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Building control legislation

Building Control Acts 1990 and 2007

These acts are the basis of building control and they allow for the establishment of building control authorities. It empowers the minister to make building regulations, make building control regulations, grant dispensations from and relaxations of requirements of the building regulations. These acts also empower the minister to prohibit the use of certain materials and to appoint a Building Regulation Advisory Body (BRAB).

The acts empower a building control authority to grant dispensations or relaxations, to serve enforcement notices, to inspect works and buildings and to seek High Court orders in relation to buildings and works. Under the Building Control Act 1990, applicants are permitted to lodge an appeal to an Bórd Pleanála in relation to building control authority decisions on applications for dispensations and relaxations and applications for fire safety certificates.

The acts also set out offences and penalties and the transition from the operation of building bye-laws and the multi-storey building act to the operation of the building control act and any regulations made.

Building Control Regulations 1997 - 2014

They outline, subject to exemptions, when commencement notices, fire safety certificates and disability access certificates are required. These regulations also outline the procedures for the building control authority in processing these applications. 

The Building Control (Amendment) Regulations 2014 amend both the Building Control (Amendment) Regulations 2009 and the Building Control Regulations 1997 and prescribe the administrative procedures in respect of the new certification measures provided under the Building Control Act 2007.

The measures provide for a:

The regulations  include a schedule of fees for such applications. The regulations also provide for the making of an appeal to An Bórd Pleanála in respect of fire safety certificates and disability access certificates. The regulations amend article 22 of the 1997 regulations to prohibit the opening, operation or occupation of a building unless a fire safety certificate/ revised fire safety certificate, a regularisation certificate or a disability access certificate/revised disability access certificate has been granted.

The relevant application forms, statutory declarations and certificates for the new provisions are specified in the third and fourth schedules to the regulations. An amended form of commencement notice is prescribed in the second schedule.

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7 day notice

Article 20A sets out the procedure for submission of a 7 day notice application to a building control authority where a person intends to commence work on the construction of a building before grant of the relevant fire safety certificate (FSC). This notice must be accompanied by a statutory declaration form which declares that the works will comply with the building regulations and that any modifications required by the fire safety certificate will be completed within the specified time. The notice must be submitted not less than 7 days in advance of commencement of work and  must be in accordance with the requirements of article 20A(2) of the regulations.

A 7 day notice application should be considered and a decision made thereon in accordance with the requirements of article 20A (3) and 20A (4) of the regulations.

The regulations amend article 12 so as to provide that a commencement notice will not be required in respect of buildings where a 7 day notice has been submitted.

Revised fire safety certificate

Article 20 B provides for a  Revised fire safety certificate (FSC) in respect of works where:

  1. An  application for a FSC is made before grant of planning permission, if required by the subsequent  permission, or
  2. Where significant revision is made to the design or works of a building for which a FSC has already been granted

An application submitted for a revised FSC must be in accordance with the requirements of article 20B (3) of the regulations. The application should be considered and a decision made thereon and notified to the applicant in accordance with the requirements of article 20B (4) to Article 20B (8) of the regulations

 

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Regularisation certificate

Article 20C sets out the requirements for a regularisation certificate where a building has been commenced or completed without a FSC where such certificate is required, or the submission of a 7 day notice. An application submitted for a regularisation certificate must be in accordance with the requirements of article 20C(2) of the regulations.

Any application for a regularisation certificate must be accompanied with a statutory declaration. This declaration states that the works comply with part B of the building regulations. It also requires the applicant to agree to an inspection by the building control authority and to carry out any additional works required by the authority.

An application for a regularisation certificate should be considered by the building control authority and a decision  made thereon and notified to the applicant in accordance with the requirements of article 20C(3 ) to  20C (9) of the regulations.

An inspection of the building by an authorised person from the building control authority is required before a decision is made on the application. A regularisation certificate may be granted by the building control authority with or without conditions, or refused.

A regularisation certificate granted under the regulations will certify that in the opinion of the authority the works as constructed in accordance with the documentation submitted comply with the  requirements of Part B of the Second Schedule to the Building Regulations 1997 to 2008. It will also state that in considering the application, no assessment has been made as to whether the works or building will comply or is in compliance, as appropriate, with the other requirements of the second schedule to the Building Regulations 1997 to 2008.

The regularisation certificate will not have effect unless any conditions (including conditions regarding the carrying out of additional works) required by the authority are carried out within a period of 4 months from the grant of the certificate.

Disability access certificate

Article 20 D sets out the requirements for a disability access certificate (DAC) which will certify compliance at design stage of certain works with the requirements of Part M of the Second Schedule to the Building Regulations 1997 to 2008. The DAC will apply to works or buildings pursuant to paragraphs (a) to (e) of article 11 (1) of part III of the regulations.

Revised disability access certificate

Article 20 E provides for a revised disability access certificate (DAC) in respect of works where significant revision is made to the design or works of a building for which a DAC has already been granted.

Building Regulations 1997 - 2013

The building regulations outline the technical requirements in the design and construction of building works. Article 3(2) of the Building Control Act 1990 identifies the provisions for which building regulations may be made. These are:

  • Securing the health, safety and welfare of people in or about buildings
  • Making provision for disabled persons
  • Providing for the conservation of fuel and energy
  • Providing for the efficient use of resources
  • Encouragement of good building practice

These regulations apply to new buildings, material alterations and extensions, material changes of use, services, fittings and equipment, and they came into effect on 1st July 1998. The second schedule of the building regulations sets out the specific requirements for buildings covering Parts A1 through to M3.

Page last reviewed: 28/02/14

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