The Legislative Impact, Obligations, Challenges & Liabilities For All Key Construction Sectors

A one-day conference

Royal Marine Hotel,
Dun Laoghaire, Co. Dublin

Date: 27th September 2017

Sponsored by:


This important one-day conference is unique in its ability to attract all key construction sectors together for one day to debate the issues expected and learn about the impacts of the new Building Control regulations on business and professionals in the sector. This event will explore what your responsibilities are as an assigned certifier, or as otherwise engaged in the design or execution of construction work: where you stand if a problem arises and how these regulations are changing how projects are managed. CMG have gathered an expert line of speakers to provide clarity on the topics and ensure attendees leave better informed and armed with the right information for future projects.

One of the major concerns of industry professionals is the level of assessment, inspection and enforcement to be carried out by Building Control Authorities who are now operating to the June 2016 version of the framework for building control Authorities, which mainly deals with risk assessment and phased completion. An update of the Department of Environment’s 2014 Code of Practice for inspecting and certifying building is expected soon. The Code of Practice defines the roles of the various parties: Owner, Assigned Certifier, Design Certifier, Builder and Building Control Authority. The conference programme will address issues as to ‘Who and When’ statutory certificates and ancillary certificates are provided; Interface of parties and if there is a change of Assigned Certifier or Builder during the project. Practical issues and costs including the interface between BC(A)R and the Construction Products Regulations will be addressed as will the register of Building Contractors.

Who should attend?

This event will be of real interest to all build and design professionals, assigned and design certifiers, public sector bodies and those who look after the law surrounding projects. The types of organisations in attendance will be contractors, sub-contractors, engineers, architects, local authorities, semi-state agencies, government departments, manufacturers, suppliers, universities and legal consultants.




Opening Remarks by Conference Chairperson:
Toal O’Muire, Architect, Arbitrator, Mediator, Conciliator and Adjudicator


Overview of some important BC(A)R issues
Speaker: Joe Kennedy, FRIAI,  Chair of the RIAI BC(A)R Steering Group, Managing Director of Smith and Kennedy Architects

  • What does ‘competency’ mean in practice – for Designers, Constructers and Inspectors?
  • What have the first three years thrown up as issues?
  • Ancillary Certificates – implications for coordination and implementation
  • SI 365 – how should professionals and builders deal with cases where the Building Owner opts out of SI9?
  • How might the system be improved?


Code of Practice & Framework; The role of building control authorities
Speaker: Pat Nestor MSCSI MRICS, Head of the Building Control Division within the Planning & Property Development Department of Dublin City Council

  • Purpose and status of Code of Practice for inspecting and certifying building works
  • Overview of Code
  • Procedures at commencement, during construction and on completion
  • Inspection plans and inspection notification framework
  • Overview of role of building control authorities
  • Outline of national online system for commencement notices


Practical issues and cost?
Speaker: Kevin Sheridan, EurBE, MSc, CEnv, Chartered Surveyor & Chairman, Institution of Civil Engineers, Secretary General European Association of Building and Construction Experts & Past President Irish Building Control Institute

  • Impact of BCAR regulations regarding overall project costs, scope and scale
  • Compliance and certification issues
  • Practicalities for the Assigned Certifier and the procurement of Lodgement
  • Documents/Certificates prior to completion
  • Contractual relationships ñ some challenges to expect
  • Implications of post SI 365 implementation regarding opt-outs and certification of compliance for conveyancing and funding purposes
  • Contrasting AC & DC BCAR roles with other European models


Coffee Break & Opportunity To Network


Liability & Legal Implications of the Assigned Certifiers
Speaker: Martin Waldron, Barrister and Quantity Surveyor

  • How legal liability arises generally for parties
  • The liabilities of the assigned certifier pursuant to the Building Control (Amendment) Regulations
  • Steps which can be taken by the assigned certifier to lessen exposure
  • What are the legal implications arising from the new certificates?
  • What are the legal repercussions arising for each party involved in the project – who are more exposed to liability than others?
  • What happens if someone signs a statutory certificate under the Regulations which subsequently proves to be non-compliant?
  • What are the penalties to be aware of that you could have to face?
  • A review of the courts’ stance on certification and how it might be affected by the new Regulations.


Register of Building Contractors & the role of the Assigned Builder
Speaker: Mel O’Reilly, Chair of CIF committee on Building Regulations and Builders’ Register; CIF representative for the CIC Technical Working Group on the operation of the Building Control Regulations

  • Update on the Construction Industry Register Ireland (CIRI)
  • Who can Qualify for Registration
  • Governance Processes for operation of registration system
  • Linkages from statutory certification under Building Control to CIRI registration  
  • Requirements for registration and maintaining registration.
  • What should the statutory system include?


Q&A Session


Lunch & Opportunity To Network


What is the role of the Assigned Certifiers & interface with ER and BCA?
Speaker: Cormac Bradley, B.Sc.C.Eng. F.I.E.I, M.I.C.E, Construction Manager, RPS Consulting Engineers

  • What are the details of the Assigned Certifier’s role? What are and are not their responsibilities?
  • Is there a conflict between the roles of Employer’s Representative and Assigned Certifier – how can this be avoided or managed?
  • Who acts as the Assigned Certifier on Design and Build Contracts – How well is the Client protected?
  • Risk Assessments for Local Authorities and Assigned Certifiers – what does it mean?
  • Ancillary Certificates – Who prepares the Ancillary Certificate? Who signs it? What is the responsibility of the individual who has generated it? Does it afford a designer any additional protection?
  • The management of as-built drawings – they assume much more importance in this new regime.


Building Control Reform Agenda
Speaker: John Wickham, Senior Adviser – Housing Adviser/ Building Standards, Department of Housing, Planning and Local Government

  • Building Regulations
  • Building Control Regulations (BCAR)
  • Construction Products Regulations
  • Register of Builders


Conference Close


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There will be 6 CPD points awarded to all attendees at this conference from the CPD certification service.

Joe Kennedy

Joe Kennedy

FRIAI,  Chair of the RIAI BC(A)R Steering Group, Managing Director of Smith and Kennedy Architects

Joe is Managing Director of Smith and Kennedy Architects which is a mid-sized Dublin based firm involved in high-end residential, leisure, commercial, educational and interior sectors.

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In addition he has been an occasional lecturer in design-and-build contract procurement and have contributed to Urbact as an expert witness in relation to developing EU urban strategies.

Joe was Honorary Secretary of the RIAI (2015 /2016) and he chairs the RIAI BC(A)R Steering Group. Joe also represents the RIAI at CIC / Department of Housing, Planning and Local Government meetings. As part of his role, he contributes to CPD sessions on Building Control and related topics and has presented at a number of public seminars.

Kevin Sheridan

Kevin Sheridan

EurBE, MSc, CEnv, Chartered Surveyor & Chairman, Institution of Civil Engineers, Secretary General European Association of Building and Construction Experts & Past President Irish Building Control Institute

Kevin Sheridan is Secretary General and Past President of the Association of European Building and Construction Experts.

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He is a Chartered Building Engineer, Chartered Environmentalist..  He is a member of the Architects Registration Board, the Construction Industry Registration Ireland (CIRI) Board and a former member of the Building Surveyors Registration Board. He served on the SI105 BCAR Board for alternative compliance proposals for Health & Schools Projects.He is Chairman of the Republic of Ireland Branch of the Institution of Civil Engineers (ICE) and Past President of the Irish Building Control Institute (IBCI). He was responsible for developing and delivering the National Building Control/Regulations QQI competency certificated training programme.He serves on several National standards committees and NSAI Standards Committees.

Martin Waldron

Martin Waldron

Barrister and Quantity Surveyor

Martin is a practicing Barrister and Chartered Quantity Surveyor, specialising in construction, property and banking disputes.

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He has over 20 years’ experience in the construction industry as the owner of his own PQS firm, a builder’s QS and also a client. He has specialised in construction claims and disputes since 2004. He is on the Adjudicator, Arbitrator and Conciliator Panels of the Society of Chartered Surveyors Ireland, Construction Industry Federation and Chartered Institute of Arbitrators. He sits on the committees of the Construction Bar Association, CIArb and SCSI Dispute Resolution Standing Committee. He is regular speaker on construction law matters for various professional organisations and educational institutions.

Toal Ó Muiré

Toal Ó Muiré

B.Arch. M.Arch.Sc. M.B.A. Dip.Arb. Dip.Const.Law & Contract Admin FRIAI FCIArb, Architect, Arbitrator, Mediator, Conciliator and Adjudicator

Toal Ó Muiré is an architect, arbitrator, mediator, conciliator and a member of the Panel of Adjudicators under the Construction Contracts Act.
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He has been an architect in private practice for 35 years, mainly on commercial and private housing projects. He was President of the RIAI and Chairman of the CIArb – Irish Branch. He increasingly specialises in dispute resolution and expert witness services. He is past Chairman of the ENACA – the EU Network of Architects Competent Authorities, and is a past Joint Chairman of the RIAI-Department of Environment Joint Housing Committee. He has worked in consultative groups on building control and planning control, and in preparing statutory guidelines on apartment development.

John Wickham

John Wickham

Senior Adviser – Housing Adviser/Building Standards, Department of Housing, Planning and Local Government

John is a Senior Adviser – Housing Advisers & Building Standards in the Department of Housing, Planning, and Local Government.

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He has responsibility for managing a technical team of Advisers and implementation of the Building Control Reform Agenda including the provision of a strong and evolving building code in support of quality construction, sustainable development and compliance with relevant EU requirements e.g. the Construction Products Regulation and Energy Performance of Buildings Directive. John is a Chartered Member of Engineers Ireland and a Chartered Member of the Institute of Structural Engineers and has worked for engineering design consultancies in Ireland and abroad, overseeing the design and construction of multiple commercial and residential buildings.

Mel O’Reilly

Mel O’Reilly

Chair of CIF committee on Building Regulations and Builders’ Register; CIF representative for the CIC Technical Working Group on the operation of the Building Control Regulations

Mel O’Reilly is managing direction of MDY Construction involved in delivery of public and private projects across all sectors of the industry.

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This includes public and private residential developments, commercial and industrial facilities, healthcare, leisure, and refurbishment works.Following studies in Bolton Street and TCD, he entered the family contracting business for a period and joined MDY in 1992. He now has over 40 years experience at various management levels in the contracting industry. In latter years he has been heavily involved in MBCA and CIF committees and as chairman of the CIF Builders’ Register & Building Regulations Committee he has been involved in the establishment of CIRI and in the consultative process with the DECLG (HPLG) in the development an review of BCAR.  He is currently a board member of CIRI as one of the industry representatives.

Cormac Bradley

Cormac Bradley

B.Sc., C. Eng., F.I.E.I., M.I.C.E. Construction Manager, RPS Group

A graduate of Queen’s University Belfast, Cormac has spent a large part of his career in South Africa working on a wide variety of projects including dams, bridges, roads, wastewater treatment works, gold, coal and diamond mines and a collapsed railway tunnel.

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He returned to Ireland in 2001 to a position in Galway but relocated to Dun Laoghaire in 2005 and shortly thereafter joined RPS as a Construction Manager in the Dun Laoghaire office concentrating on landfill projects in their Waste & Energy Section. Currently, he is working on the Dublin Airport Fuel Farm redevelopment project and has current Assigned Certifier roles on pharmaceutical, social accommodation and commercial projects and has completed a small hospital building project in the same capacity.

He represented Engineers Ireland (with others) in the original BC(A)R consultation process and was their sole representative on the working group that originally developed the suite of Ancillary Certificates and the associated Practice Notes that have followed that exercise.

Pat Nestor

Pat Nestor

MSCSI MRICS, Head of the Building Control Division within the Planning & Property Development Department of Dublin City Council

Pat Nestor is head of the Building Control Division within the Planning & Property Development Department of Dublin City Council.

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A Chartered Surveyor, Pat leads a team of building surveyors and inspectors enforcing the requirements of Building Control on construction sites in Dublin City and supporting building owners, builders and professionals in their efforts to comply with the Building Regulations. Pat joined Dublin City Council in 2014 from his previous post with Building Control in Cork City Council. He is also actively involved in the continuing development of Building Control and the BCMS at a national level through the BCMS Project Board.

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

Directions – royal-marine-hotel-map

Booking rate €395.00 + VAT

CMG Events Conference Discount

  • 15% discount for the third delegate booked or subsequent bookings thereafter from the same company.

The rate to attend includes morning tea/coffee and refreshments on arrival at registration, mid-morning tea/coffee and pastries and full buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event. 

Tel: 01 293 4764


   Telephone:+353 1 2933650

Booking rate €395.00 + VAT

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Terms and Conditions:
Payment for attendance is due within seven days from the date of invoice. This booking is transferable and a substitute attendee may attend on your behalf at no additional cost if you cannot attend. Cancellation of a booking must be received by CMG Events in writing by email or by post, no later than 14 days prior to the event date. Regrettably no cancelations or refunds can be made after this date. In the case of a refund – an administration charge of 25% plus VAT will be deducted before a refund is made. CMG Events reserve the right to make any necessary changes to the advertised programme including a change of venue. The views expressed by the speakers are not necessarily those held by the organisers, nor is the organiser responsible for speakers opinions or statements. Please note CMG Events will distribute the delegate list to all registered attendees prior to the conference for networking purposes. However, in keeping with current data protection and privacy legislation, the distributed delegate list will not contain telephone or email contact details. Please advise CMG Events if you would like to have your name removed from this networking list for this event. We do not sell your data to a third party - we may use your contact details for the purposes of notifying you of other conferences or training courses that we run. If you do not wish for us to contact you again, please let us know by emailing

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