C5

Prospective affecting provision: section amended by Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 (20/2025), s. 34, not commenced as of date of revision.

6.—(1) ...

(2) Without prejudice to the generality of subsection (1), building control regulations may make provision for all or any of the following matters—

(a) requiring—

(i) ...

(ii) in respect of a building, or buildings, of a prescribed class or classes, the submission to a building control authority of an application for a certificate (in this Act referred to as a “F13[fire safety design certificate]”) that a building, if constructed in accordance with the plans, documents and information submitted, would, in the opinion of the building control authority, comply (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) with such provisions of building regulations as may be prescribed, F10[…]

(iii) ...

F12[(iv) the submission (before grant of the relevant F13[fire safety design certificate]) of a notice in writing to a building control authority (in this Act referred to as a "7 day notice") by a person who intends to commence work on the construction of a building or an extension of or a material alteration to a building, giving not less than 7 days notice of that person’s intention to carry out those works, and requiring that such notice shall be accompanied by a valid application for a F13[fire safety design certificate],

(v) the submission to a building control authority by a person who submits a 7 day notice of a statutory declaration (in this Act referred to as a "7 day notice statutory declaration") made by that person stating that the application for the relevant F13[fire safety design certificate] has been completed in all respects and complies with the relevant provisions of the building control regulations, that any works that have been commenced before the grant of such certificate will comply with the building regulations and that the person will, within such period as may be specified by the building control authority, carry out any modification of such works that is required by or under the F13[fire safety design certificate], including any condition attached to it, when it is granted by the building control authority concerned,

(vi) where an application for a F13[fire safety design certificate] in respect of the construction of a building or an extension of or a material alteration to a building has been submitted before planning permission has been granted in respect of such construction, extension or alteration, the submission, if required by the subsequent grant of such planning permission, of a further application to a building control authority for a F13[fire safety design certificate] (in this Act referred to as a "F13[revised fire safety design certificate]") for the purpose of ensuring that the revised design arising from the grant of planning permission (including any condition attached to it) complies with the provisions of building regulations relating to fire safety,

(vii) ...

(viii) ...

(ix) the submission to a building control authority of an application for a certificate of compliance with respect to requirements under the building regulations for provision of F13[access to, and use of, a building for persons with disabilities (an "access and use design certificate")] and enabling the building control authority to grant such certificate if in its opinion the design of the building or the extension of or material alteration to the building in respect of which the submission is made would comply (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) with the relevant requirements of the building regulations,

(x) the submission to a building control authority of an application for a F13[fire safety design certificate] (in this Act also referred to as a "F13[revised fire safety design certificate]") or a F13[an access and use design certificate] (in this Act referred to as a "F13[revised access and use design certificate]") if significant revision is made to the design or works of a building or an extension of or a material alteration to a building in respect of which a F13[fire safety design certificate] or a disability access certificate has been granted by a F13[building control authority,]

(xi) that 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 F13[fire safety design certificate, an access and use design certificate, a revised fire safety design certificate, a revised access and use design certificate, a regularisation certificate or a regularisation fire safety design certificate] required by regulations under this Act has been granted by the building control authority in relation to the building, or

(II) if such an appeal is made to it, pending the determination by An Bord Pleanála of an appeal under section 7 relating to a refusal to grant any of the certificates or revised certificates referred to in clause (I) or the F13[attachment of conditions to any of them, and]]

F14[(xii) where work has been commenced or completed in respect of the construction of a building or an extension of or material alteration to a building and such notice as may be specified in regulations made under paragraph (k) has not been given in accordance with those regulations, the submission to a building control authority of a notice in writing (in this section referred to as a "regularisation notice") by a person who has commenced or completed such work,

(xiii) the submission to a building control authority, by a person who submits a regularisation notice, of a statutory declaration (in this Act referred to as a "regularisation notice statutory declaration") made by that person stating that any works that have been commenced before the submission of the regularisation notice concerned comply with the building regulations,

(xiv) the submission to a building control authority of certificates on completion of works (in this Act referred to as "certificates of compliance on completion") being certificates relating to compliance with the building regulations (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) after the completion of the construction of any buildings, classes of buildings, works or classes of works, to which such building regulations apply,

(xv) where work has been commenced or completed in respect of the construction of a building or an extension of or a material alteration to a building, and no application has been made for a fire safety design certificate that is required under building control regulations for such construction, extension of, or material alteration to, a building, the submission to a building control authority of an application for a certificate (in this Act referred to as a "regularisation fire safety design certificate") which shall be accompanied by drawings of the relevant works and a statutory declaration from the applicant stating that such works would comply (subject to any relevant dispensation or relaxation already granted under section 4 or 5, any conditions attached to the certificate or to any appeal under section 7 which has been allowed) with such provisions of the building regulations relating to fire safety as may be prescribed,

(xvi) that 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 regularisation fire safety design certificate required by regulations under this Act has been granted by the building control authority in relation to the building, or

(II) if such an appeal is made to it, pending the determination of an appeal under section 7 relating to a refusal to grant a regularisation fire safety design certificate or the attachment of conditions to such a certificate,

(xvii) the submission to a building control authority, in relation to work the subject of a regularisation notice, of regularisation certificates on completion of works (in this Act referred to as "regularisation certificates of compliance on completion") being certificates relating to compliance with the building regulations (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) after the completion of the construction of any buildings, classes of buildings, works or classes of works, to which such building regulations apply, and

(xviii) that 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 unless a certificate of compliance on completion, or a regularisation certificate of compliance on completion, required by regulations under this Act has been submitted to the building control authority in relation to the buildings, works or classes of works, to which such building regulations apply, and registered in accordance with paragraph (f).]

(b) prescribing—

F11[(i) the form and content of—

(I) ...

(II) applications for F15[fire safety design certificates, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificates, access and use design certificates and revised access and use design certificates],

(III) ...

(IV) ...

(V) ...

F16[(VI) regularisation notices and regularisation notice statutory declarations,]]

(ii) the plans, documents and information to be submitted with certificates of compliance, applications for F15[fire safety design certificates, 7 day notices, 7 day notice statutory declarations, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificate, access and use design certificates, building energy rating certificates, revised access and use design certificates], applications for certificates of approval and notices to which subsection (2) (k) relates, and

(iii) ...

(c) ...

(d) the granting by a building control authority of F15[fire safety design certificates, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificates, access and use design certificates and revised access and use design certificates] and certificates of approval with or without conditions, or the refusal of such certificates;

(e) requiring a building control authority, whenever it refuses a F15[fire safety design certificate, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate] or a certificate of approval, to notify the applicant in writing of the reasons for such refusal;

F15[(f) the registration of certificates of compliance and regularisation certificates of compliance and of such information as may be prescribed in relation to applications for fire safety design certificates, fire safety design certificates, applications for revised fire safety design certificates, revised fire safety design certificates, applications for regularisation certificates, regularisation certificates, applications for regularisation fire safety design certificates, regularisation fire safety design certificates, applications for access and use design certificates, access and use design certificates, applications for revised access and use design certificates, revised access and use design certificates, notice given under paragraph (k), 7 day notices, applications for certificates of approval and certificates of approval and the making available of such information to such persons as may be prescribed;]

(g) ...

(h) the charging of fees for—

F15[(i) the registration of certificates of compliance, certificates of compliance on completion, regularisation certificates of compliance on completion, notices given under paragraph (k) and regularisation notices,]

(ii) F15[the submission of applications for fire safety design certificates, 7 day notices, 7 day notice statutory declarations, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificate, access and use design certificates, revised access and use design certificates, or certificates of approval,]

(iii) ...

(iv) ...

(v) ...

F12[(ha) the exemption, in specified circumstances, from fees referred to in paragraph (h);]

(i) ...

(j) the exclusion from all, or any of, the provisions regarding the submission of certificates of compliance or applications for F15[fire safety design certificates, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificate, access and use design certificates, revised access and use design certificates, certificates of compliance on completion, regularisation certificates of compliance on completion, regularisation notices] or applications for certificates of approval, of such persons, bodies or buildings, or classes thereof as may be specified in the regulations;

(k) ...

F12[(2A) F17[References in subsection (2)(a)(iv) to (xviii)] to a material alteration of a building include references to a material change of use of a building and, for the purposes of those provisions as they apply in relation to such a material change of use, references in those provisions to—

...]

(3) ...

(4) ...

F17[(5) Where, within a period of 2 months beginning on the date of an application for a fire safety design certificate, 7 day notice, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate or a certificate of approval, or within such extended period as may at any time be agreed in writing between the applicant and the building control authority, the building control authority does not notify the applicant of the decision on the application, then a decision by the building control authority to grant the fire safety design certificate, 7 day notice, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate or the certificate of approval, as the case may be, shall be regarded as having been made on the last day of the period or such extended period, as the case may be.]

(6) Where an application for a dispensation from or relaxation of any requirement of building regulations is made pursuant to section 4, or where an appeal under section 7 has been made against a decision on such application, the building control authority may defer the making of a decision in relation to the granting or, as the case may be, the refusal of a F17[fire safety design certificate, 7 day notice, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate] or certificate of approval, in respect of the building concerned for a period not exceeding two months after the decision on the application or, as the case may be, the appeal, has been made, and subsection (5) shall be construed accordingly.