Building Control Regulations 1997


S.I. No. 496 of 1997


BUILDING CONTROL REGULATIONS 1997

REVISED

Updated to 1 July 2021


This Revised Statutory Instrument is an administrative consolidation of the Building Control Regulations 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), enacted 21 June 2021, and all statutory instruments up to and including European Union (Modifications of Statutory Instrument No. 110 of 2019) (Registration of Beneficial Ownership of Certain Financial Vehicles) (Amendment) Regulations 2021 (S.I. No. 321 of 2021), made 1 July 2021, were considered in the preparation of this Revised Statutory Instrument.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


S.I. No. 496 of 1997


BUILDING CONTROL REGULATIONS 1997

REVISED

Updated to 1 July 2021


Introduction

This Revised Statutory Instrument presents the text of the instrument as it has been amended, and preserves the format in which it was made.

Related legislation

Building Control Regulations 1997 to 2021 : this statutory instrument is one of a group of statutory instruments included in this collective citation, to be construed together as one ( Building Control (Amendment) Regulations 2021 (S.I. No. 229 of 2021 ), reg. 1(2)). The instruments in this group are:

Building Control Regulations 1997 (S.I. No. 496 of 1997)

Building Control (Amendment) Regulations 2000 (S.I. No. 10 of 2000)

Building Control (Amendment) Regulations 2004 (S.I. No. 85 of 2004)

Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009)

Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013)

Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014)

Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014)

Building Control (Amendment) Regulations 2015 (S.I. No. 243 of 2015)

Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015)

Building Control (Amendment) Regulations 2018 (S.I. No. 526 of 2018)

Building Control Regulations 2020 (S.I. No. 113 of 2020)

Building Control (Amendment) Regulations 2020 (S.I. No. 229 of 2021)

Annotations

This Revised Statutory Instrument is annotated and includes textual and non-textual amendments and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this statutory instrument, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019)

Euro Changeover (Amounts) Act 2001 (16/2001)

All Acts up to and including Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), enacted 21 June 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Building Control (Amendment) Regulations 2021 (S.I. No. 229 of 2021)

Building Control Regulations 2020 (S.I. No. 113 of 2020)

Building Control (Amendment) Regulations 2018 (S.I. No. 526 of 2018)

Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015)

Building Control (Amendment) Regulations 2015 (S.I. No. 243 of 2015)

Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014)

Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014)

Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013)

Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009)

Building Control (Amendment) Regulations 2004 (S.I. No. 85 of 2004)

Building Control (Amendment) Regulations 2000 (S.I. No. 10 of 2000)

All statutory instruments up to and including European Union (Modifications of Statutory Instrument No. 110 of 2019) (Registration of Beneficial Ownership of Certain Financial Vehicles) (Amendment) Regulations 2021 (S.I. No. 321 of 2021), made 1 July 2021, were considered in the preparation of this revision.


S.I. No. 496 of 1997


BUILDING CONTROL REGULATIONS 1997

REVISED

Updated to 1 July 2021


PART I

PRELIMINARY AND GENERAL

Article

1. Citation.

2. Commencement.

3. Application.

4. Revocation.

5. Interpretation.

6. Exemptions.

6A. Offences.

PART II

COMMENCEMENT NOTICES AND CERTIFICATES OF COMPLIANCE BEFORE CONSTRUCTION

7. Application of Part II.

8. Obligation to give notice.

8A. Exception to obligation to give notice.

9. Form of commencement notice.

10. Procedure on receipt of notice.

PART III

FIRE SAFETY CERTIFICATES

11. Application of Part III.

12. Obligation to obtain a certificate.

13. Form of application.

14. Procedure on receipt of application.

15. Consideration of application.

16. Revised plans.

17. Decision on application.

18. Grant of certificate.

19. Refusal of certificate.

20. Right of appeal.

PART IIIA

7 DAY NOTICE, CERTIFICATES OF COMPLIANCE, REVISED FIRE SAFETY CERTIFICATE, REGULARISATION CERTIFICATE, STATUTORY DECLARATION AND 7 DAY NOTICE STATUTORY DECLARATION

20A. 7 Day Notice.

20B. Revised Fire Safety Certificate.

20C. Regularisation Certificate.

PART IIIB

DISABILITY ACCESS CERTIFICATES AND REVISED DISABILITY ACCESS CERTIFICATES

20D. Disability Access Certificate.

20E. Revised Disability Access Certificate.

PART IIIC

CERTIFICATE OF COMPLIANCE ON COMPLETION

20F. Certificate of Compliance on Completion.

20G. Code of Practice for Inspecting and Certifying Buildings and Works.

PART IV

THE REGISTER

21. Register.

PART V

FEES

22. Exemptions.

23. Requirement to pay fee.

24. Standard fee.

25. Fee for alternative proposals.

26. Refund of fee in case of certain repeat applications.

PART VI

APPEALS

27. Provisions as to making of appeal.

28. Time for appeal etc.

29. Observations on appeal.

30. Documents, information etc. in relation to appeal.

31. Power of Board to request submissions or observations.

32. Power of Board to require submission of documents etc.

33. Power of the Board where notice served under article 31 or 32.

34. Convening of meetings.

35. Time for determination of appeal.

36. Powers of the Board to declare appeal withdrawn.

37. Board may dismiss appeal if vexatious etc.

38. Inspections and reports.

39. Matters to be considered when determining an appeal.

40. Determination of appeal.

41. Notification by Board of decision on appeal.

42. Issue of fire safety certificate, revised fire safety certificate, regularisation certificate, disability access certificate or revised disability access certificate.

43. Prohibition on opening, operation or occupation of buildings.

FIRST SCHEDULE

REGULATIONS REVOKED

SECOND SCHEDULE

FORM OF COMMENCEMENT NOTICE FOR DEVELOPMENT AND FORMS OF CERTIFICATES OF COMPLIANCE REQUIRED BEFORE CONSTRUCTION COMMENCES

THIRD SCHEDULE

FORM OF APPLICATION FOR A FIRE SAFETY CERTIFICATE

FOURTH SCHEDULE

FORM OF FIRE SAFETY CERTIFICATE

FIFTH SCHEDULE

FEES

SIXTH SCHEDULE

CERTIFICATE OF COMPLIANCE ON COMPLETION


S.I. No. 496 of 1997


BUILDING CONTROL REGULATIONS 1997

REVISED

Updated to 1 July 2021

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 4, 6, 7 and 18 of the Building Control Act, 1990 (No. 3 of 1990), hereby makes the following Regulations:—

Annotations

Modifications (not altering text):

C1

Application of instrument restricted (3.04.2020) by Building Control Regulations 2020 (S.I. No. 113 of 2020), reg. 4.

3. (1) Parts II, III, IIIA (other than Article 20C), IIIB and IIIC and Article 43 of the Principal Regulations shall not apply in relation to —

(a) works consisting of, or in connection with, the construction, extension, alteration, repair, or renewal of a building of a class specified in Schedule 1 carried out and completed during the relevant period by, or on behalf of, a State authority, or

(b) a material change of use to use as a building of such a class during the relevant period by, or on behalf of, a State authority.

4. (1) The Principal Regulations shall not apply in relation to a material change of use of a relevant building to the use for which it was used immediately before the material change of use referred to in subparagraph (b) of paragraph (1) of Regulation 3.

(2) In this Regulation “relevant building” means a building to which a material change of use referred to in subparagraph (b) of paragraph (1) of Regulation 3 applies.

...

SCHEDULE 1

CLASSES OF BUILDING FOR PURPOSES OF REGULATION 3

1. Acute and other health and social care accommodation.

2. Self-isolation short stay accommodation.

3. Covid-19 and other step down accommodation.

4. Medical testing centre or laboratory.

5. Emergency management coordination facilities.

6. Mortuary facilities.

7. Other accommodation or buildings ancillary to the classes of building referred to above, including storage facilities.

...