S.I. No. 128/2004 - Housing (Floor Area Compliance Certificate Inspection) Regulations 2004

The Minister for the Environment, Heritage and Local Government, in exercise of the power conferred on him by the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), as amended by sections 72 and 73 of the Finance Act 2004 (No. 8 of 2004), hereby makes the following Regulations:

1.  These Regulations may be cited as the Housing (Floor Area Compliance Certificate Inspection) Regulations 2004.

2.  (1)  In these Regulations, any reference to an article is a reference to an article of these Regulations and any reference to a sub-article is a reference to a sub-article of the article in which the reference occurs.

(2)  In these Regulations—

“house” has the meaning given to it by the Housing (Miscellaneous Provisions) Act 1979 (No. 27 of 1979);

“the Minister” means the Minister for the Environment, Heritage and Local Government;

“the Act” means the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), as amended;

“Building Regulations” means the Building Regulations 1991 ( S.I. No. 306 of 1991 ), including any amendments thereto;

3.  These Regulations, other than articles 6 and 7, shall apply to the issuing by the Minister of floor area compliance certificates under section 91A of the Act as respects instruments executed on or after 1 April 2004.

4. (a)  For the purposes of section 91A(1)(b)(i)(I) of the Act, the total floor area of a house is its gross floor area measured inside the finished external walls including the areas specified in sub-article (b) and excluding the areas specified in sub-article (c).

(b)  The following shall be included in calculating the total floor area of the house:

(i) all internal walls, partitions, chimney breasts and the stairwell on each floor;

(ii) all areas within the external walls which are capable of being converted into habitable space, even if there is not direct access from them to the dwelling, irrespective of their state of finish;

(iii) areas that could be described as “utility room”, “workshop”, “lobby”, “store” or “office”;

(iv) areas behind mock walls or partitions where sufficient height exists to provide a room;

(v)  areas where flooring has been temporarily omitted;

(vi) closed glazed porches or conservatories; and;

(vii) any rooms or areas of rooms which do not meet the required ceiling heights.

(c)  The following areas shall be excluded in calculating the total floor area of the house:

(i)  fully detached garages, carports and outoffices;

(ii) a garage (or carport) attached to or forming part of the house, providing it:

(I)    is suitable for use as a garage and not intended or designed, having regard to the layout and finish of the garage and the house, to be further developed as part of the habitable area of the house;

(II)   complies with the fire safety standards required by the Building Regulations;

(III)  has provision for not more than two windows;

(IV)  does not have a fireplace opening, or is not capable of having a fireplace; and;

(V)   has a vehicular entrance normally from the front except where a front entrance is not possible due to the restricted nature of the site or special design or other considerations;

(iii)  an attic where no development works, such as stud partitioning or fixed stairway, have been carried out and which is not intended or designed, having regard to its layout and finish, to be further developed as part of the habitable area of the house (provided that it may, however, be floored for storage purposes and have not more than three windows or roof-lights);

(iv) a basement where no development works, other than those which are strictly necessary to secure the structural stability of the house, have been carried out and which is not intended or designed, having regard to its layout and finish, to be further developed as part of the habitable area of the house;

(v) a boiler house/fuel store with external access only and a floor area of not more than 4 square metres;

(vi) small open porches; and

(vii) common areas in multi-dwelling buildings.

5.  For the purposes of section 91A(1)(b)(i)(II) of the Act the house shall comply with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this article in relation to standards of construction of houses and with the requirements of the Building Regulations.

6.  For the purposes of section 92(4)(a) of the Act, the total floor area of a house is to be measured in accordance with article 4.

7.  For the purposes of section 92(4)(b) of the Act, a certificate referred to in section 92(1)(b)(ia) of the Act shall be signed by a qualified architect, engineer or surveyor.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations provide for the manner of measurement of floor area and the quality standards to be applied to new housing for eligibility for stamp duty concessions under the Stamp Duties Consolidation Act 1999 .