Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Competence criteria

28. (1) The Board shall determine the criteria of specific knowledge, skill and expertise required of a provider of building works to carry out works in order to become, or as the case may be, remain eligible for registration in each division (in this section referred to as the “competence criteria”).

(2) A determination under subsection (1) shall take into account the requirements of each of the following as they apply to each category of works for which a division has been prescribed under section 27 (1):

(a) the building regulations, including any technical guidance documents for the time being published by the Minister in accordance with those regulations;

(b) the building control regulations, including the code known as the Code of Practice for Inspecting and Certifying Buildings and Works for the time being published by the Minister in accordance with those regulations;

(c) the Act of 2005;

(d) regulations relating to construction for the time being in force under section 58 of the Act of 2005;

(e) the Planning and Development Act 2000 ;

(f) the relevant environmental legislation;

(g) construction products regulations;

(h) specifications, standard specifications, Irish standard specifications or other document published for the time being by the National Standards Authority of Ireland and other standard specifications relevant to the provision of works.

(3) A determination of the Board under subsection (1) shall be submitted to the Minister for approval.

(4) The Minister may approve, or approve subject to modifications, the competence criteria and, when the competence criteria have been so approved, they shall apply and have effect.

(5) Subject to section 11, the Board shall determine the order in which a determination under subsection (1) is carried out in relation to each division.

(6) A determination under subsection (1) shall be carried in relation to each division at intervals not exceeding 5 years following the first determination and, subject to subsections (3) and (4), the competence criteria may be amended following any such determination.

(7) The competence criteria shall be made available to members of the public by the registration body on a website maintained by or on behalf of the body.

(8) For the purpose of performing their respective functions under this section, the Minister or the Board may consult with—

(a) Quality and Qualifications Ireland,

(b) An tSeirbhís Oideachais Leanúnaigh agus Scileanna (SOLAS),

(c) National Standards Authority of Ireland,

(d) the Higher Education Authority,

(e) Skillnet Ireland,

(f) Sustainable Energy Authority of Ireland,

(g) a provider of an education and training programme,

(h) representatives of registered construction professionals, and

(i) such other persons or bodies as the Board or Minister sees fit.