Building Control Regulations 1997


F68 [ Prohibition on opening, operation or occupation of buildings.

43. (1) A new building or an existing building in respect of which an extension or a material alteration has been made, shall not be opened, operated or occupied or permitted to be opened, operated or occupied,

(i) unless a fire safety certificate, a disability access certificate (or, as the case may be a revised certificate of either kind) or a regularisation certificate required by these Regulations has been granted by the building control authority in relation to the building, or

(ii) if such appeal is made to it, pending the determination by An Bord Pleanala of an appeal relating to a refusal to grant any of the certificates or revised certificates referred to in clause (i) or the attachment of conditions to any of them.

43 (2) It is declared that an offence contrary to article 43(1) of these Regulations is an offence to which section 17(2) of the Act applies. ]




Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 20, in effect as per art. 2.

Modifications (not altering text):


Application of article restricted (3.04.2020) by Building Control Regulations 2020 (S.I. No. 113 of 2020), art. 3(1) and sch. 1.

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.




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.

Editorial Notes:


Quotation mark at the end of para. (ii) is in the original.