Construction—Ireland—Q&A guide

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Construction—Ireland—Q&A guide
  • 1. If a foreign designer or contractor wanted to set up an operation to pursue the local market, what are the key concerns they should consider before taking such a step?
  • 2. Must foreign designers and contractors be licensed locally to work and, if so, what are the consequences of working without a licence?
  • 3. Do local laws provide any advantage to domestic contractors in competition with foreign contractors?
  • 4. What legal protections exist to ensure fair and open competition to secure contracts with public entities, and to prevent bid rigging or other anticompetitive behaviour?
  • 5. If a contractor has illegally obtained the award of a contract, for example by bribery, will the contract be enforceable? Are bribe-givers and bribe-takers prosecuted and, if so, what are the penalties they face? Are facilitation payments allowable under local law?
  • 6. Under local law, must employees of the project team members report suspicion or knowledge of bribery of government employees and, if so, what are the penalties for failure to report?
  • 7. Is the making of political contributions part of doing business? If so, are there laws that restrict the ability of contractors or design professionals to work for public agencies because of their financial support for political candidates or parties?
  • 8. Is a construction manager or other construction professional acting as a public entity’s representative or agent on a project (and its employees) subject to the same anti-corruption and compliance rules as government employees?
  • 9. Are there any other important legal issues that may present obstacles to a foreign contractor attempting to do business in your jurisdiction?
  • More...

Construction—Ireland—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to construction in Ireland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2021).

Authors: Matheson—Rhona Henry; Kimberley Masuda; Nicola Dunleavy

1. If a foreign designer or contractor wanted to set up an operation to pursue the local market, what are the key concerns they should consider before taking such a step?

In Ireland, there is a mandatory system of certification of building construction, which was introduced by the Building Control (Amendment) Regulations 2014 (BCAR). This system is intended to provide a level of assurance that a building is built in accordance with the Building Regulations 1997–2019 (the Building Regulations). There are a number of certificates that may be required in relation to any part or installation in a building, including a Certificate of Compliance on Completion confirming the building works comply with the Building Regulations.

If BCAR applies to a project, a commencement notice (ie, a notification to a Building Control Authority) that a person intends to carry out works will have to be issued no fewer than 14 days and no more than 28 days prior to works commencing on site.

In addition, there are numerous categories of developments listed in the Building Regulations that will require a fire safety certificate and a disability access certificate, and these include works

Popular documents