Building Control Act 1990

Penalties.

17

17. (1) A person guilty of an offence under this Act (other than an offence to which subsection (2) applies) shall be liable on summary conviction to a fine not exceeding F23 [ 5,000 ] or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both the fine and the imprisonment and, if the offence is continued on after conviction, such person shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding F23 [ 500 ] in respect of each day on which the offence is continued.

(2) A person guilty of an offence by reason of a contravention of section 3 (5) or 8 (6) or of an offence in contravention of building control regulations which is declared by such regulations to be an offence to which this subsection applies, shall be liable—

( a) on summary conviction to a fine not exceeding F23 [ 5,000 ], or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment and, if the offence is carried on after conviction, such person shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding F23 [ 500 ] per day in respect of each day on which the offence is continued, or

( b) on conviction on indictment, to a fine not exceeding F23 [ 50,000 ] or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both the fine and the imprisonment.

(3) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which subsection (2) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (2)(a), and the reference in subsection (2) ( a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(4) Where an offence under this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of the offence.

(5) Summary proceedings for an offence F23 [ under this Act ] may be brought and prosecuted by the building control authority for the functional area in which the offence is alleged to have been committed.

(6) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within twelve months after the date of the discovery of the offence but not later than five years after the date of the completion of any building or works in respect of which the offence is alleged to have been committed.

(7) Any person who is convicted of an offence under this Act may, at the discretion of the court, be disqualified from signing and submitting certificates of compliance with building regulations for a period—

( a) not exceeding two years from the date of conviction, if the offence is an offence to which subsection (1) or (2) (a) applies, or

( b) not exceeding ten years from the date of conviction, if the offence is an offence to which subsection (2) (b) applies,

and, accordingly, a building control authority shall not accept certificates for registration which are signed by a person while so disqualified.

Annotations:

Amendments:

F23

Substituted (1.03.2008) by Building Control Act 2007 (21/2007), s. 11, S.I. No. 50 of 2008.

Modifications (not altering text):

C5

Time period in subs. (6) construed by Planning and Development Act 2000 (30/2000), s. 251A(1), as inserted (29.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 9, S.I. No. 100 of 2020, for temporary period initially ceased (20.04.2020) by S.I. No. 129 of 2020, secondly ceased (9.05.2020) by S.I. No. 131 of 2020, and further ceased (23.05.2020) by S.I. No. 165 of 2020.

[Calculation of time limits during emergency

251A. (1) Where calculating any appropriate period, specified period or other time limit referred to in the following Acts or provisions, or in any regulations made under those Acts or provisions, the period referred to in subsection (2) shall be disregarded:

(a) sections 4(4), 6 and 17(6) of the Building Control Act 1990;

...

(2) The period to be disregarded under subsection (1) is the period beginning on the date section 9 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 comes into operation and, subject to subsection (6), ending on the date that shall be specified by order under subsection (3) or that may be specified by order under subsection (4).

... ]

Editorial Notes:

E73

Power pursuant to section exercised (17.12.2018) by Building Control (Amendment) Regulations 2018 (S.I. No. 526 of 2018), in effect as per reg. 2.

E74

Power pursuant to section exercised (1.09.2015) by Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015), in effect as per reg. 2.

E75

Power pursuant to section exercised (1.03.2014) by Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014), in effect as per reg. 2.

E76

Power pursuant to section exercised (1.03.2014) by Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), in effect as per reg. 2.

E77

Power pursuant to section exercised (1.03.2014) by Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013), in effect as per reg. 2.