National Building Control and Market Surveillance Office:
“Promoting a Culture of Compliance with the Building and Construction Products Regulations in an industry marked by rapid changes in technology and processes.”
Commenced in 2014 with the implementation of S.I. 9 of 2014 (Building Control Amendment Regulations); 2019 saw Dublin City Council(DCC) become the lead local authority for the National Building Control Office. Managed as a separate Business Unit in DCC the office provides oversight, support and direction for the development, standardisation and implementation of Building Control (Building Control Acts 1990-2014) as an effective shared service in the 31 Building Control Authorities. 2020 saw Dublin City Council become the lead local authority for the National Market Surveillance Office, which provides oversight, support and direction for the development, standardisation and implementation of Market Surveillance of Construction Products (Construction Products Regulations EU 305/2011 (S.I. No. 225 of 2013 and S.I. 682 of 2020)) as an effective shared service in the 31 Building Control Authorities who are also designated Market Surveillance Authorities under the regulations. Building Control Authorities also have responsibilities under the Building Control Acts 1990-2014 for the EU Energy Performance in Buildings Regulations S.I. 243 of 2012.
The National Building Control Advisory Committee oversees the project on behalf of the sector; Chaired by DCC on behalf of the CCMA, membership is from the, DHLGH, Construction Industry Council (CIC), NDFEM, Building Control Authorities, Chief Fire Officers (CFO).
While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Chapter III of Regulation (EU) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/9.
The Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020 (S.I. 682 of 2020) appoints Dublin City Council-National Building Control Office as a competent authority for the carrying out of market surveillance functions under the European Union (Construction Products) Regulations 2013 (S.I. No.225 of 2013) for all construction products in the State.
Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit have authorised officers who monitor compliance with the statutory requirements set out under the European Union (Construction Products) Regulations 2013 and Regulation (EU) No. 305/2011 on a nationwide basis.
The European Union (Construction Products) Regulations 2013 (S.I. 225 of 2013), provides for the:
- market surveillance of construction products having regard to the requirements of the CPR and Regulation (EU) No. 765/2008.
- establishment of building control authorities as the market surveillance authorities for construction products. Authorised officers have also been appointed in each of the 31 local building control authorities to enforce the statutory requirements set out under the European Union (Construction Products) Regulations 2013 and Regulation (EU) No. 305/2011.
- offences, penalties and prosecutions, and
- the destruction or disposal of construction products where a person has been convicted on indictment of certain offences under the regulations.
Pursuant to Article 18(5) of Regulation (EC) 765/2008, Ireland’s National market surveillance programme 2021is published on the website of the European Commission.
‘construction product’ means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works”
- ‘Construction Industry – Preparing for the end of the Brexit Transition Period Frequently Asked Questions’
- Getting Ireland Brexit Ready-Department of Housing, Local Government and Heritage
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- Standards; The provisions of Regulation (EU) No 305/2011 prevail over any conflicting provisions in the harmonised standards-
- Regulation (EU) 305/2011 – Construction Products Regulation (CPR). ANNEX IV – Table 1. PRODUCT AREAS
- CE Marking for Construction Products European Commission Video
2020 Building Control Inspections Data
Building Control Officers carried out 17,852 site inspections and requested and/or checked 11,098 building compliances in 2020.
“Inspections” covers any type of visit or check conducted by Building Control Officers (BCO) on works or a building including construction products, workmanship, specifications, documents etc. Building Control Officers (BCO) use a random and risk-based approach to plan inspections. Commencement Notice “Online Assessment” data collated via the online Building Control Management System (BCMS) informs the targeting of buildings and works where the risk of non-compliance with the requirements of the Building Regulations is highest. Visibility on site and communication with owners, builders, certifiers and product suppliers is paramount to promoting compliant, safe, accessible and sustainable buildings.
- Number of Inspections, prior to commencement of work (desktop) 1,772
- Number of Commencement Notices where plans, specifications, or other compliance documents were requested. S11(3) requests 1,034
- Number of Inspections of buildings in progress (onsite) 15,008
- Number of Inspections (other)- e.g. Part G (Hygiene), J (Flues), H (Drainage/Wastewater) 1,072
- Number of buildings & dwellings (new/existing) for which a Building Energy Rating (BER) Certificate was sought and/or checked by the Building Control Authority (BCA) 10,064