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Planning Enforcement
Overview
Any development carried out requires planning permission, unless it is exempted in Planning Legislation. Equally, any development carried out on foot of planning permission must be carried out in conformity with the planning conditions.
If a member of the public is concerned that a particular development may be unauthorised or non-conforming with permission, they should make a written complaint to the Enforcement Section.
Where valid written complaints are received from the public, warning letters are issued by the Enforcement Section. To assist in this, as much detailed information should be contained on our Enforcement Complaint Form or Foirm maidir le Gearán faoi Fhorfheidhmiú Pleanála . Submissions may be made to the Warning Letter and these are considered before a decision is made on serving an Enforcement Notice requiring specific measures to be carried out, or closing the complaint. Persons who make complaints are notified in writing of any decisions made.
How to make a complaint about a development
- The Council is only obligated to follow up on written complaints where complainants name and address are given.
- Complainant is advised to make a written complaint or to fill below form and sign.
- Westmeath County Council Enforcement Section will make every effort to assess all written complaints. “Where the development in question is of a trivial or minor nature the planning authority may decide not to issue a warning letter” (Section 152 (2) Planning and Development Act 2000)”
- Complaints will be prioritised and dealt with as resources permit.
- To assist in making a speedy and comprehensive assessment of the complaint, please submit detailed information including location map where practicable.
- Completed Forms to be returned to Legal & Enforcement Department, Civic Offices, Mullingar, Co. Westmeath. Email: enforcement@westmeathcoco.ie
- Your Complaint will be assigned a number and referred to an Enforcement Officer in a queue system. You will be notified in writing of any decision made on the file.
Foirm maidir le Gearán faoi Fhorfheidhmiú Pleanála
Building Control
All buildings must be designed and constructed in accordance with the Building Regulations. The responsibility for designing and constructing buildings in compliance with Building Regulations rests with designers, developer/builder and owners.
Homebuyers should consider employing independent and competent professionals to inspect their new dwelling for Building Regulations compliance prior to completing their purchase.
Westmeath County Council is a Building Control Authority under the Building Control Act, 1990 and as such has powers of enforcement and prosecution and inspect in the order of 15% of new buildings.
Objectives of Building Control
- To protect public health and safety
- To promote awareness of Building Regulations among the general public.
- To ensure the provision of access for people with disabilities
- To promote conservation of fuel and energy in buildings.
Overview of Building Control Legislation
The legislative framework for the Building Control system is contained in the following:
1. The Building Control Act, 1990 (as amended)
The Act is the basis of Building Control and it allows for the establishment of Building Control Authorities. It empowers the Minister to make Building Regulations and Building Control Regulations. The Act also empowers a Building Control Authority to serve Enforcement Notices, to inspect works and buildings and to prosecute for non-compliance. The Building Control Act established a statutory duty to design and construct in accordance with Building Regulations. Every building to which Building Regulations apply should be designed and constructed in accordance with the Building Regulations and the responsibility for compliance rests with builders, designers and owners.
http://www.environ.ie/en/DevelopmentandHousing/BuildingStandards/#Building%20Control%20Act%202007
2. Building Regulations
The Building Regulations set out the legal requirements for the design and construction of buildings. The Guidance to complying with the requirements is detailed in the Technical Guidance Documents.
3. Building Control Regulations
The Building Control Regulations are procedural and administrative. Their purpose is to promote observance of the Building Regulations by supplementing the basic building control power of inspection and enforcement. They do this by requiring Commencement Notices for building works to be lodged with the Building Control Authority. They also require Fire Safety Certificates to be lodged with the Building Control Authority for certain buildings.
Part of the work of Building Control is carried out by the Legal & Enforcement Department and part by the Fire Station.
For further information on any aspect of Building control, click on the relevant links or contact the Legal & Enforcement Section on 044 93 32089 or enforcement@westmeathcoco.ie
Building Control - Notices, Certificates & Advice
- Commencement Notices
- Fire Safety Certificates
- Disablity Access Certificates
- Building Energy Rating (BER)
- Dwelling Energy Assessment Procedure
- Radon - Advice
Commencement Notices
Under the 1990 Building Control Act and the 1997 Building Control Regulations, commencement notices must be lodged, subject to certain exemptions, to the Council by any person who intends to carry out any works or a change of use on their property.
Notices should be submitted not less than 14 days and no more than 28 days before the commencement of such works.
Subject to exemptions, commencement notices are required for:
- The erection of a building
- The material alteration or extension of a building
- The material change of use of a building
- Works in connection with the material alteration (excluding minor works) of a shop, office or industrial building
The primary responsibility for compliance rests with designers, builders and building owners. Building control authorities have power to inspect design documents and buildings, as well as powers of enforcement and prosecution where breaches of the regulations occur. There are heavy penalties, including fines and imprisonment, for breaches of the regulations. In addition, when it comes to selling your property, you may have difficulties if you cannot satisfy the purchaser's solicitor that the requirements of the regulations have been met.
Foirm an Fhógra maidir le Tús a chur le Forbairt
Fire Safety Certificates
Link to Fire Station - Fire Safety Certifcates
Disability Access Certificates
A Disability Access Certificate is a certificate granted by a Building Control Authority which certifies compliance with the design of certain works with the requirements of Part M of the Building Regulations (see links below for further details). A building can not be occupied until a Disability Access Certificate has been issued.
Part M of Building Regulations
http://www.environ.ie/en/DevelopmentandHousing/BuildingStandards/
DAC FAQs
DAC Application Form
Foirm Iarratais Ar Dheimhniú Rochtana Do Dhuine Faoi Mhíchumas
Building Energy Rating (BER)
This rating is an indication of the energy performance of a building it is similar to the energy label on a fridge with a scale of A to G. “A” rated homes are the most energy efficient.
Before a building is advertised for sale/let or occupied for the first time, the owner (or Agent) of a building of a certain class must obtain a BER certificate and advisory report in relation to the building and shall produce a printed copy of the BER certificate and advisory report to the building control authority in whose functional area the building is situated, upon demand made by that authority.
BER certificates can be obtained from a registered BER assessor (registered with SEI (Sustainable Energy Ireland); list of registered assessors is available online at www.sei.ie/ber
BER Legislation :
Dwelling Energy Assessment Procedure (DEAP)
Conservation of Fuel and Energy :
The design of all new buildings must encorporate a Dwelling Energy Assessment Procedure Plan and this must be available for inspection by the Building Control Authority upon request. A building shall be designed and constructed so as to ensure that the energy performance of the building is such as to limit the amount of energy required for the operation of the building and the amount of Carbon Dioxide emissions associated with this energy use insofar as is reasonably practicable.
DEAP Legislation :
DEAP Further Information
Radon
Radon is a naturally occurring radioactive gas which originates from the decay of uranium in rocks and soils. It is colourless, odourless and tasteless and can only be measured using special equipment. When radon surfaces in the open air, it is quickly diluted to harmless concentrations, but when it enters an enclosed space, such as a house or other building, it can sometimes accumulate to unacceptably high concentrations.
Every new house is required to incorporate some degree of radon preventive measures at the time of construction in accordance with building regulations (Technical Guidance C). The degree of protection required is dependent upon whether or not the site is located within a High Radon Area.
Further details can be viewed on www.rpii.ie/radon and on building standard pages of www.environ.ie publications and documents or by writing to the Building Control section, Westmeath County Council, County Buildings, Mullingar, County Westmeath.
Building owners are strongly recommended to have the Radon concentration level assessed when the building is in use and again after remediation action, should such prove necessary.
Taking Estates in Charge
Taking in charge of estates
Where a housing development is compliant with its planning permission and is completed to the satisfaction of the Planning Authority, the Estate may be taken Guidelines for Purchasers in Residential Developments in charge.
Taking in charge means that the planning authority takes control of infrastructure and public areas associated with a particular development. The facilities to be taken in charge include:
- Roads and footpaths
- Water services
- Foul and storm water drainage
- Public lighting
- Public open spaces
Estates taken in charge since January 2007
The documents below outline the Council's policy and also include application forms in relation to taking in charge of private housing developments i.e. a development of two or more houses.
- Taking In Charge Policy for Private Housing Developments
- Guidelines for Purchasers in Residential Developments
- Iarratas maidir lena chur faoi deara go rachaidh
Unfinished Housing Estates
The Department of Environment Community and Local Government published a Guidance Manual for Managing and Resolving Unfinished Housing Developments, August 2011. Following on from this Westmeath County Council established an Unfinished Housing Development Team (UHD Team) to deal with the issue of Unfinished Housing Developments in Westmeath and Athlone TC. To date the team has carried out surveys and categorised/prioritised unfinished housing developments identified in the County. There are 28 no of unfinished estates within the county as listed below.
Discussions on the resolution of specific unfinished housing developments may lead to agreement to prepare and implement a site resolution plan. Such a plan is prepared by the Developer or Receiver, where one is appointed, and is an agreement between all stakeholders on how the relevant development should be finalised.
|
|
Location |
Estate |
|
1 |
Athlone |
An Fionnan (Apts) |
|
2 |
Athlone |
Drummacon |
|
3 |
Athlone |
Glenatore |
|
4 |
Athlone |
Woodville View |
|
5 |
Athlone |
The Orchard |
|
6 |
Ballymore |
Plary Abbey |
|
7 |
Castlepollard |
Clois Na Cille |
|
8 |
Castlepollard |
Cluain Ard |
|
9 |
Castlepollard |
Corchain Lir |
|
10 |
Castlepollard |
Kingscourt |
|
11 |
Castlepollard |
The Paddocks |
|
12 |
Castlepollard |
Rathgrave Green |
|
13 |
Clonmellon |
Cluain Milain |
|
14 |
Clonmellon |
Raistin Court |
|
15 |
Delvin |
Cluain Lorcain |
|
16 |
Killucan-Rathwire |
Killucan Manor |
|
17 |
Killucan-Rathwire |
Village Green |
|
18 |
Moate |
Ard Na Locha |
|
19 |
Moate |
Gleann Duchais |
|
20 |
Moate |
Oakhill |
|
21 |
Moate |
Toorvalley |
|
22 |
Moate |
Whitecroft Court (Apts) |
|
23 |
Mounttemple |
Loch Luatha |
|
24 |
Mullingar |
Cloon Lara |
|
25 |
Mullingar |
Coil Rua |
|
26 |
Mullingar |
Rathgowan Wood/Rathgowan Park |
|
27 |
Mullingar |
Royal Canal |
|
28 |
Tyrellspass |
Newforest Park |
Residents and local Communities that are living within or affected by unfinished housing development need to be kept informed and involved in the process of devising and implementing any plans for the management and ultimate resolution of housing developments. This also includes estate management companies where such entities still exist. Residents and the local community play an important role in bringing to the attention of the relevant statutory bodies the defect in the housing development into which they have purchased and are not in the sphere of their control.
The key role moving forward for the UHD Team is as a single point of contact for all key stakeholders in addressing unfinished housing developments, the overseeing and Implementation of Site Resolution Plans for these developments
To this end Residents in the development listed above may contact the Unfinished Housing Development Team to report concerns/Issues.:
Email: UHD@westmeathcoco.ie
Phone: 044 9332089
or in writing to
Unfinished Housing Development Team,
Legal & Enforcement Section,
Westmeath County Council,
County Buildings,
Mullingar,
Co. Westmeath
