Revised Acts
This Act
Download PDFs
On the eISB
Building Control Act 1990
Appeals.
7.—(1) An applicant who is dissatisfied with the decision of a building control authority on an application pursuant to—
(a) section 4, for a dispensation from, or relaxation of, any requirement of building regulations, or
(b) section 6 (2) (a) (ii), for a fire safety certificate, or
(c) section 6 (2) (a) (iii), for a certificate of F18[approval, or]
F19[(d) section 6(2)(a)(vii), for a regularisation certificate, or
(e) section 6(2)(a)(ix), for a disability access certificate,]
may appeal to An Bord Pleanála.
(2) An Bord Pleanála, after consideration of an appeal under this section, shall either (as it thinks proper) refuse the appeal or allow the appeal subject, where it thinks fit, to the attachment, amendment or deletion of conditions.
(3) The Minister may, by regulations, specify—
(a) the manner in which an appeal is to be made pursuant to this section,
(b) the time within which such appeals may be made,
(c) F20[…]
(d) the procedure to be adopted on such appeals,
(e) such incidental, supplementary, consequential and transitional provisions (including modification or application of any provision of this Act or of the Local Government (Planning and Development) Acts, 1963 to 1983) as appear to the Minister to be necessary for the purposes of this section.
Annotations
Amendments:
F18
Substituted (30.09.2009) by Building Control Act 2007 (21/2007), s. 6(a)(i), S.I. No. 352 of 2009.
F19
Inserted (30.09.2009) by Building Control Act 2007 (21/2007), s. 6(a)(ii), S.I. No. 352 of 2009.
F20
Deleted (30.09.2009) by Building Control Act 2007 (21/2007), s. 6(b), S.I. No. 352 of 2009.
F21
Substituted by Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 (20/2025), s. 36(a), (b), not commenced as of date of revision.
Modifications (not altering text):
C6
Prospective affecting provision: subs. (1) amended by Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 (20/2025), s. 36(a), (b), (c), not commenced as of date of revision.
7.—(1) An applicant who is dissatisfied with the decision of a building control authority on an application pursuant to—
(a) section 4, for a dispensation from, or relaxation of, any requirement of building regulations, or
(b) section 6 (2) (a) (ii), for a F21[fire safety design certificate], or
(c) section 6 (2) (a) (iii), for a certificate of F18[approval, or]
F19[(d) section 6(2)(a)(vii), for a regularisation certificate, or
(e) section 6section 6(2)(a)(ix), for F21[an access and use design certificate, or]]
F1[(f) section 6(2)(a)(xv), for a regularisation fire safety design certificate,]
may appeal to An Bord Pleanála.
...
Editorial Notes:
E66
Power pursuant to subs. (3) exercised (1.07.2021) by Building Control (Amendment) Regulations 2021 (S.I. No. 229 of 2021), in operation as per reg. 2.
E67
Power pursuant to subs. (3) exercised (3.04.2020) by Building Control Regulations 2020 (S.I. No. 113 of 2020).
E68
Power pursuant to section exercised (1.10.2009 and 1.01.2010) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009).
E69
Power pursuant to section exercised (1.07.1998) by Building Control Regulations 1997 (S.I. No. 496 of 1997).
E70
Previous affecting provision: power pursuant to section exercised (8.07.1992) by Building Control Act 1990 (Fees) (Amendment) Regulations 1992 (S.I. No. 182 of 1992); revoked (1.07.1998) by Building Control Regulations 1997 (S.I. No. 496 of 1997), reg. 4(1) and sch. 1, subject to transitional provisions in reg. 4(2).
E71
Previous affecting provision: power pursuant to section exercised (1.06.1992) by Building Control Act 1990 (Fees) Regulations 1992 (S.I. No. 112 of 1992); revoked (1.07.1998) by Building Control Regulations 1997 (S.I. No. 496 of 1997), reg. 4(1) and sch. 1, subject to transitional provisions in reg. 4(2).
E72
Previous affecting provision: power pursuant to section exercised (1.06.1992) by Building Control Act 1990 (Appeals) Regulations 1992 (S.I. No. 111 of 1992); revoked (1.07.1998) by Building Control Regulations 1997 (S.I. No. 496 of 1997), reg. 4(1) and sch. 1, subject to transitional provisions in reg. 4(2).