Building Control Act 1990

Building regulations.

3

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 building F8 [ 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.

Annotations:

Amendments:

F7

Substituted (21.12.2005) by European Communities (Energy Performance of Buildings) Regulations 2005 (S.I. No. 872 of 2005), reg. 3.

F8

Inserted (1.03.2008) by Building Control Act 2007 (21/2007), s. 4, S.I. No. 50 of 2008.

Editorial Notes:

E2

Power pursuant to section exercised (1.11.2019) by Building Regulations (Part F Amendment) Regulations 2019 (S.I. No. 263 of 2019), in effect as per reg. 2.

E3

Power pursuant to section exercised (1.01.2019) by Building Regulations (Part L Amendment) Regulations 2017 (S.I. No. 538 of 2017), in effect as per regs. 2, 5.

E4

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.

E5

Power pursuant to section exercised (1.07.2017) by Building Regulations (Part B Amendment) Regulations 2017 (S.I. No. 57 of 2017), in effect as per reg. 2.

E6

Power pursuant to section exercised (21.01.2017) by Building Regulations (Amendment) Regulations 2017 (S.I. No. 4 of 2017), in effect as per reg. 2.

E7

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.

E8

Power pursuant to section exercised (1.07.2015) by Building Regulations (Part E Amendment) Regulations 2014 (S.I. No. 606 of 2014).

E9

Power pursuant to section exercised (1.01.2015) by Building Regulations (Part K Amendment) Regulations 2014 (S.I. No. 180 of 2014), in effect as per reg. 2.

E10

Power pursuant to section exercised (1.09.2014) by Building Regulations (Part J Amendment) Regulations 2014 (S.I. No. 133 of 2014), in effect as per reg. 2.

E11

E11

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.

E13

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.

E13

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.

E15

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.

E16

Power pursuant to section exercised (1.07.2013) by Building Control (Amendment) Regulations 2013 (S.I. No. 224 of 2013), in effect as per reg. 2.

E17

Power pursuant to section exercised (1.07.2013) by Building Regulations (Part A Amendment) Regulations 2012 (S.I. No. 138 of 2012).

E18

Power pursuant to section exercised (1.01.2012) by Building Regulations (Part M Amendment) Regulations 2010 (S.I. No. 513 of 2010).

E19

Power pursuant to section exercised (1.12.2011) by Building Regulations (Part L Amendment) Regulations 2011 (S.I. No. 259 of 2011).

E20

Power pursuant to section exercised (1.06.2011) by Building Regulations (Part H Amendment) Regulations 2010 (S.I. No. 561 of 2010).

E21

Power pursuant to section exercised (1.10.2010) by Building Regulations (Part F Amendment) Regulations 2009 (S.I. No. 556 of 2009).

E22

Power pursuant to section exercised (1.11.2008) by Building Regulations (Part G Amendment) Regulations 2008 (S.I. No. 335 of 2008).

E23

Power pursuant to section exercised (10.07.2008) by Building Regulations (Part L Amendment) Regulations 2008 (S.I. No. 259 of 2008).

E24

Power pursuant to section exercised (1.06.2006) by Building Regulations (Amendment) Regulations 2006 (S.I. No. 115 of 2006).

E25

Power pursuant to section exercised (1.01.2003) by Building Regulations (Amendment) (No.2) Regulations 2002 (S.I. No. 581 of 2002).

E26

Power pursuant to section exercised (1.01.2001) by Building Regulations (Amendment) (No.3) Regulations 2000 (S.I. No. 441 of 2000).

E27

Power pursuant to section exercised (1.01.2001) by Building Regulations (Amendment) (No.2) Regulations 2000 (S.I. No. 249 of 2000).

E28

Power pursuant to section exercised (1.01.2001) by Building Regulations (Amendment) Regulations 2000 (S.I. No. 179 of 2000).

E29

Power pursuant to section exercised (1.07.1998) by Building Regulations 1997 (S.I. No. 497 of 1997).

E30

Previous affecting provision: power pursuant to section exercised (1.07.2008) by Building Regulations (Amendment) Regulations 2007 (S.I. No. 854 of 2007); revoked (10.07.2008) by Building Regulations (Part L Amendment) Regulations 2008 (S.I. No. 259 of 2008), reg. 6.

E31

Previous affecting provision: power pursuant to section exercised (1.06.2006) by Building Regulations (Amendment) Regulations 2005 (S.I. No. 873 of 2005); revoked (10.07.2008) by Building Regulations (Part L Amendment) Regulations 2008 (S.I. No. 259 of 2008), reg. 6.

E32

Previous affecting provision: power pursuant to section exercised (1.01.2003) by Building Regulations (Amendment) Regulations 2002 (S.I. No. 284 of 2002); revoked (10.07.2008) by Building Regulations (Part L Amendment) Regulations 2008 (S.I. No. 259 of 2008), reg. 6.

E33

Previous affecting provision: power pursuant to section exercised (1.08.1994) by Building Regulations (Amendment) Regulations 1994 (S.I. No. 154 of 1994); revoked (1.07.1998) by Building Regulations 1997 (S.I. No. 497 of 1997), reg. 4 and sch. 1.

E34

Previous affecting provision: power pursuant to section exercised (1.06.1992) by Building Regulations 1991 (S.I. No. 306 of 1991); revoked (1.07.1998) by Building Regulations 1997 (S.I. No. 497 of 1997), reg. 4 and sch. 1.