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Planning and Building Requirements

The following is for general information purposes only. All further queries regarding this information should be directed to the competent authority listed below.

Competent Authority
Planning and Building requirements when establishing your business
Construction Scenario : Setting up a Construction Company
Food and Beverages Scenario : Opening a Cafe/Restaurant
Personal Care Services Scenario : Opening a Fitness Club
New Online Building Control Management System

Competent Authority

The relevant local authority where the place of business is to be established is the competent authority in Ireland.

A new company will need to be registered with the Companies Registration Office in line with their requirements - visit www.cro.ie for further information

The relevant local authority should be contacted directly for all queries in relation to establishing a place of business in Ireland.

Planning and Building requirements when establishing your business

The following outlines the procedures in relation to three sample scenarios when establishing your business in Ireland, from a Planning and Building Control perspective:

Construction Scenario : Setting up a Construction Company

Planning requirements

There are a number of issues which will determine the appropriate procedure in this case:

  •  Is the area an Architectural Conservation Area as defined by Section 81 of the Planning and Development Act 2000-2013? If so, the local authority will have a set of guidelines for commercial properties restricting the size and style of a banner or business sign.
  •  Planning exemptions are listed in Schedule 2 Part 2 of the Planning and Development Regulations 2000-2013. These outline types of signage and conditions and limitations relating to size, location, height and other relevant details.
  • If a sign does not fall within these restrictions, the developer will need planning permission. The applicant can apply to the local authority for a formal declaration of exemption to clarify whether the sign falls within point 2 above.

Building Control requirements

  • Complete a ‘Commencement Notice’, as required under Part II of the Building Control Regulations 1997 to 2014, and submit to the Building Control Section of the relevant local authority.
  • Complete an application for a ‘Fire Safety Certificate’, in accordance with the requirements Part III (or Part IIIA as appropriate) of the Building Control Regulations 1997 to 2014, and submit to the Building Control Section of the relevant local authority.
  • Complete an application for a ‘Disability Access Certificate’, in accordance with the requirements of Part IIIB of the Building Control Regulations 1997 to 2014, and submit to the Building Control Section of the relevant local authority.
  • Submit a ‘Certificate of Compliance’ on completion to the Building Control Section of the relevant local authority as required under Part IIIC of the Building Control Regulations 1997 to 2014, for inclusion on the statutory register maintained under Part IV of the Regulations.

Food and Beverages Scenario: Opening a Cafe/Restaurant

Planning requirements

If the café is being established on the site of an existing café, the existing planning permission may suit the requirements of the new developer. This should be checked by the developer at the planning office of the local authority in question.

If it does not suit, or if the developer is establishing a new café in a location which did not previously have one, planning permission will be needed for structural changes. Section 32 of the Planning and Development Act 2000-2013 outlines the process by which planning permission should be sought; this information is also available from the planning section of the local authority in question.

Building Control requirements

  • Complete a ‘Commencement Notice’, as required under Part II of the Building Control Regulations 1997 to 2014, and submit to the Building Control Section of the relevant local authority.
  • Complete an application for a ‘Fire Safety Certificate’, in accordance with the requirements Part III (or Part IIIA as appropriate) of the Building Control Regulations 1997 to 2014, and submit to the Building Control Section of the relevant local authority.
  • Complete an application for a ‘Disability Access Certificate’, in accordance with the requirements of Part IIIB of the Building Control Regulations 1997 to 2014, and submit to the Building Control Section of the relevant local authority.
  • Submit a ‘Certificate of Compliance’ on completion to the Building Control Section of the relevant local authority as required under Part IIIC of the Building Control Regulations 1997 to 2014, for inclusion on the statutory register maintained under Part IV of the Regulations.

Personal Care Services Scenario: Opening up a Fitness Club

Planning requirements

The same procedure as the food/beverages scenario applies here. The planning permission granted may restrict the hours of operation and/or noise levels. In a built-up area, bye-laws may also exist restricting hours of operation. The local authority would be the point of contact in this regard also.

Building Control requirements

  • Complete a ‘Commencement Notice’, as required under Part II of the Building Control Regulations 1997 to 2014, and submit to the Building Control Section of the relevant local authority.
  • Complete an application for a ‘Fire Safety Certificate’, in accordance with the requirements Part III (or Part IIIA as appropriate) of the Building Control Regulations 1997 to 2014, and submit to the Building Control Section of the relevant local authority.
  • Complete an application for a ‘Disability Access Certificate’, in accordance with the requirements of Part IIIB of the Building Control Regulations 1997 to 2014, and submit to the Building Control Section of the relevant local authority.
  • Submit a ‘Certificate of Compliance’ on completion to the Building Control Section of the relevant local authority as required under Part IIIC of the Building Control Regulations 1997 to 2014, for inclusion on the statutory register maintained under Part IV of the Regulations.

 

New Online Building Control Management System

A new online Building Control Management System (BCMS) has been developed by local authorities, with support from the Department of Environment, Community and Local Government, which enables the electronic submission of Commencement Notices, Certificates of Compliance on Completion and all ancillary documents associated with these statutory requirements to local authorities.

The BCMS has been developed to provide a common platform for clear and consistent administration of building control matters across the local authority sector. It can be accessed at the following link www.localgov.ie/en/BCMS and has been operational since 1st March 2014.

As matters stand, the BCMS does not cater for the statutory processes in respect of Fire Safety Certificates nor Disability Access Certificates although developments are being advanced which will facilitate these in due course (anticipated by end September 2014).

FAQ's on the BCMS system. This includes information on documentation required and fees.