Building Control Act , 1990

1. Interpretation.

1.—(1) In this Act—

“authorised person” has the meaning assigned to it by section 11;

“building” includes part of a building and any class or classes of structure which are prescribed by the Minister to be a building for the purposes of this Act;

F1["building control authority" has the meaning given to it by section 2(1);]

“building control regulations” means regulations made by the Minister pursuant to section 6;

“building regulations” means regulations made by the Minister pursuant to section 3;

“Building Regulations Advisory Body” means the body established pursuant to section 14;

“construction” includes the execution of works in connection with buildings and any act or operation necessary for or related to the construction, extension, alteration, repair or renewal of a building and “constructed” shall be construed accordingly;

“design” includes the preparation of plans, particulars, drawings, specifications, calculations and other expressions of purpose according to which the construction, extension, alteration, repair or renewal concerned is to be executed and “designed” shall be construed accordingly;

“enforcement notice” has the meaning assigned to it by section 8;

“fire authority” means a fire authority within the meaning of the Fire Services Act, 1981;

F2[…]

“functions” includes powers and duties;

F3["local authority" means a local authority for the purposes of theLocal Government Act 2001(as amended by the Local Government Reform Act 2014);]

“the Minister” means the Minister for the Environment;

“operative day” has the meaning assigned to it by section 22;

“prescribed” means prescribed by regulations made by the Minister;

“works” includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building.

(2)A reference in this Act to a section is to a section of this Act unless it is indicated that reference to some other enactment is intended.

(3)A reference in this Act to a subsection F4[paragraph or subparagraph] is to the subsection F4[paragraph or subparagraph] of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

(4)A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

2. Building control authorities.

2.—(1)F5[Each local authority shall be a building control authority for the purposes of this Act and references to the functional area of a building control authority shall be construed accordingly.]

(2)F6[…]

(3)F6[…]

(4)Building control authorities may make arrangements for the joint performance of any of their functions.

(5)Where it appears to the Minister that an agreement under section 59 of the Local Government Act, 1955, ought to be made between two or more building control authorities for the purpose of any of their functions, he may, after affording an opportunity to the authorities concerned to make representations to him, require those authorities to enter into such an agreement, and the Minister may direct that any such agreement shall contain such terms as he may specify and the authorities concerned shall comply with any directions given under this subsection by the Minister.

3. Building regulations.

3.—(1)The Minister may, for any of the purposes specified in subsection (2), make regulations (in this Act referred to as “building regulations”) in relation to all or any of the following—

(a)the design and construction of buildings;

(b)material alterations or extensions of buildings;

(c)the provision of services, fittings and equipment in, or in connection with, buildings;

(d)buildings as regards which any material change takes place in the purposes for which the buildings are used.

F7[(2) Building regulations may be made for all or any of the following purposes—

(a) making provision for securing the health, safety and welfare of—

(i) persons in or about buildings, and

(ii) persons who may be affected by buildings or by matters connected with buildings;

(b) making provision for the special needs of people with disabilities in relation to buildings;

(c) making provision for the conservation of fuel and energy in relation to buildings

(d) making provision for securing in relation to buildings the efficient use of resources;

(e) making provision for the encouragement of good buildingF8[practice; and

(ea) making provision for building practices that would assist in preventing or detecting crime; and]

(f) making provision for the transposition of the requirements of Directive 2002/91/EC of the European Parliament and Council of 16 December 2002 on the energy performance of buildings; and

(g) making provision for such other matters as appear to the Minister to be necessary and expedient and are specified in the regulations.]

(3)In addition to the provisions of any regulations made for the purposes of subsection (1)(d), there shall be deemed to be a material change in the purposes for which a building is used if, on or after the operative day—

(a)a building, being a building which was not originally constructed for occupation as a dwelling, or which, though so constructed, has been appropriated to other purposes, becomes used as a dwelling,

(b)a building, being a building which was originally constructed for occupation as a dwelling by one family only, becomes occupied by two or more families, or

(c)where building regulations contain special provisions in relation to buildings used for any particular purpose, a building to which the regulations apply and which was not being used for that purpose, becomes so used.

(4)Building regulations which relate to—

(a)buildings as regards which any material change takes place in the purposes for which the buildings are used, or

(b)material alterations or extensions of buildings, or

(c)the provision of services, fittings or equipment, in or in connection with, buildings,

may apply to a building, the construction of which was commenced before the operative day, in so far as such building is affected by any material change in the purposes for which such building is used or any material alteration, extension, provision of services, fittings or equipment, as the case may be, which occurs on or after the operative day and in all other cases building regulations shall, subject to section 22 (2) apply only to buildings the construction of which is commenced on or after the operative day.

(5)Subject to subsection (11) and to—

(a)any dispensation or relaxation granted under section 4 or 5, or

(b)any appeal under section 7 which has been allowed,

every building to which building regulations apply shall be designed and constructed in accordance with the provisions of such regulations.

(6)Building regulations may—

(a)prescribe standards (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to all or any of the matters specified in the First Schedule to this Act or in relation to any other matter which, in the opinion of the Minister, is relevant to the purposes for which building regulations may be made,

(b)require specified action to be taken in connection with buildings,

(c)provide for the regulation of specified actions in and about buildings,

(d)specify the manner in which construction operations are to be carried out.

(7)Building regulations may be made to any extent by reference to a document published by or on behalf of the Minister.

(8)Building regulations may specify different standards for, or make different provisions in relation to, different classes or descriptions of buildings.

(9)Before prescribing standards for any matter specified in paragraph 17 (a) of the First Schedule to this Act, the Minister shall consult with the Minister for Energy.

(10)Building regulations may contain such supplementary and incidental provisions as appear to the Minister to be necessary or expedient.

(11)Building regulations may exempt, in whole or in part, from all or any of the provisions of such regulations such classes or descriptions of buildings, services, fittings or equipment as may be specified in the regulations, including classes or descriptions of buildings, services, fittings or equipment in any area specified in the regulations.

(12)Building regulations, or any provision contained therein, may be made so as to apply generally, or as regards any area specified in the regulations, and the regulations may contain different provisions for different areas.

(13)Subject to the provisions of this Act, building regulations shall apply to buildings belonging to or in the occupation of the State other than buildings which are used as prisons or places of detention.

4. Dispensation or relaxation of building regulations.

4.—(1)Subject to the provisions of this section, a building control authority may, if it considers it reasonable having regard to all the circumstances of the case, grant a dispensation from, or a relaxation of, any requirement of building regulations in respect of buildings or works which are situated within the functional area of the building control authority and—

(a)which are designed, constructed or carried out by or on behalf of the building control authority, or

(b)in relation to which an application for such dispensation or relaxation has been submitted pursuant to subsection (2).

(2)An application for a dispensation from, or a relaxation of, any requirement of building regulations shall be made in the prescribed form, and any such application shall be accompanied by the prescribed fee (if any).

(3)Building regulations may provide that in respect of any specified requirement of the regulations, subsection (1) shall not apply.

(4)Where, within a period of two months beginning on the date of an application, or within such extended period as may at any time be agreed in writing between the applicant and the building control authority, the building control authority does not notify the applicant of the decision on the application, a decision by the building control authority to grant the dispensation or relaxation, as the case may be, shall be regarded as having been made on the last day of the period or such extended period, as the case may be.

(5)A building control authority may make a dispensation from, or a relaxation of, any requirement of building regulations granted pursuant to subsection (1) subject to such conditions (if any) as it sees fit.

5. Dispensation or relaxation in relation to specified works or material.

5.—(1)Where the Minister considers that compliance with any requirement of building regulations would be unreasonable in relation to any specified class of building operation, works or material, the Minister may, as regards such compliance, by order dispense with or relax that requirement subject to such conditions as he sees fit and specifies in the order.

(2)The Minister may by order amend or revoke an order made under this section including an order made under this subsection.

6. Building control regulations.

6.—(1)The Minister may make regulations (in this Act referred to as “building control regulations”) providing for matters of procedure, administration and control for the purposes of securing the implementation of, and compliance with, the requirements of building regulations and building control regulations may make such incidental, consequential or supplementary provisions as may appear to the Minister to be necessary or expedient.

(2)Without prejudice to the generality of subsection (1), building control regulations may make provision for all or any of the following matters—

(a)requiring—

(i)the submission to building control authorities of certificates (in this Act referred to as “certificates of compliance”) being certificates relating to compliance with the building regulations (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) prior to the commencement of, during, and after the completion of, the construction of any buildings, classes of buildings, works or classes of works, to which such building regulations apply,

(ii)in respect of a building, or buildings, of a prescribed class or classes, the submission to a building control authority of an application for a certificate (in this Act referred to as a “fire safety certificate”) that a building, if constructed in accordance with the plans, documents and information submitted, would, in the opinion of the building control authority, comply (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) with such provisions of building regulations as may be prescribed, F9[…]

(iii)in respect of the design or construction of any buildings or classes of buildings or of the carrying out of any works or classes of works to which building regulations apply, the submission to a building control authority of an application for a certificate (in this Act referred to as a “certificate of approval”) of the building control authority that in the opinion of the building control authority the design or construction of the buildings or works comply (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) with F10[the requirements of building regulations,]

F11[(iv) the submission (before grant of the relevant fire safety certificate) of a notice in writing to a building control authority (in this Act referred to as a "7 day notice") by a person who intends to commence work on the construction of a building or an extension of or a material alteration to a building, giving not less than 7 days notice of that person’s intention to carry out those works, and requiring that such notice shall be accompanied by a valid application for a fire safety certificate,

(v) the submission to a building control authority by a person who submits a 7 day notice of a statutory declaration (in this Act referred to as a "7 day notice statutory declaration") made by that person stating that the application for the relevant fire safety certificate has been completed in all respects and complies with the relevant provisions of the building control regulations, that any works that have been commenced before the grant of such certificate will comply with the building regulations and that the person will, within such period as may be specified by the building control authority, carry out any modification of such works that is required by or under the fire safety certificate, including any condition attached to it, when it is granted by the building control authority concerned,

(vi) where an application for a fire safety certificate in respect of the construction of a building or an extension of or a material alteration to a building has been submitted before planning permission has been granted in respect of such construction, extension or alteration, the submission, if required by the subsequent grant of such planning permission, of a further application to a building control authority for a fire safety certificate (in this Act referred to as a "revised fire safety certificate") for the purpose of ensuring that the revised design arising from the grant of planning permission (including any condition attached to it) complies with the provisions of building regulations relating to fire safety,

(vii) where work has been commenced or completed in respect of the construction of a building or an extension of or a material alteration to a building, and no application has been made for a fire safety certificate that is required under building control regulations for such construction, extension of or material alteration to a building, the submission to a building control authority of an application for a certificate (a "regularisation certificate") which shall be accompanied by drawings of the relevant works (as they have been constructed) and a statutory declaration from the applicant stating that such works comply with the provisions of the building regulations relating to fire safety, and enabling the authority to specify in a regularisation certificate that the regularisation certificate shall not have effect unless, within 4 months after its being granted, any conditions attached to it by the authority (including conditions as to the carrying out of additional works) are complied with,

(viii) a building control authority to inspect (before it decides whether to grant such a certificate) a building in respect of which an application has been submitted for a regularisation certificate and enabling the authority to grant, if it considers it appropriate, in its discretion, to do so, a regularisation certificate specifying that in its opinion the works, as constructed in accordance with plans, documents and information submitted with the application for the certificate, comply with the provisions of building regulations relating to fire safety, subject to compliance (within the period of 4 months there mentioned) with any conditions attached to the certificate of the kind mentioned in subparagraph (vii),

(ix) the submission to a building control authority of an application for a certificate of compliance with respect to requirements under the building regulations for provision of access to a building for persons with disabilities (a "disability access certificate") and enabling the building control authority to grant such certificate if in its opinion the design of the building or the extension of or material alteration to the building in respect of which the submission is made would comply (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) with the relevant requirements of the building regulations,

(x) the submission to a building control authority of an application for a fire safety certificate (in this Act also referred to as a "revised fire safety certificate") or a disability access certificate (in this Act referred to as a "revised disability access certificate") if significant revision is made to the design or works of a building or an extension of or a material alteration to a building in respect of which a fire safety certificate or a disability access certificate has been granted by a building control authority, and

(xi) that a new building, or an existing building in respect of which an extension or a material alteration has been made, shall not be opened, operated or occupied or permitted to be opened, operated or occupied—