Building Control Act 1990

Number 3 of 1990

BUILDING CONTROL ACT 1990

REVISED

Updated to 26 March 2024

This Revised Act is an administrative consolidation of the Building Control Act 1990. 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 the European Arrest Warrant (Amendment) Act 2024 (9/2024), enacted 12 March 2024, and all statutory instruments up to and including the Building Regulations (Part B Amendment) Regulations 2024 (S.I. No. 108 of 2024), made 26 March 2024, 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 3 of 1990

BUILDING CONTROL ACT 1990

REVISED

Updated to 26 March 2024

ARRANGEMENT OF SECTIONS

Section
1.	Interpretation.
2.	Building control authorities.
3.	Building regulations.
4.	Dispensation or relaxation of building regulations.
5.	Dispensation or relaxation in relation to specified works or material.
6.	Building control regulations.
7.	Appeals.
7A.	Fees in respect of an appeal.
7B.	Provision with respect to amendment of this Act by S.I. No. 872 of 2005.
8.	Enforcement notice.
9.	Application to District Court in relation to enforcement notice.
10.	Service of enforcement notice.
11.	Powers of inspection by authorised persons.
12.	Order of High Court in relation to buildings and works.
13.	Power to prohibit the use of certain materials etc.
14.	Building Regulations Advisory Body.
15.	Authenticity of documents.
16.	Offences.
17.	Penalties.
17A.	Payment of fines to building control authority.
17B.	Costs of prosecution, etc.
17C.	Evidential value of electronically stored information.
18.	Orders and regulations.
19.	Expenses of Minister.
20.	Expenses of building control authorities.
21.	Limitation on civil proceedings.
22.	Transitional.
23.	Multi-storey buildings.
24.	Repeals.
25.	Short title and commencement.

FIRST SCHEDULE

Matters for which Building Regulations may prescribe Standards.

SECOND SCHEDULE

Part I

Repeals of Local Government (Planning and Development) Act, 1963 (as amended by the Local Government (Planning and Development) Act, 1976).

Part II

Repeals of Local Government (Planning and Development) Act, 1976.

Acts Referred to
Arbitration Act, 1954	1954, No. 26
Companies Acts, 1963 to 1986
Criminal Procedure Act, 1967	1967, No. 12
Dublin Corporation Act, 1890	1890, c. 246
Factories Act, 1955	1955, No. 10
Fire Services Act, 1981	1981, No. 30
Local Government Act, 1955	1955, No. 9
Local Government (Multi-Storey Buildings) Act, 1988	1988, No. 29
Local Government (Planning and Development) Act, 1963	1963, No. 28
Local Government (Planning and Development) Act, 1976	1976, No. 20
Local Government (Planning and Development) Acts, 1963 to 1983
Petty Sessions (Ireland) Act, 1851	1851, c. 93
Public Health (Ireland) Act, 1878	1878, c. 52
Public Health Acts (Amendment) Act, 1890	1890, c. 59

Number 3 of 1990

BUILDING CONTROL ACT 1990

REVISED

Updated to 26 March 2024

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF BUILDING CONTROL AUTHORITIES AND THE MAKING OF BUILDING REGULATIONS AND BUILDING CONTROL REGULATIONS AND TO PROVIDE FOR MATTERS RELATING TO THE CONSTRUCTION OF BUILDINGS AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [21st March, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Prospective affecting provision: references construed by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 26 and sch. 1 part 2, not in effect as of date of revision.

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

...

PART 2

Enactments for Purposes of Sections 10 and 26

...

No. 3 of 1990 Building Control Act 1990 The whole Act.

...

Application of Act restricted (1.05.2007) by Prisons Act 2007 (10/2007), s. 28(1)(b), S.I. No. 180 of 2007.

Exemptions, etc., relating to development.

28.— (1) A development—

(a) is an exempted development for the purposes of the Planning and Development Acts 2000 to 2006,

(b) is not subject to— ...

(iv) the Building Control Act 1990 and regulations thereunder,

...

Editorial Notes:

Primary responsibility in relation to the Act was conferred on the Minister for the Environment, Community and Local Government by Local Government Act 2001 (37/2001), s. 63(2)(a)(i) and sch. 12 part 1 as substituted (31.12.2007) by Water Services Act 2007, s. 115, S.I. No. 846 of 2007.

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Building Control Act 1990