Building Control Act 2007


Number 21 of 2007


BUILDING CONTROL ACT 2007

REVISED

Updated to 3 July 2018


This Revised Act is an administrative consolidation of the Building Control Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the 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 Childcare Support Act 2018 (11/2018), enacted 2 July 2018, and all statutory instruments up to and including Building Control (Prescribed Qualifications) Regulations 2018 (S.I. No. 233 of 2018), made 3 July 2018, were considered in the preparation of this Revised Act.

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.


Number 21 of 2007


BUILDING CONTROL ACT 2007

REVISED

Updated to 3 July 2018


Introduction

This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Building Control Acts 1990 to 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Reform Act 2014, s. 1(7)). The Acts in the group are:

Building Control Act 1990 (3/1990)

Building Control Act 2007 (21/2007)

Local Government Reform Act 2014 (1/2014), s. 1(7), 5(5) and Part 3 of Schedule 2 (in so far as it relates to the Building Control Acts 1990 to 2014)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act 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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1985, may be found in the Legislation Directory at www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Court of Appeal Act 2014 (18/2014)

Local Government Reform Act 2014 (1/2014)

Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012)

Local Government (Household Charge) Act 2011 (36/2011)

Multi-Unit Development Act 2011 (2/2011)

All Acts up to and including Childcare Support Act 2018 (11/2018), enacted 2 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Building Control (Prescribed Qualifications) Regulations 2018 (S.I. No. 233 of 2018)

European Union (Recognition of Professional Qualifications) (Amendment of Building Control Act 2007) Regulations 2014 (S.I. No. 616 of 2014)

Building Control (Prescribed Qualifications) Regulations 2014 (S.I. No. 566 of 2014)

Building Control (Prescribed Bodies and Courses) Regulations 2012 (S.I. No. 341 of 2012)

Multi-Unit Developments Act 2011 (Section 3) (Prescribed Persons) Regulations 2011 (S.I. No. 96 of 2011)

Building Control Act 2007 (Commencement) Order 2009 (S.I. No. 352 of 2009)

Building Control Act 2007 (Commencement) Order 2008 (S.I. No. 50 of 2008)

All statutory instruments up to and including Building Control (Prescribed Qualifications) Regulations 2018 (S.I. No. 233 of 2018), made 3 July 2018, were considered in the preparation of this revision.


Number 21 of 2007


BUILDING CONTROL ACT 2007

REVISED

Updated to 3 July 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement.

2. Interpretation.

PART 2

Amendment of Building Control Act 1990

3. Amendment of section 1 (interpretation) of Act of 1990.

4. Amendment of section 3 (building regulations) of Act of 1990.

5. Amendment of section 6 (building control regulations) of Act of 1990.

6. Amendment of section 7 (appeals) of Act of 1990.

7. Amendment of Act of 1990 — new sections 7A and 7B.

8. Amendment of section 8 (enforcement notice) of Act of 1990.

9. Amendment of section 9 (application to District Court in relation to enforcement notice) of Act of 1990.

10. Amendment of section 12 (order of High Court in relation to buildings and works) of Act of 1990.

11. Amendment of section 17 (penalties) of Act of 1990.

12. Amendment of Act of 1990 — new sections 17A and 17B.

PART 3

Registration of Architects

13. Registration body and Admissions Board ( Part 3).

14. Registration of architects.

15. Registration of nationals from certain other states — main categories of such nationals.

16. Further category of nationals from certain other states who are eligible for registration.

17. Fees ( Part 3).

18. Prohibition against using term “architect” unless registered.

19. Registrar ( Part 3).

20. Removal from register ( Part 3).

21. Technical Assessment Board ( Part 3).

22. Technical Assessment Board procedure ( Part 3).

23. Professional Conduct Committee ( Part 3).

24. Appeals Board ( Part 3).

25. Appeals procedure ( Part 3).

26. Appeal to High Court from decision of Appeals Board ( Part 3).

27. Certain other jurisdiction of Appeals Board ( Part 3).

PART 4

Registration of Quantity Surveyors

28. Registration body and Admissions Board ( Part 4).

29. Registration of quantity surveyors.

30. Nationals from other states eligible for registration ( Part 4).

31. Fees ( Part 4).

32. Prohibition against using term “quantity surveyor” unless registered.

33. Registrar ( Part 4).

34. Removal from register ( Part 4).

35. Technical Assessment Board ( Part 4).

36. Technical Assessment Board procedure ( Part 4).

37. Professional Conduct Committee ( Part 4).

38. Appeals Board ( Part 4).

39. Appeals procedure ( Part 4).

40. Appeal to High Court from decision of Appeals Board ( Part 4).

41. Certain other jurisdiction of Appeals Board ( Part 4).

PART 5

Registration of Building Surveyors

42. Registration body and Admissions Board ( Part 5).

43. Registration of building surveyors.

44. Nationals from other states eligible for registration ( Part 5).

45. Fees ( Part 5).

46. Prohibition against using term “building surveyor” unless registered.

47. Registrar ( Part 5).

48. Removal from register ( Part 5).

49. Technical Assessment Board ( Part 5).

50. Technical Assessment Board procedure ( Part 5).

51. Professional Conduct Committee ( Part 5).

52. Appeals Board ( Part 5).

53. Appeals procedure ( Part 5).

54. Appeal to High Court from decision of Appeals Board ( Part 5).

55. Certain other jurisdiction of Appeals Board ( Part 5).

PART 6

Fitness to Practise

56. Establishment of Professional Conduct Standards.

57. Complaints to Professional Conduct Committee.

58. Decision of the Professional Conduct Committee.

59. Proceedings privileged.

PART 7

Miscellaneous Provisions

60. Temporary registration under Title II of Directive.

61. Registration body may seek assistance and make rules.

62. Registration body may specify fees.

63. Additional qualifications.

64. Regulations.

65. Correction of register.

66. Expenses of registration bodies, boards and committees, etc.

67. Prosecution of offences under this Act.

68. Evidential value of an extract from register.

69. Nomination to boards or committees and elections.

70. Tenure of members of boards, etc., appointed by registration body.

71. Proceedings at meetings of boards or committees.

72. Functions in relation to regulations or directives of the Council of the EU or the European Parliament.

73. Annual report by registration body.


Acts Referred to

Building Control Act 1990

1990, No. 3

European Communities Act 1972

1972, No. 27

Petty Sessions (Ireland) Act 1851

1851, Vic., c. 93


Number 21 of 2007


BUILDING CONTROL ACT 2007

REVISED

Updated to 3 July 2018


AN ACT TO AMEND AND EXTEND THE BUILDING CONTROL ACT 1990; TO REGULATE THE USE OF THE TITLES “ARCHITECT”, “QUANTITY SURVEYOR” AND “BUILDING SURVEYOR”; TO IMPLEMENT CERTAIN PROVISIONS OF DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 7 SEPTEMBER 2005 ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS AND TO PROVIDE FOR RELATED MATTERS.

[21 st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

Obligation imposed on developers of multi-unit developments to furnish to owners’ management company confirmation that the development has been completed in accordance with collectively cited Building Control Acts 1990 and 2007 (1.04.2011) by Multi-Unit Developments Act 2011 (2/2011), s. 31(2) and sch. 3 par. 1(b), S.I. No. 95 of 2011.

E2

Power granted to Court, in cases to which Multi-Unit Developments Act 2011 (2/2011), s. 24(1)(a) applies, to make an order directing the developer of a multi-unit development to complete the multi-unit development in accordance with collectively cited Building Control Acts 1990 and 2007 (1.04.2011) by Multi-Unit Developments Act 2011 (2/2011), s. 24(5)(I)(iii), S.I. No. 95 of 2011.

E3

Transfer of ownership of an interest in the relevant parts of the common areas of a multi-unit development confirmed not to relieve persons who would otherwise have been responsible from the duty, obligation or responsibility to ensure completion of the development in compliance with collectively cited Building Control Acts 1990 and 2007 (1.04.2011) by Multi-Unit Developments Act 2011 (2/2011), s. 7, S.I. No. 95 of 2011.

E4

Obligation imposed on persons to whom Multi-Unit Developments Act 2011 (2/2011), s. 3, applies to ensure that, prior to the transfer of his or her interest in a residential unit in a multi-unit development, a certificate from a suitably qualified person that the relevant parts of the development have been constructed in compliance with the fire safety certificate issued pursuant to the collectively cited Building Control Acts 1990 and 2007 has been furnished to the owners’ management company (1.04.2011) by Multi-Unit Developments Act 2011 (2/2011), s. 3(1)(c), S.I. No. 95 of 2011.