Building Control Act 1990

Powers of inspection by authorised persons.

11

11. (1) In this section “ authorised person” means a person authorised for the purposes of this Act by a building control authority or by the Minister, or by An Bord Pleanála, as the case may be.

(2) Subject to subsection (7), any authorised person shall be entitled to enter at all reasonable times into any land (subject to his producing, if so required, his authority in writing as such person) and thereon inspect for the purposes of this Act any building, and any plans or documents relating to such building.

(3) Any authorised person may—

( a) inspect any building—

(i) following its completion, or

(ii) during its construction, alteration or extension, or

(iii) during the installation therein of any fittings, services or equipment to which building regulations apply, or

(iv) in respect of which any material change takes place in the purposes for which such building is used;

( b) require to be informed by the owner or occupier of such a building, or by any person responsible for the construction of such a building, or by any of the aforementioned persons, to the extent that such persons have knowledge of the matters in question, as to the purpose for which the building, or any part thereof, has been, is being, or will be, used, the number of persons who are, or will be, employed or accommodated therein or who resort or will resort thereto, the substance of which any such building or any part of such building is constructed, and the method of construction employed and as to any other matter which the authorised person considers to be relevant;

( c) require the owner or occupier of the building, or any person responsible for the construction of the building, to provide such plans, documents and information as are necessary to establish whether the requirements of building regulations are being complied with in relation to the building;

( d) be permitted to take such samples of the materials used in the carrying out of any construction work or take such other action in relation to such construction work as may be necessary to establish whether the requirements of building regulations are being complied with in relation to the building.

(4) An authorised person shall be entitled to be assisted by such persons, and to bring with him such equipment, as he considers necessary to enable him to exercise his powers under this section.

(5) Any person who—

( a) refuses to allow an authorised person to enter any land or building or to take any person or equipment with him in the exercise of his powers under this section, or

( b) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him by this section, or

( c) wilfully or recklessly gives, either to an authorised person or to a building control authority, information which is false or misleading in a material respect, or

( d) fails to comply with any requirement of this section,

shall be guilty of an offence.

(6) Where an authorised person is prevented from exercising his power of entry into any land or building in the exercise of his powers under this section, the building control authority concerned may apply to the District Court for a warrant authorising such entry.

(7) Nothing in this section shall empower an authorised person to enter into, or to inspect any plans or documents relating to, any land or building which is—

( a) a prison or place of detention, or

( b) in the occupation of the Garda Síochána or the Defence Forces.