Fire Safety Certificates

Application Process and Required Documents

What is a Fire Safety Certificate?

  • Definition: A legal certificate issued by the Building Control Authority.

  • Purpose: To confirm that building works, if constructed per provided plans/specifications, will comply with Part B of Building Regulations focused on fire safety.

  • Focus Areas: Means of escape, structural fire resistance, fire spread, etc.

  • Applicability: Required for most commercial and multi-unit residential works.

  • Detailed Definition: A Fire Safety Certificate verifies if building designs comply with Part B [Fire] of the Second Schedule to the Building Regulations 1997, if built according to the approved plans and specifications.

When is a Fire Safety Certificate Required?

  • New Building Construction: Generally required, excluding certain exemptions.

  • Material Alterations: Applies to:

    • Day centres

    • Flats

    • Hotels

    • Hostels

    • Institutional and assembly buildings

    • Shopping centres, shops, office buildings

    • Industrial buildings with new floor area or subdivision

    • Extensions exceeding 25m²

    • Material change of use

  • Exemptions: Includes specific building types such as:

    • Certain single-storey agricultural buildings

    • Buildings used solely as dwellings (except flats)

    • Single-storey domestic garages

    • Ancillary single-storey buildings used only for recreational purposes or storing plants, birds, or animals for domestic use without trade involvement.

Types of Fire Safety Certificates

  • Standard Fire Safety Certificate: Required before construction or works commence (Article 11 of Building Control Regulations 1997-2024).

  • 7 Day Notice Certificate: Allows for the commencement of works before obtaining the certificate, requiring a valid declaration submitted at least 7 days prior (Article 20 (A)).

  • Revised Fire Safety Certificate: Required for significant modifications made after the initial certificate is granted (Article 20 (B)).

  • Regularisation Certificate: Needed when works have started/completed without the required certificate; compliance must be achieved within 4 months or before occupation (Article 20 (C)).

Who Can Submit Applications?

  • Eligible Submitters: Applications must be prepared and submitted by a Fire Safety Consultant, Architect, or Engineer.

  • Experience Requirement: The applicant must be competent and familiar with Building Regulations and submission procedures.

  • Submission Quality: Comprehensive details and quality drawings are required; insufficient submissions may cause delays and be invalidated.

  • Knowledge Requirement: The individual preparing the Fire Safety Certificate must have a sound knowledge of building construction and fire safety design.

Submission Methods

  • Preferred Method: Online via Building Control Management System (BCMS).

    • Specific steps, such as role acceptance, are only done on BCMS.

  • Hardcopy Submission: Requires 2 sets of supporting documents and payment; all must also be uploaded to BCMS.

    • Ensure all application data matches across formats.

    • Applications lacking necessary information or with inconsistencies will be invalidated.

Payment Methods and Fee Exemptions

Accepted Payment Options

  • Credit or debit card via BCMS

  • Telephone payment

  • Cheque (requires clearance; relevant for 7-day notice, can take 10 days)

  • In-person payments

  • Electronic Funds Transfer (EFT)

Fee Exemptions

  • Applicable to voluntary organizations (e.g., not-for-profit, social/religious accommodations for poor/disabled).

  • As per Section 6, Housing (Miscellaneous Provisions) Act 1992 for accommodations offered to the needy, not used for profit.

Required Documentation – Part 1

  1. Site Location Map: Scale 1:1000 or 1:2500, indicating site boundaries and surrounding context.

  2. Dimensioned Site Layout Plan: Scale 1:500, showing access routes, boundaries, and relationships to adjacent structures.

  3. Dimensioned Floor Plans: Detailed layout with measurements, escape routes, and fire compartmentation.

  4. Dimensioned Elevations and Sections: Showing height relationships, construction details, and fire resistance elements.

    • Note: All plans and drawings must be clear and properly scaled, including all necessary information for assessment.

Required Documentation – Part 2

  1. Compliance Report: Demonstrate adherence to TGD B (Technical Guidance Document B).

  2. Completed Application Form: Must be properly signed, details matching BCMS entries, and include statutory declaration where required.

  3. Appropriate Fee: Must include proof of payment or documentation demonstrating fee exemption status.

    • Compliance reports should thoroughly address relevant fire safety elements to avoid delays in certification.

Fees

Fire Safety Certificate Fees

  • Rate: €2.90 per square meter of relevant floor area.

  • Minimum Fee: €125.

  • Maximum Fee: €12,500 regardless of floor area.

  • Relevant Floor Area: Includes entire floor area of a proposed new building, floor area of proposed works, and floor area for material change of use (measured to finished internal surfaces).

7 Day Notice Fee

  • Rate: €5.80 per square meter of relevant floor area.

  • Minimum Fee: €250.

  • Maximum Fee: €25,000, double the amount of the standard Fire Safety Certificate.

Additional Notes on Costs

  • Certain voluntary community organizations and approved housing bodies may be exempt from paying application fees; see fee exemption form.

Compliance Report Contents (TGD B)

  • TGD B 2006/2020 Components:

    • B1 Means of Warning/Escape

    • B2 Internal Fire Spread (Linings)

    • B3 Internal Fire Spread (Structure)

    • B4 External Fire Spread

    • B5 Fire Service Access/Facilities

  • TGD B 2024 Additions:

    • B6 Smoke Control

    • B7 Existing Buildings

    • B8 Sprinklers

    • Note: Address all criteria relevant to the specific project for certification approval.

Validation and Assessment Process

Validation Checks for:

  • Additional information or revisions.

  • Time extensions if required.

  • Completeness and correctness of forms and documentation.

  • Scope of compliance report.

  • Clarity and relevance of drawings.

  • Justification of fee payment or exemption.

Assessment Process

  • Involves technical review by the authority.

  • Requests for supplementary information may be initiated, requiring a due date.

  • If information is not submitted timely, an Extension of Time may be requested by the Technical Advisor or Fire Officer assessing the application.

Reasons for Extension of Time Requests

  • Difficulty in gathering requested information.

  • Administrative requirements on the Authority's side when submissions happen too close to decision deadlines.

Planning & Fire Safety Certificate Applications

  • Simultaneous Applications: Can apply for both planning permission and Fire Safety Certificate at the same time.

  • Recommendation: It's typical to wait for planning permission approval before FSC application; modifications to building design may arise from the planning process.

  • Permissible Works During Assessment: Demolition, clearance, and site preparation are allowed; however, no actual construction should take place until FSC is granted.

Revised Fire Safety Certificate

  • Purpose: Required when modifications to design or use occur after an FSC has been issued.

  • Application Components:

    1. Completed Revised Fire Safety Certificate application form.

    2. Relevant revised drawings (in duplicate).

    3. Fire safety compliance report.

    4. Appropriate fee.

  • Submission Method: Revised Fire Safety Certificate applications can now be submitted via the online Building Control Management System (BCMS).

Revised Fire Safety Certificate Fees

  • Rate: €2.90 per square meter.

  • Minimum Fee: €125.

  • Maximum Fee: €12,697.38 regardless of floor area.

  • Relevant Floor Area: Defined as for standard applications and must adhere to same measuring standards.

  • Exemptions: Some voluntary community organizations and approved housing bodies may not have to pay fees.

Regularisation Certificate

  • Application Necessity: Must be applied for when works have occurred without an FSC or without a valid 7 Day Notice.

  • Application Components:

    1. Completed Regularisation Certificate application form.

    2. Relevant drawings (in duplicate).

    3. Fire safety compliance report.

    4. Statutory declaration.

    5. Appropriate fee.

  • Submission Method: Can be made via the online BCMS.

Consequences of Non-Compliance

  • Liability: Building owners or occupiers conducting works without an FSC are subject to enforcement actions under the Building Control Act (1990 & 2007).

  • Requirement for Regularisation: If works commenced or completed were done without the proper certificate, a Regularisation Certificate must be applied for immediately.

  • Offence Notification: It is an offence to occupy a building requiring an FSC without a valid certificate (as per Article 43 of the Building Control Regulations 1992 - 2020).

Separate Buildings on Site

  • One Application per Building: Each building must have its Fire Safety Certificate.

  • Identical Buildings State: Even identical buildings constructed the same on one site require separate FSC applications.

Planning Permission and FSC Requirement

  • Independence of Applications: No planning permission does not mean exemption from needing a Fire Safety Certificate; many scenarios demand an FSC without requiring planning permission.

Key Points and Takeaways

  • Best Practices:

    • Use the BCMS wherever possible for submissions.

    • Ensure all required documentation and drawings are included.

    • Justify fees or exemptions appropriately.

    • Use accurate descriptions and terminologies regarding the certificate type.

    • Clarify any uncertainties with the local Fire Authority to avoid issues during the application process.