Construction & Engineering
SUSTAINABILITY
Energy Performance of Buildings
Energy Performance of Buildings Directive - Building Regulations - Technical Guidance
The Department of Housing, Local Government and Heritage is consulting until 3 February 2025 on a review of Technical Guidance Document L (Conservation of Fuel and Energy) Dwellings, and Technical Guidance Document F (Ventilation). The Department indicates that Ireland carries out cost-optimal calculations every five years to set the energy performance requirements in Building Regulations. In order to achieve the 2023 Cost Optimal requirement for major renovations it is intended to implement the performance requirements of a BER of "A3" or cost optimal equivalent works for major renovations to existing dwellings through amendments to the guidance. Information on the consultation is available here.
Recast Energy Performance of Buildings Directive - Regulations
The European Union (Energy Performance of Buildings) Regulations 2024 bring forward by a year (to 31 December 2024) the requirement that an existing building (other than a dwelling) shall (before 31 December 2024) where technically and economically feasible, be equipped with a building automation and control system if: (i) the effective rated output for heating systems or systems for combined space heating and ventilation in the building is over 290kW, or (ii) the effective rated output for systems for air-conditioning or systems for combined air-conditioning and ventilation in the building is over 290kW. The meaning of building automation and control system for these purposes is also set out.
Recast Energy Performance of Buildings Directive – Smart Readiness Indicator
The Smart Readiness Indicator is an initiative intended to measure a building’s ability to use smart technologies to enhance its energy efficiency and respond to environmental signals. The Commission announced that 15 Member States have now launched test phases to trial the Indicator. Further information is available here.
Construction Products Regulation
The revised Construction Products Regulation has been approved by the Council. The Regulation provides harmonised rules on the placing or making available on the market of construction products. This update to the Regulation is intended to improve its effectiveness and align it with the EU Green Deal, for example by laying down rules for declaring the environmental and sustainability performance of construction products.
The Commission will be empowered to adopt implementing acts specifying minimum mandatory environmental sustainability requirements for public procurement of construction products, in order to incentivise the supply and demand for environmentally sustainable products. Once the Regulation is published in the Official Journal of the EU, it will enter into force 20 days later. Further information on the new Construction Products Regulation is available here.
Renovating Europe’s Buildings
An alert on funding opportunities to support sustainable development is made available by the European Committee of the Regions. The latest alert (and page to sign up for alerts) is available here. It includes reference to a handbook on how to accelerate renovation in Europe's buildings and strengthen collaboration, particularly through public-private partnerships.
Gas Boilers
Commission Implementing Decision (EU) 2024/2909 on harmonised standards for gas boilers is in force. It publishes certain standards of boilers that have been assessed to meet requirements flowing from the Ecodesign Directive.
Products made with Forced Labour
Regulation (EU) 2024/3015 on prohibiting products made with forced labour is in force. Certain provisions apply from 13 December 2024 and the remainder apply from 14 December 2027. It lays down rules prohibiting economic operators from placing and making available on the EU market or exporting from the EU market products made with forced labour.
HEALTH AND SAFETY
Knowledge of Injury
Kepa v Noonan Services Group Ltd [2024] IEHC 659 is a helpful reminder of some of the principles in litigation involving injuries at work. The plaintiff/employee contracted dermatitis in the course of employment. The issue arose as to whether the claim was brought within two years from the date of knowledge of the injured person, as required by the Statute of Limitations. The plaintiff’s condition had begun more than two years before her claim, and gradually worsened.
The Court found that the claim was within time, based on the claimant’s date of knowledge that the injury was significant. Establishing the plaintiff’s date of knowledge that the injury was significant required consideration of: (a) a subjective element: what was the state of mind of the plaintiff at the particular time in terms of the significance of the injury, and (b) an objective element: ought the particular plaintiff at the particular time reasonably to have sought medical or other expert advice having regard to the symptoms from which they were suffering and the other circumstances in which they then found themself. The plaintiff had not been aware of the significance of her injury before the relevant date, and the evidence did not justify a determination that the plaintiff, before the relevant time, ought reasonably to have sought medical advice.
STANDARD FORM CONTRACTS
Public Works Contracts
The Office of Government Procurement published amended template documents for the procurement of Works Contractors. It indicates that the amendments are made to improve formatting, streamline documents, and ensure compliance with EU regulations. Further information is available here.
The Office of Government Procurement announced that Agreed Rules of Measurement version 5 (ARM 5) are now effective. From 27 November 2024, public sector clients starting a building project at Stage 1 of the Capital Works Management Framework may use ARM 5 in the preparation of Bills of Quantities / Pricing documents but, from 1 January 2025, they must be used. Further information is available here.
The Office of Government Procurement also announced that the Civil Engineering Standard Method of Measurement 4th edition (CESMM 4) is to be used for the preparation of Bills of Quantities / Pricing Documents on civil engineering projects. Further information is available here.
PRACTICE TIPS
Execution of Deeds
The COVID-19 ‘interim fix’, which allowed company seals to be affixed to a separate page to the counter-signatures, has been reinstated in legislation and is available again for use.
Further information is available in our briefing here: Execution of Documents under Seal: 'Interim fix' to be reinstated on a permanent basis from 3 December 2024
FOREIGN INVESTMENT
Screening of Third Country Transactions
It is anticipated that the Screening of third Country Transactions Act 2023 will commence in early January 2025. The DETE announcement is available here. DETE has now published updated guidance.
As previously mentioned, the Act sets out a framework to enable the Minister for Enterprise, Trade and Employment to review transactions involving foreign investment that may impact on security or public order in Ireland. The Act covers any transaction, acquisition, agreement or other economic activity resulting in a change of control of an asset in Ireland or the acquisition of all or part of any interest in an undertaking in Ireland. Such transactions are notifiable if they meet several criteria, one of which is that the transaction relates to, or impacts upon, a relevant matter. Relevant matters include critical infrastructure (including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure and sensitive facilities, including the land/real estate used crucial for the use of such infrastructure), as well as supply of critical inputs (including energy or raw materials).
Parties to a notifiable transaction are required to submit a notification to the Minister at least 10 days prior to the completion of the transaction. For further information, our briefing on the Act is available here: An Overview of the Upcoming Foreign Investment Screening Regime in Ireland