Construction and Engineering
Legislation
BUILDING CONTROL
The Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025, which has not yet been commenced, includes amendments to sections 3, 6-8, and 10-12 of The Building Control Act 1990.
The amendments provide:
- for the Building Control Acts to be cited as the Building Control Acts 1990 to 2025,
- power to make regulations requiring the provision of information on products, materials or systems used or installed in, or in connection with, buildings or works,
- changes to the names of certain certificates. For example, “fire safety certificates” become “fire safety design certificates”. “Disability access certificates” become “access and use design certificates”,
- for a regularisation process where works were commenced or completed without submission of a valid notice to the building control authority (including provision for regularisation certificates of compliance on completion, and forms of regularisation notices and regularisation notice statutory declarations),
- an additional requirement that may be specified in enforcement notices, namely for a person to cut into or lay open any such building or works insofar only as may be necessary to allow the building control authority to ascertain that the building regulations have been complied with in relation to the building or works the subject of the notice,
- a process for building control authorities to withdraw enforcement notices upon request, and
- a power for authorised persons to issue a warning in relation to any requirement of building regulations or building control regulations. It must specify the provision and state that the recipient may, not later than four weeks from the date of the warning, make observations in writing to the authorised person regarding the matters to which the warning relates.
We also note that online assessment for Commencement Notices now includes questions on “Main Method of Construction” and “Main Construction Material”. Guidance is available here: Modern Methods of Construction (MMC) for Commencement Notices.
Standard form contracts
JCT
In the UK, the Supreme Court in Providence Building Services Ltd v Hexagon Housing Association Ltd [2026] UKSC 1 overturned the Court of Appeal’s previous decision regarding Contractor termination of a Contract. The form of contract was the JCT Design and Build Contract, 2016 edition, with a schedule of amendments. Clause 8.9.3 provided that, if “a specified default … continues for 28 days from the receipt of notice under clause 8.9.1 or 8.9.2, the Contractor may … by a further notice to the Employer terminate the Contractor’s employment under this Contract.” Clause 8.9.4 provided for termination in the case of a repetition of a specified default.
The Employer missed a payment and the Contractor served notice under clause 8.9.1. The Employer made the payment 14 days late, which meant that the Contractor had not accrued a right to terminate clause 8.9.3 because the specified default had not continued for 28 days. When the Employer missed a further payment, the Contractor attempted to terminate the Contract under Clause 8.9.4 on the basis that the Employer had repeated a specified default.
The Supreme Court ruled in favour of the Employer. It confirmed that a Contractor must have accrued a right to terminate under Clause 8.9.3 before Clause 8.9.4 applies. The Contractor had not been entitled to terminate under clause 8.9.4 because there had not been any previously accrued right to terminate under clause 8.9.3.
Housing
ENABLING INFRASTRUCTURE
A call for projects is open to local authorities and the Land Development Agency until 27 February 2026 for funding from the Housing Infrastructure Investment Fund. The Fund is intended to allocate €1 billion over five years to boost the delivery of public infrastructure projects for housing sites.
RESIDENTIAL DEVELOPMENTS
Dublin City Council announced plans to seek partnership development opportunities through Development Agreements with developers and landowners to deliver large-scale mixed-tenure residential developments.
Sustainability
DECARBONISING HOUSING
Approval was given for an EIB facility of €6 billion to accelerate investment for vulnerable households to decarbonise in sectors covered by the EU Emissions Trading System 2 (“ETS 2”), which includes buildings. Further information is available here: Unlocking €3 billion for investment opportunities in the decarbonisation of buildings and road transport.
In Ireland, a National Residential Retrofit Plan and information on SEAI grant supports has been published.
OIREACHTAS REPORT
The Oireachtas Joint Committee on Climate, Environment and Energy published a report on barriers to achieving climate targets (2026-30). It identifies four barriers in the construction sector, including a need to reform processes around standards to ensure quicker take-up of emerging low-carbon materials and bio-based materials.
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