Building Control Act 1990

Transitional.

22

22. (1) No further bye-laws shall be made under section 41 of the Public Health (Ireland) Act, 1878 (other than under paragraph (1) of that section), section 23 of the Public Health Acts (Amendment) Act, 1890 (other than under the last paragraph of subsection (1) of that section), and section 33 of the Dublin Corporation Act, 1890, relating to any matter which is the subject matter of this Act.

(2) Any bye-law to which subsection (1) relates and which is in force on the operative day shall continue to apply in relation to—

( a) any plans which, in accordance with such bye-laws, were deposited before the operative day,

( b) any works carried out in accordance with plans which were so deposited whether such works were carried out in accordance with those plans, with or without a departure or deviation from those plans,

( c) any works carried out and completed before the operative day.

(3) Save as is provided for in subsection (2), any bye-law to which subsection (1) relates shall, as regards a particular area, cease to have effect on the operative day to the extent that it relates to the subject matter of this Act.

(4) In this Act “ the operative day” means, in relation to any area, the day on which building regulations first come into operation in that area.

(5) For any reference to bye-laws under section 41 of the Public Health (Ireland) Act, 1878 with respect to any matters set out in that section (other than paragraph (1) thereof), or to bye-laws under subsection (1) of section 23 of the Public Health Acts (Amendment) Act, 1890 (other than the last paragraph thereof), or to bye-laws under subsection (4) of the said section 23, which occurs in any Act or in any instrument having effect under any Act, there shall be substituted, save where the context otherwise requires, a reference to building regulations.

(6) Subsection (5) shall not be construed as excluding from any enactment any reference to bye-laws made under section 41 of the Public Health (Ireland) Act, 1878, which were in force before the commencement of this Act or which are continued in force under this section.

(7) Where any works to which bye-laws applied (being bye-laws to which subsection (1) relates) were carried out prior to the 13th day of December, 1989, and any requirement of the bye-laws concerned, or any statutory requirement relating to such bye-laws, was not complied with, proceedings or any other act shall not be taken on the basis of such non-compliance, and approval to the carrying out of the works shall be deemed to have been granted, unless the building control authority serve on the owner of the works or other person concerned, within six months of the operative day, a notice stating that the works constitute a danger to public health or safety.

(8) The provisions of subsections (4) to (8) of section 8 , section 9 and section 10 shall apply to a notice served under subsection (7).

(9) Bye-laws made by a sanitary authority pursuant to section 46 (4) of the Factories Act, 1955, shall cease to apply in so far as they contain any provision inconsistent with the requirements of building regulations.

Annotations:

Modifications (not altering text):

C6

References to “sanitary authority” in subs. (9) construed as “Irish Water” (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), ss. 6, 7(4), S.I. No. 575 of 2013 and S.I. No. 576 of 2013 (transfer day).

Transfer day

6.— The Minister shall, by order, appoint a day to be the transfer day for the purposes of this Act.

Transfer of functions from water service authorities to Irish Water

7.— ...

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

Editorial Notes:

E121

Continuation of bye-laws insofar as they apply for certain purposes under subs. (2) confirmed (10.07.2006) by Local Government Act 2001 (37/2001), s. 209(6), S.I. No. 361 of 2006.