Building Control Act 1990

Dispensation or relaxation of building regulations.

4

4. (1) Subject to the provisions of this section, a building control authority may, if it considers it reasonable having regard to all the circumstances of the case, grant a dispensation from, or a relaxation of, any requirement of building regulations in respect of buildings or works which are situated within the functional area of the building control authority and—

( a) which are designed, constructed or carried out by or on behalf of the building control authority, or

( b) in relation to which an application for such dispensation or relaxation has been submitted pursuant to subsection (2).

(2) An application for a dispensation from, or a relaxation of, any requirement of building regulations shall be made in the prescribed form, and any such application shall be accompanied by the prescribed fee (if any).

(3) Building regulations may provide that in respect of any specified requirement of the regulations, subsection (1) shall not apply.

(4) Where, within a period of two months beginning on the date of an application, or within such extended period as may at any time be agreed in writing between the applicant and the building control authority, the building control authority does not notify the applicant of the decision on the application, a decision by the building control authority to grant the dispensation or relaxation, as the case may be, shall be regarded as having been made on the last day of the period or such extended period, as the case may be.

(5) A building control authority may make a dispensation from, or a relaxation of, any requirement of building regulations granted pursuant to subsection (1) subject to such conditions (if any) as it sees fit.

Annotations:

Editorial Notes:

Modifications (not altering text):

C3

Time period in subs. (4) 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.

[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).

... ]

E35

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

E36

Power pursuant to section exercised (1.07.1998) by Building Control Regulations 1997 (S.I. No. 496 of 1997).

E37

Previous affecting provision: power pursuant to section exercised (8.07.1992) by Building Control Act 1990 (Fees) (Amendment) Regulations 1992 (S.I. No. 182 of 1992); revoked (1.07.1998) by Building Control Regulations 1997 (S.I. No. 496 of 1997), reg. 4(1) and sch. 1, subject to transitional provisions in reg. 4(2).

E38

Previous affecting provision: power pursuant to section exercised (1.06.1992) by Building Control Act 1990 (Fees) Regulations 1992 (S.I. No. 112 of 1992); revoked (1.07.1998) by Building Control Regulations 1997 (S.I. No. 496 of 1997), reg. 4(1) and sch. 1, subject to transitional provisions in reg. 4(2).

E39

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.