7 – day notice to the Fire Safety Unit and sign a statutory declaration that Part B (fire safety) requirements will be complied with. Once this is carried out and upon expiration of the 7 – day period, the developer can commence development without waiting for the fire safety certificate to be issued.
However, the 7- day notice can only be submitted where a valid application for a fire safety certificate is made. A fire safety certificate will still have to be issued for the development.
Disability access certificate: Since January 2010, all buildings have to obtain a disability access certificate. An architect or other professional prepares the access certificate application to confirm that the design of the building meets the recommendations of Part M of the Building Control Regulations. The application must be accompanied by a site or layout plan; and the following information such as identifying and describing the works or building to which the application relates, in addition the nature and extent of the proposed use; and the relevant fee. If both applications for the disability access and fire safety certificates are submitted together, then a fee of EUR 500 is paid for the disability access certificate instead of EUR 800.
The local planning authority reviews the application and proceeds to issue the certificate if it is in order. To avoid potentially expensive remedial work, it would be considered good practice to apply for the certificate at the same time as the fire safety certificate, thereby ensuring that the certificate and any conditions pertaining to it are known prior to the commencement of works. A building may not be operated or occupied unless such a certificate has been granted.
The fire safety certificate takes 3 months to obtain, and the disability certificate takes around 2 months.
Time and cost: 90 days, EUR 4,272
Submit a commencement notice
Agency: Planning Department – Dun Laoghaire Rathdown County Council
According to the Building Control (Amendment) Regulations 2014, a commencement notice or seven-day notice must be submitted must be submitted through the online system of Building Control Management System (BCMS). This must be submitted seven days prior to construction on-site. In addition, the fire safety certificate must be granted before submitting the commencement notice.
Any commencement notice, which come within the scope of S.I. 9 of 2014 must fill out an online assessment of the proposed approach to compliance with the building regulations. It must be signed and submitted in person, and be accompanied by the following documents:
- Undertaking by assigned certifier;
- Notice of assignment of builder;
- Undertaking by builder;
- General arrangement drawings for building control purposes – plans, sections and elevations;
- A schedule of design documents as are currently prepared or to be prepared;
- An online assessment via the Building Control Management System of the proposed approach to compliance with the requirements of the Building Regulations 1997 to 2014;
- Certificate of compliance (design) signed by the builder and the assigned certifier undertaking to carry-out their roles in accordance with the requirements of the building regulations;
- Notice of assignment in respect of the builder who will carry out the works and of the assigned certifier who will inspect and certify the works;
- Final planning permission;
- A fire safety certificate; and
- A disability access certificate/application form.
In addition:
- The designer and the assigned certifier must be a chartered engineer, or registered architect or registered surveyor;
- A competent builder must execute the work;
- The drawings must show details of how the building will comply with the building regulations: drawings submitted for planning permission purposes are not typically building control compliance drawings;
- Other documents which may be submitted to demonstrate compliance with building regulations include a specification document for the works, DEAP calculations, Part L compliance document; and
- Where notices and documentation are submitted in written format, the building control authority will arrange for their scanning and uploading for which an administrative charge will apply and statutory deadlines relating to such notices may be delayed by up to seven days.
It must be accompanied by a fee of EUR 30 per building, up to a maximum of EUR 3,800.
Time and cost: 0.5 days, EUR 30
Request water and sewage connection
Agency: Irish Water
As of January 2014, Irish Water (a new national water utility) has assumed responsibility for the provision of water services, in partnership with each local authority. BuildCo applies to Irish Water (IW) by downloading the online connection application form and submitting it by email or post, along with maps, building plans, the applicant’s details, information on water loading and demand and a water conservation plan.
Time and cost: 1 day, EUR 490
Receive inspection for feasibility of the connections and obtain connection offer
Agency: Irish Water
Irish Water (IW) will assess the application to confirm that the application is still feasible. The information is then forwarded by IW to the local planning authority for review and they have 7 days to send their comments to IW. Once the local authority indicates that are no issues with the application, IW reviews the application and may request additional information from BuildCo. In addition IW will engage with the developer to vet the design of the local infrastructure if necessary. For example, IW would check the size of the pipe that BuildCo is connecting to. Once everything has been reviewed, IW will issue an offer to connect, detailing costs and the works required to enable the connection at which stage the connection fees must be paid.
Time and cost: 7 days, no charge
Obtain water and sewage connection
Agency: Irish Water
Once the connection fees are paid, BuildCo can proceed with laying the cables and pipes on the private land. A contractor from Irish Water will then complete the connection works on the public land, including any excavation under public roads, and will install the water meter.
Time and cost: 21 days, no charge
Submit the Certificate of Compliance on Completion and obtain approval
Agency: Planning Department, Dun Laoghaire Rathdown County Council
A certificate of compliance and completion needs to be submitted to local City Council upon completion, which can be done through the Building Control Management System (BCMS) since 2018. This must include a statutory form, plans, calculations, specifications and particulars that are necessary to outline how the completed building: differs from the plans, calculations, specifications and particulars submitted for the planning permission; and complies with building regulations.
The Planning Department’s role at the completion stage is primarily an administrative function to validate the paperwork uploaded to the BCMS by the assigned certifier. The validation/review process ensures that the certificate was properly completed and signed by the appropriate person, and that the final inspection plan is completed and matches the original plan uploaded on the BCMS’s system at the commencement stage by the assigned certifier (internal to the company). The Planning Department checks that there are no unresolved matters in relation to requests under Section 11 of the Building Control Act or Enforcement Notices or conditions attached to the fire safety certificate and the disability access certificate. There is no inspection undertaken by the Planning Department as part of the validation/review of the certificate of compliance upon completion.
Upon receipt, the building control authority will have 21 days to determine the validity of the certificate of compliance. When the certificate of compliance has been accepted, the authority will register the certificate in the registry and notify the applicant of its acceptance.
The Planning Department would not require the owner to register the warehouse in the Land Registry upon completion.
Time and cost: 21 days, no charge
