Key Takeaways
| Main Point | Details |
|---|---|
| Definition | A legal notification to Building Control Authorities indicating the start of construction or material change of use. |
| When It’s Required | Necessary for most new constructions, extensions, material alterations, and changes in building use. |
| Types of Notices | Includes compliance notices, opt-out declarations, and seven-day notices for urgent projects. |
| Submission Process | Submitted electronically through the Building Control Management System (BCMS) platform. |
| Role in Compliance | Ensures that all work follows Ireland’s Building Control and Building Regulations. |
What is a Commencement Notice?
A Commencement Notice is a formal notification to a local Building Control Authority that a building project is about to begin. This is submitted by the building owner, builder, designer, and assigned certifier and applies to both standard and modular construction projects.
This ensures that all work is carried out in compliance with Building Control Act, 1990.
These regulations are designed to safeguard health, safety, welfare, and energy conservation in buildings.
- The notice must be submitted at least 14 days before construction starts and no more than 28 days in advance.
- Failure to submit this notice is a legal offence that can prevent the project from receiving a Certificate of Compliance on Completion, impacting future sales or leases.
Buying a House in Ireland: A Step by Step Guide by a Builder/Solicitor
When is a Commencement Notice Required?
A commencement notice is required for:
- The erection of a new building
- Extensions over 40 square metres
- Material alterations to a building
- A material change of use where building regulations apply (e.g., changing a house into a commercial space)
However, some exceptions exist. A notice may not be necessary for works that do not require planning permission, a Fire Safety Certificate (FSC), or significant alterations in non-residential buildings.
Types of Commencement Notices.
According to Dublin City Council, the following variations of commencement notices may apply:
1. Commencement Notice with Compliance Documentation
This applies to most projects requiring full compliance with building regulations. Documentation includes:
- Detailed project plans and specifications
- Inspection plans
- Certificates from assigned certifiers and builders
A valid Fire Safety Certificate must be obtained before submitting this notice.
2. Commencement Notice without Compliance Documentation
- Used for minor projects, such as material alterations to offices or industrial buildings where a Fire Safety Certificate is not needed.
- Suitable for house extensions under 40 square metres, provided that planning permission requirements are met.
3. Commencement Notice with Opt-Out Declaration
Applicable to:
- The construction of a single domestic dwelling on a development site.
- Extensions larger than 40 square metres, where the owner chooses to opt out of statutory certification requirements.
The owner takes responsibility for ensuring compliance with building regulations.
4. Seven-Day Notice
This notice allows construction to commence before a Fire Safety Certificate is granted. It must be accompanied by:
- A valid FSC application
- A statutory declaration confirming the urgency of the project
The fee for a seven-day notice is €250 or €5.80 per square metre, whichever is greater.
How to Submit a Commencement Notice.
As recommended by The Building Control (Amendment) Regulations SI 9 of 2014, all commencement notices are submitted electronically via the Building Control Management System (BCMS).
Steps to Submit
- Register on BCMS – The owner, builder, designer, and assigned certifier must create accounts on the BCMS website.
2. Prepare Documentation – This includes:
- Plans and specifications demonstrating compliance with building regulations
- Inspection and compliance certificates
- Project details, including site location and responsible parties
3. Submit the Notice – Upload documents, complete the form, and submit at least 14 days before starting work.
4. Receive Acknowledgment – Once validated, the Building Control Authority issues an acknowledgment, allowing work to proceed.
Role of Assigned Certifiers
An assigned certifier is a registered professional, such as an architect or chartered engineer, who ensures compliance with building regulations. Their responsibilities include:
- Inspecting key stages of the construction process
- Submitting a Certificate of Compliance on Completion
- Preventing deviations from approved plans and specifications
The certifier’s involvement is critical, particularly for large or modular projects, to avoid regulatory breaches.
Inspections and Compliance During Construction
Throughout the project, the Building Control Authority may conduct site inspections to verify compliance with:
- Structural safety
- Fire safety
- Disability access
- Energy conservation standards
Failure to adhere to building regulations can result in work stoppages, enforcement action, or legal penalties.
Fees and Penalties
As of 2025, the fee for submitting a commencement notice is €30 per building. If work does not commence within 28 days of notice submission, a new notice must be filed.
Penalties for Non-Compliance:
- Legal Offences – Failure to submit a notice may result in fines and prevent the issuance of completion certificates.
- Marketability Issues – Unregistered buildings may face difficulties in leasing, selling, or obtaining financing.
Commencement Notices in Modular Construction
Modular construction, while faster than traditional methods, is still subject to Ireland’s building control regulations. Projects involving prefabricated structures must:
- Provide documentation demonstrating compliance with fire safety, energy, and structural standards.
Assigned certifiers play a vital role in ensuring that modular components meet these requirements.
What Happens if You Fail to Submit a Commencement Notice?
Failure to submit a commencement notice is a serious offence. Consequences include:
- Inability to obtain a Certificate of Compliance on Completion
- Legal enforcement by Building Control Authorities
- Reduced property marketability, making it difficult to sell or lease the building
Final Thoughts
A commencement notice is a crucial part of the construction process, ensuring compliance with Ireland’s building control and building regulations. Whether you are undertaking a standard or modular construction project, adhering to these requirements helps prevent costly delays and legal issues.
For more information, visit the Department of Housing or consult your local Building Control Authority.
For more information on Planning Permissions, read HERE
