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Buachaill, Lawyer
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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My question relates to Irish Building Control Legislation. What

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My question relates to Irish Building Control Legislation.
What works can a developer legitimately commence/carry out prior to the serving of a commencement notice. I understand it is permissible to carry out 'enabeling' works.
If so, could define what might constitute enabeling works.
1. "Enabling works" are works preparatory to the commencement of works pursuant to planning permission or emergency or necessitated works to prevent the building falling or falling into a state of disrepair. The most common enabling works are knocking in an entrance in an exterior wall or, or putting up supports for a building facade which has to be retained. However, you need to issue a commencement notice if you are starting works pursuant to planning permission. Be aware that it is also important to serve a commencement notice in order to get the benefit of any insurance policy taken out in relation to the works. Accordingly, if you are a builder, you should always serve a commencement notice before arriving on site. Otherwise, if an accident occurs, you may not be covered. Best practice is that the architect normally issues a Commencement Notice before inviting the builder onto site.
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