Building Control Act 1990

Service of enforcement notice.

10

10. (1) Where an enforcement notice is authorised under this Act to be served on or given to a person, it shall be addressed to him and may be served on or given to him in some one of the following ways—

( a) where it is addressed to him by name, by delivering it to him;

( b) by leaving it at the address at which he ordinarily resides or, in a case where an address for service has been furnished, at that address;

( c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case where an address for service has been furnished, at that address;

( d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the enforcement notice is authorised to be given in respect of any particular building or works, by delivering it to some person over sixteen years of age residing or employed in such building or on such works or by affixing it in a conspicuous position on or near such building or works.

(2) Where an enforcement notice is authorised by this Act to be served on or given to the owner of a building or works or a person who carried out or is carrying out the works to which building regulations apply and the name of such person cannot be ascertained by reasonable inquiry, the notice may be addressed to “ the owner”, the occupier” or “ the builder” (as the circumstances may require) without naming him.

(3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1986, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) Where an enforcement notice is served on or given to a person pursuant to subsection (1) (d), a copy of the notice shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.

(5) A person who, at any time during the period of three months after a notice is affixed pursuant to subsection (1) (d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence.