Building Control Act 1990

Application to District Court in relation to enforcement notice.


9.(1) A person on whom an enforcement notice is served may, within fourteen days of the service of the notice, apply to the District Court to annul, modify or alter the notice on all or any of the following grounds—

(a) that the alleged failure to comply with the requirements of building regulations is not such as would warrant the service of an enforcement notice;

(b) that compliance with the terms of the enforcement notice would occasion unreasonable expense;

(c) that the time allowed by the building control authority for compliance with the notice is unreasonably short;

(d) that the appellant is not the person on whom the notice should have been served;

(e) that the design or the building complies with the requirements of the building regulations.

(2) Notice of an application pursuant to subsection (1) shall be served on the building control authority concerned and that authority shall be entitled to appear, be heard and adduce evidence at the hearing of the application.

(3) On the hearing of an application pursuant to this section, the court may, as it thinks proper—

(a) confirm the enforcement notice, or

(b) confirm the enforcement notice subject to such modifications, alterations or additions as the court thinks reasonable, or

(c) annul the enforcement notice.

F19[(3A) If the court makes a determination to which subsection (3)(a) or (b) applies, it shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the applicant to pay to the building control authority concerned the costs and expenses, as measured by the court, incurred by the authority

(a) in appearing and adducing evidence at the hearing, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and

(b) in so far as they have not been recouped pursuant to the provision (if any) of the enforcement notice referred to in section 8(4)(c), in relation to the investigation and detection of the matters to which the application relates, including costs incurred in respect of remuneration and expenses as aforesaid.]

(4) The jurisdiction conferred on the District Court under this section shall be exercised by the Justice of that Court having jurisdiction in the area where the building or works concerned are situated.




Inserted (1.03.2008) by Building Control Act 2007 (21/2007), s. 9, S.I. No. 50 of 2008.