Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

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Application for registration

34. (1) A person may make an application to the Board to be registered in one or more than one division (in this section referred to as an “applicant”).

(2) An applicant shall—

(a) apply in writing and in such form and manner as may be specified by the Board,

(b) furnish to the Board the name, address and principal place of business of the applicant, or where the applicant is a body corporate that is a company, the name and address of the registered office of the company or in the case of an applicant that is a body corporate (other than a company) or an unincorporated body of persons, of the registered office or principal place of business of the body,

(c) where the applicant is a body corporate, furnish to the Board the names and addresses of all persons who are the directors, managers, secretary and other officers of the body corporate or who are identified by the applicant in the application as acting in such capacity and, where the affairs of the body corporate are managed by its members, all of the persons who are identified by the applicant in the application as performing functions of management in relation to the body as if those persons were a director or manager of the body corporate,

(d) if applicable, furnish to the Board the name referred to in section 42 (b),

(e) specify the division to which the application relates,

(f) furnish the items and information referred to in subsection (3) and any other information that may be requested by the Board, and

(g) pay the fee, specified by the registration body, to the Board.

(3) An applicant shall furnish in such form and manner as may be specified by the Board—

(a) evidence of fulfilment of the competence criteria in respect of the division to which the application relates,

(b) evidence of compliance with section 40 (3),

(c) evidence that the applicant holds minimum levels of indemnity specified under section 43 , and

(d) a written statement of the applicant and, in the case of an applicant referred to in subsection (2)(c) of each of the persons whose names and addresses are provided under subsection (2)(c)—

(i) confirming whether the applicant is in compliance with the provisions of the Act of 2005,

(ii) confirming whether the applicant is in compliance with the provisions of the building regulations and building control regulations,

(iii) confirming whether the applicant has within the last 10 years a conviction in the State for an offence specified in subsection (8) (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence referred to in subsection (8),

(iv) providing details of any conviction referred to in subparagraph (iii),

(v) where the applicant is a body corporate, confirming whether each of the persons referred to in subsection (2)(c) has, in an individual capacity or in a capacity as a person referred to in subsection (2)(c), within the last 10 years a conviction in the State for an offence specified in subsection (8) (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence referred to in subsection (8),

(vi) providing details of any conviction referred to in subparagraph (v),

(vii) confirming whether the applicant has within the last 10 years been the subject of an order under section 8 or 12 of the Act of 1990, and

(viii) providing details of any order referred to in subparagraph (vii).

(4) An applicant that is referred to in subsection (2)(c) who relies upon a competent person shall furnish the following to the Board:

(a) the name or names of the competent person or persons;

(b) written confirmation from the competent person that he or she consents to being relied upon as a competent person; and

(c) evidence of the qualifications or practical experience or both of the competent person to fulfil the competence criteria in the division to which the application relates.

(5) The Board may request the applicant to furnish additional documents or information and may seek independent verification of any document or information furnished by an applicant under this section.

(6) Where the Board makes a request under subsection (5) the application to which the request relates shall not be considered further until the applicant complies with the request.

(7) The Board shall acknowledge receipt of a fully completed application within a period of 30 days beginning on the date of receipt.

(8) The following are the offences referred to in subparagraphs (iii) and (v) of subsection (3)(d):

(a) an offence under the Act of 1981;

(b) the offences referred to in section 17 of the Act of 1990;

(c) an offence under the Act of 2005;

(d) an offence under the relevant environmental legislation;

(e) an offence under this Act.