Building Control Regulations 1997
S.I. No. 496 of 1997
BUILDING CONTROL REGULATIONS 1997
REVISED
Updated to 3 April 2020
This Revised Statutory Instrument is an administrative consolidation of Building Control Regulations 1997. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including Building Control Regulations 2020 (S.I. No. 113 of 2020), made 3 April 2020, were considered in the preparation of this Revised Statutory Instrument.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
S.I. No. 496 of 1997
BUILDING CONTROL REGULATIONS 1997
REVISED
Updated to 3 April 2020
Introduction
This Revised Statutory Instrument presents the text of the instrument as it has been amended, and preserves the format in which it was made.
Related legislation
Building Control Regulations 1997 to 2020: this statutory instrument is one of a group of statutory instruments included in this collective citation, to be construed together as one ( Building Control Regulations 2020 (S.I. No. 113 of 2020 ), reg. 1(2)). The instruments in this group are:
• Building Control Regulations 1997 (S.I. No. 496 of 1997)
• Building Control (Amendment) Regulations 2000 (S.I. No. 10 of 2000)
• Building Control (Amendment) Regulations 2004 (S.I. No. 85 of 2004)
• Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009)
• Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013)
• Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014)
• Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014)
• Building Control (Amendment) Regulations 2015 (S.I. No. 243 of 2015)
• Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015)
• Building Control (Amendment) Regulations 2018 (S.I. No. 526 of 2018)
• Building Control Regulations 2020 (S.I. No. 113 of 2020)
Annotations
This Revised Statutory Instrument is annotated and includes textual and non-textual amendments and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this statutory instrument, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019)
• Euro Changeover (Amounts) Act 2001 (16/2001)
All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Building Control Regulations 2020 (S.I. No. 113 of 2020)
• Building Control (Amendment) Regulations 2018 (S.I. No. 526 of 2018)
• Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015)
• Building Control (Amendment) Regulations 2015 (S.I. No. 243 of 2015)
• Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014)
• Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014)
• Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013)
• Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009)
• Building Control (Amendment) Regulations 2004 (S.I. No. 85 of 2004)
• Building Control (Amendment) Regulations 2000 (S.I. No. 10 of 2000)
All statutory instruments up to and including Building Control Regulations 2020 (S.I. No. 113 of 2020), made 3 April 2020, were considered in the preparation of this revision.
S.I. No. 496 of 1997
BUILDING CONTROL REGULATIONS 1997
REVISED
Updated to 3 April 2020
PART I
PRELIMINARY AND GENERAL
Article
PART II
COMMENCEMENT NOTICES AND CERTIFICATES OF COMPLIANCE BEFORE CONSTRUCTION
8A. Exception to obligation to give notice.
9. Form of commencement notice.
10. Procedure on receipt of notice.
PART III
FIRE SAFETY CERTIFICATES
12. Obligation to obtain a certificate.
14. Procedure on receipt of application.
15. Consideration of application.
PART IIIA
7 DAY NOTICE, CERTIFICATES OF COMPLIANCE, REVISED FIRE SAFETY CERTIFICATE, REGULARISATION CERTIFICATE, STATUTORY DECLARATION AND 7 DAY NOTICE STATUTORY DECLARATION
20B. Revised Fire Safety Certificate.
20C. Regularisation Certificate.
PART IIIB
DISABILITY ACCESS CERTIFICATES AND REVISED DISABILITY ACCESS CERTIFICATES
20D. Disability Access Certificate.
20E. Revised Disability Access Certificate.
PART IIIC
CERTIFICATE OF COMPLIANCE ON COMPLETION
20F. Certificate of Compliance on Completion.
20G. Code of Practice for Inspecting and Certifying Buildings and Works.
PART IV
THE REGISTER
PART V
FEES
25. Fee for alternative proposals.
26. Refund of fee in case of certain repeat applications.
PART VI
APPEALS
27. Provisions as to making of appeal.
30. Documents, information etc. in relation to appeal.
31. Power of Board to request submissions or observations.
32. Power of Board to require submission of documents etc.
33. Power of the Board where notice served under article 31 or 32.
35. Time for determination of appeal.
36. Powers of the Board to declare appeal withdrawn.
37. Board may dismiss appeal if vexatious etc.
39. Matters to be considered when determining an appeal.
41. Notification by Board of decision on appeal.
43. Prohibition on opening, operation or occupation of buildings.
FIRST SCHEDULE
REGULATIONS REVOKED
SECOND SCHEDULE
FORM OF COMMENCEMENT NOTICE FOR DEVELOPMENT AND FORMS OF CERTIFICATES OF COMPLIANCE REQUIRED BEFORE CONSTRUCTION COMMENCES
THIRD SCHEDULE
FORM OF APPLICATION FOR A FIRE SAFETY CERTIFICATE
FOURTH SCHEDULE
FORM OF FIRE SAFETY CERTIFICATE
FIFTH SCHEDULE
FEES
SIXTH SCHEDULE
CERTIFICATE OF COMPLIANCE ON COMPLETION
S.I. No. 496 of 1997
BUILDING CONTROL REGULATIONS 1997
REVISED
Updated to 3 April 2020
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 4, 6, 7 and 18 of the Building Control Act, 1990 (No. 3 of 1990), hereby makes the following Regulations:—
Annotations:
Modifications (not altering text):
C1
Application of instrument restricted (3.04.2020) by Building Control Regulations 2020 (S.I. No. 113 of 2020), reg. 4.
3. (1) Parts II, III, IIIA (other than Article 20C), IIIB and IIIC and Article 43 of the Principal Regulations shall not apply in relation to —
(a) works consisting of, or in connection with, the construction, extension, alteration, repair, or renewal of a building of a class specified in Schedule 1 carried out and completed during the relevant period by, or on behalf of, a State authority, or
(b) a material change of use to use as a building of such a class during the relevant period by, or on behalf of, a State authority.
4. (1) The Principal Regulations shall not apply in relation to a material change of use of a relevant building to the use for which it was used immediately before the material change of use referred to in subparagraph (b) of paragraph (1) of Regulation 3.
(2) In this Regulation “relevant building” means a building to which a material change of use referred to in subparagraph (b) of paragraph (1) of Regulation 3 applies.
...
SCHEDULE 1
CLASSES OF BUILDING FOR PURPOSES OF REGULATION 3
1. Acute and other health and social care accommodation.
2. Self-isolation short stay accommodation.
3. Covid-19 and other step down accommodation.
4. Medical testing centre or laboratory.
5. Emergency management coordination facilities.
6. Mortuary facilities.
7. Other accommodation or buildings ancillary to the classes of building referred to above, including storage facilities.
...