The Minister for Housing, Local Government and Heritage published the Building Control (Amendment) Regulations 2025 on 4 March 2025 (the Regulations).

What do you need to know?

When will the Regulations take effect?

The Regulations will come into operation on 1 May 2025. The aim is to coincide with the coming into effect of the Building Regulations (Part B Amendment) Regulations 2024 (which are linked to fire safety).

To what will the Regulations apply?

The Regulations sit within an overall framework of building control /building regulations that apply to the design and construction of a new building (including a dwelling) or an extension to a new building.

The Regulations amend the principal Building Control Regulations 1997 (the Principal Regulations) to align with the Building Regulations 1997 as amended by the Building Regulations (Part B Amendment) Regulations 2024 (the 2024 Regulations).

The 2024 Regulations had updated fire safety requirements for non-dwelling houses.  These included means of alert in the case of fire, measures to reduce the spread of fire on the face of buildings, and requirements to provide information to building owners regarding fire safety systems installed on completion of works.

The Regulations expands existing requirements to include the following:

• to lodge a commencement notice: a commencement notice will be necessary for a material alteration to a storage building, where a fire safety certificate is not required;
• to obtain a fire safety certificate: a fire safety certificate will be necessary for
  • a material alteration to a storage building, where the building is being subdivided, or additional floor area is being provided within the building; and
  • a material change of use relating to an industrial building (whether normal hazard or high hazard) or storage building (whether normal hazard, or high hazard)

• to obtain a disability access certificate: a disability access certificate will now be necessary for storage buildings, where the building is being subdivided, or additional floor area is being provided within the building. We have written previously about the changing requirements relating to accessibility in the context of building control at Changing Rooms, Changing Times? New Accessibility Requirements under the Building Regulations].

The Regulations introduce a revised definition of “material change of use”, which now means:

• a change of use, deemed by section 3(3) of the Building Control Act 1991 to be a material change of use, takes place, or
• a building which was not being used as any of the following and then becomes so used:
  • a day centre;
  • a hotel, hostel or guest building;
  • an industrial building – normal hazard;
  • a care facility building;
  • an office (which is not ancillary to the primary use of the building);
  • a place of assembly;
  • a shop (which is not ancillary to the primary use of the building;
  • a shopping centre;
  • an industrial building – high hazard, becomes so used, or
  • a storage building – high hazard, becomes so used, or

The definitions of “industrial building” under the Principal Regulations are now split into two categories:

• “industrial building – high hazard” an industrial building—
  • the contents of which, when ignited, are likely to cause the rapid spread of fire, smoke or fumes and which contents may be solid, liquid, or gaseous and may also be present as dust, spray, mist or vapour;
  • that contains highly flammable or explosive materials
  • that contains areas which, due to their function, may present a greater risk of fire occurring and developing than elsewhere such as manufacturing processes handling highly flammable liquids, or
  • used for manufacturing, processing, repairing, cleaning, washing, breaking up or otherwise treating any hazardous substance;

• “industrial building – normal hazard” means an industrial building other than an industrial building – high hazard.

The Regulations have also introduced some new definitions, including the inclusion of “care facility building”, now defined as including a hospital, nursing home, home for older people or for children, school, or other similar establishment used as living accommodation, or for the treatment, care or support of people with illness, mental health difficulties, or disabilities, where such people sleep on the premises. This has replaced the reference in the Principal Regulations to “an industrial building”.

There is also a revised definition of “place of assembly” which now includes:

• a theatre, public library, hall or other building of public resort used for social or recreational purposes;
• a non-residential school or other educational establishment;
• a place of public worship;
• a public house, restaurant or similar premises used for the sale to members of the public of food or drink for consumption on the premises;
• a sports pavilion, stadium, grandstand, or other audience or spectator facilities, an
• a terminus, station or other facility for air, rail, road or sea travel,

However, the Regulations clarify that no building shall be treated as a place of assembly solely because it is a building to which members of the public are occasionally admitted.

Contact Us

Property owners, contracting authorities, contractors, designers, and project, asset and facilities managers must carefully consider designing, constructing and managing works and buildings to comply with the technical and legal requirements of the Regulations. For more information or advice on how the Regulations will impact infrastructure projects and construction contracts, please contact Cassandra Byrne, Jarleth Heneghan, Liam McCabe or your usual William Fry contact.