Building Control Act 1990


Number 3 of 1990


BUILDING CONTROL ACT 1990

REVISED

Updated to 28 November 2017


This Revised Act is an administrative consolidation of the Building Control Act 1990. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Legal Metrology (Measuring Instruments) Act 2017 (31/2017), enacted 28 November 2017, and all statutory instruments up to and including Building Regulations (Part L Amendment) Regulations 2017 (S.I. No. 538 of 2017), made 28 November 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 3 of 1990


BUILDING CONTROL ACT 1990

REVISED

Updated to 28 November 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Building Control Acts 1990 to 2014 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Local Government Reform Act 2014, s. 1(7)). The Acts in the group are:

Building Control Act 1990 (3/1990)

Building Control Act 2007 (21/2007)

Local Government Reform Act 2014 (1/2014), ss. 1(7), 5(5) and sch. 2 part 3 (in so far as it relates to the Building Control Act 1990)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1989, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Local Government Reform Act 2014 (1/2014)

Water Services (No. 2) Act 2013 (50/2013)

Multi Unit Developments Act 2011 (2/2011)

Prisons Act 2007 (10/2007)

Building Control Act 2007 (21/2007)

Local Government Act 2001 (37/2001)

Local Government (Dublin) Act 1993 (31/1993)

All Acts up to and including Legal Metrology (Measuring Instruments) Act 2017 (31/2017), enacted 28 November 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Building Regulations (Part L Amendment) Regulations 2017 (S.I. No. 538 of 2017)

Building Regulations (Part B Amendment) Regulations 2017 (S.I. No. 57 of 2017)

Building Regulations (Amendment) Regulations 2017 (S.I. No. 4 of 2017)

Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015)

Building Control (Amendment) Regulations 2015 (S.I. No. 243 of 2015)

Building Regulations (Part E Amendment) Regulations 2014 (S.I. No. 606 of 2014)

Building Regulations (Part K Amendment) Regulations 2014 (S.I. No. 180 of 2014)

Building Regulations (Part J Amendment) Regulations 2014 (S.I. No. 133 of 2014)

Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014)

Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014)

Building Regulations (Part D Amendment) Regulations 2013 (S.I. No. 224 of 2013)

Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013)

Building Regulations (Part L Amendment) Regulations 2011 (S.I. No. 259 of 2011)

Building Regulations (Part H Amendment) Regulations 2010 (S.I. No. 561 of 2010)

Building Regulations (Part M Amendment) Regulations 2010 (S.I. No. 513 of 2010)

Building Regulations (Part F Amendment) Regulations 2009 (S.I. No. 556 of 2009)

Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009)

Building Regulations (Part G Amendment) Regulations 2008 (S.I. No. 335 of 2008)

Building Regulations (Part L Amendment) Regulations 2008 (S.I. No. 259 of 2008)

Building Regulations (Amendment) Regulations 2007 (S.I. No. 854 of 2007)

Building Regulations Advisory Body Order 2002 (Amendment) Order 2006 (S.I. No. 503 of 2006)

Building Regulations (Amendment) Regulations 2006 (S.I. No. 115 of 2006)

Building Regulations (Amendment) Regulations 2005 (S.I. No. 873 of 2005)

European Communities (Energy Performance of Buildings) Regulations 2005 (S.I. No. 872 of 2005)

Building Regulations Advisory Body Order 2002 (Amendment) Order 2004 (S.I. No. 697 of 2004)

Building Control (Amendment) Regulations 2004 (S.I. No. 85 of 2004)

Building Regulations Advisory Body Order 2002 (Amendment) Order 2003 (S.I. No. 62 of 2003)

Building Regulations (Amendment) (No.2) Regulations 2002 (S.I. No. 581 of 2002)

Building Regulations (Amendment) Regulations 2002 (S.I. No. 284 of 2002)

Building Regulations Advisory Body Order 2002 (S.I. No. 2 of 2002)

Building Regulations (Amendment) (No. 3) Regulations 2000 (S.I. No. 441 of 2000)

Building Regulations (Amendment) (No.2) Regulations 2000 (S.I. No. 249 of 2000)

Building Regulations (Amendment) Regulations 2000 (S.I. No. 179 of 2000)

Building Control (Amendment) Regulations 2000 (S.I. No. 10 of 2000)

Building Regulations Advisory Body Order 1998 (Amendment) Order 1999 (S.I. No. 318 of 1999)

Building Regulations Advisory Body Order 1998 (S.I. No. 348 of 1998)

Building Regulations 1997 (S.I. No. 497 of 1997)

Building Control Regulations 1997 (S.I. No. 496 of 1997)

Building Regulations Advisory Body Order 1995 (Amendment) Order 1997 (S.I. No. 200 of 1997)

Building Regulations Advisory Body Order 1995 (Amendment) Order 1996 (S.I. No. 133 of 1996)

Building Regulations Advisory Body Order 1995 (S.I. No. 190 of 1995)

Building Regulations (Amendment) Regulations 1994 (S.I. No. 154 of 1994)

Building Control (Amendment) Regulations 1994 (S.I. No. 153 of 1994)

Building Control (Amendment) Regulations 1993 (S.I. No. 190 of 1993)

Building Control Act 1990 (Fees) (Amendment) Regulations 1992 (S.I. No. 182 of 1992)

Building Regulations Advisory Body Order 1992 (S.I. No. 113 of 1992)

Building Control Act 1990 (Fees) Regulations 1992 (S.I. No. 112 of 1992)

Building Control Act 1990 (Appeals) Regulations 1992 (S.I. No. 111 of 1992)

Building Control Regulations 1991 (S.I. No. 306 of 1991)

Building Regulations 1991 (S.I. No. 305 of 1991)

Building Control Act, 1990 (Commencement) Order 1991 (S.I. No. 304 of 1991)

All statutory instruments up to and including Building Regulations (Part L Amendment) Regulations 2017 (S.I. No. 538 of 2017), made 28 November 2017, were considered in the preparation of this revision.


Number 3 of 1990


BUILDING CONTROL ACT 1990

REVISED

Updated to 28 November 2017


ARRANGEMENT OF SECTIONS


Acts Referred to

Arbitration Act, 1954

1954, No. 26

Companies Acts, 1963 to 1986

Criminal Procedure Act, 1967

1967, No. 12

Dublin Corporation Act, 1890

1890, c. 246

Factories Act, 1955

1955, No. 10

Fire Services Act, 1981

1981, No. 30

Local Government Act, 1955

1955, No. 9

Local Government (Multi-Storey Buildings) Act, 1988

1988, No. 29

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Local Government (Planning and Development) Acts, 1963 to 1983

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Public Health (Ireland) Act, 1878

1878, c. 52

Public Health Acts (Amendment) Act, 1890

1890, c. 59


Number 3 of 1990


BUILDING CONTROL ACT 1990

REVISED

Updated to 28 November 2017


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF BUILDING CONTROL AUTHORITIES AND THE MAKING OF BUILDING REGULATIONS AND BUILDING CONTROL REGULATIONS AND TO PROVIDE FOR MATTERS RELATING TO THE CONSTRUCTION OF BUILDINGS AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [21 st March, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act restricted (1.05.2007) by Prisons Act 2007 (10/2007), s. 28(1)(b), S.I. No. 180 of 2007.

Exemptions, etc., relating to development.

28.— (1) A development—

(a) is an exempted development for the purposes of the Planning and Development Acts 2000 to 2006,

(b) is not subject to— ...

(iv) the Building Control Act 1990 and regulations thereunder,

...

Editorial Notes:

E1

Primary responsibility in relation to the Act was conferred on the Minister for the Environment, Community and Local Government by Local Government Act 2001 (37/2001), s. 63(2)(a)(i) and sch. 12 part 1 as substituted (31.12.2007) by Water Services Act 2007, s. 115, S.I. No. 846 of 2007.