Building Control Act 1990

Appeals.

7

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 F12[approval, or]

F13[(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) F14[…]

(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:

F12

Substituted (30.09.2009) by Building Control Act 2007 (21/2007), s. 6(a)(i), S.I. No. 352 of 2009.

F13

Inserted (30.09.2009) by Building Control Act 2007 (21/2007), s. 6(a)(ii), S.I. No. 352 of 2009.

F14

Deleted (30.09.2009) by Building Control Act 2007 (21/2007), s. 6(b), S.I. No. 352 of 2009.

Editorial Notes:

E63

Power pursuant to subs. (3) exercised (1.07.2021) by Building Control (Amendment) Regulations 2021 (S.I. No. 229 of 2021), in effect as per reg. 2.

E64

Power pursuant to subs. (3) exercised (3.04.2020) by Building Control Regulations 2020 (S.I. No. 113 of 2020).

E65

Power pursuant to section exercised (1.10.2009 and 1.01.2010) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009).

E66

Power pursuant to section exercised (1.07.1998) by Building Control Regulations 1997 (S.I. No. 496 of 1997).

E67

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).

E68

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).

E69

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).