With the exception of houses and certain agricultural buildings, a fire safety certificate is required for all new buildings, specified material alterations, specified extensions and the material change of use of a building.
The Building Control Regulations 1997 – 2014 has the effect of creating three separate certificates when dealing with fire safety.
(a) Fire Safety Certificate
This is required where the applicant proposes a new building, a new building extension, or certain modifications to an existing building.
(b) Revised Fire Safety Certificate
This is required to update the content of a previously granted fire cert, due to proposed or required changes to the building design.
(c) Regularisation Certificate
This is required where building works requiring a fire cert were commenced or completed post 1st June 1992 without an associated fire cert application.
Any application for a regularisation certificate must be accompanied with a Statutory Declaration. This declaration states that the works comply with part B of the Building Regulations. It also requires the applicant to agree to an inspection by the Building Control Authority and to carry out any additional works required by the Authority.
Please Note: Fuller detail of classes of development requiring a Fire Safety Certificate are outlined in the Building Control Regulations 1997, Section 11, click here.
The submission of a Fire Safety Certificate application can be accompanied by a seven day notice. This is used where a person intends to commence building works before granting of the relevant Fire Safety Certificate (FSC).
The notice must be submitted not less than seven days in advance of commencement of work and must be in accordance with the requirements of Article 20A (2) of the Regulations. A Commencement Notice will not be required in respect of buildings where a seven day notice has been submitted to the building control authority.
A seven day notice shall be filed electronically on the Building Control Management System (BCSM) website, click here, and needs to be accompanied by all statutory documentation required under Article 20A (2) of the Building Control Regulations.
To complete the submission process the following hard-copy documentation should be submitted to the fire section:
- Completed seven day notice form accompanied by signed original Statutory Declaration (Note: These forms are created in BCMS and must be printed off and signed).
- Fire Safety Certificate Application
- Appropriate seven day notice fee
At present, it is not possible to finalise your seven day notice submission online as the above documentation must be submitted to the local authority in hard-copy to complete the process.
All documentation, both online and in hard-copy, must be submitted before an application can be considered complete.
Please contact the Fire Section in advance of any seven day notice submissions to facilitate the validation process.
The schedule of fees is listed in the Fifth Schedule of the Building Control Regulations 2009 below:
Development works by certain organisations are exempt from paying Fire Cert application fees (e.g. certain classes of voluntary organisations; not for profit accommodation of homeless persons).
Full details are listed in Section 22 of the Building Regulations 1997 - 2009
Where a Fee Exemption is being claimed, a completed Fee Exemption Form must be submitted with the associated application.
Partial Refund of Fee for Subsequent Applications
In situations of subsequent applications, e.g. where a granted fire cert application is followed within 12 calendar months of the original application, by a revised fire cert application for the same development (i.e. a subsequent application), then there is provision to refund three quarters of the fee for that subsequent application. For any such subsequent application, the applicant pays the full application fee , but three quarters of the fee is later refunded to the applicant.
The subsequent application must be for works which are substantially of the same design and construction and on the same site or part of the site as the works covered by the first application. Full details of qualifying applications are outlined in Section 26 of the Building Control Regulations 1997, as amended by Section 15 of the Building Control (Amendment) Regulations 2009.
Any applicant who considers their application does qualify for a refund of fee, is advised to notify same to us when submitting their application form.
- Building Control Acts 1990 and 2007
- Building Control Regulations 1997
- Building Control (Amendment) Regulations 2009