Building Control Regulations 1997
S.I. No. 496 of 1997
BUILDING CONTROL REGULATIONS 1997
REVISED
Updated to 16 May 2024
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 Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2) Order 2024 (S.I. No. 207 of 2024), made 14 May 2024, 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 16 May 2024
PART I
PRELIMINARY AND GENERAL
Article
PART II
COMMENCEMENT NOTICES AND CERTIFICATES OF COMPLIANCE BEFORE CONSTRUCTION
8A. Exception to obligation to give notice.
9. Form of commencement notice.
10. Procedure on receipt of notice.
PART III
FIRE SAFETY CERTIFICATES
12. Obligation to obtain a certificate.
14. Procedure on receipt of application.
15. Consideration of application.
PART IIIA
7 DAY NOTICE, CERTIFICATES OF COMPLIANCE, REVISED FIRE SAFETY CERTIFICATE, REGULARISATION CERTIFICATE, STATUTORY DECLARATION AND 7 DAY NOTICE STATUTORY DECLARATION
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
PART V
FEES
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.
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.
35. Time for determination of appeal.
36. Powers of the Board to declare appeal withdrawn.
37. Board may dismiss appeal if vexatious etc.
39. Matters to be considered when determining an appeal.
41. Notification by Board of decision on appeal.
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 16 May 2024
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
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
|
Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
|
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
...
Statutory Instruments
|
Number and Year (1) |
Title (2) |
Provision (3) |
|
... |
... |
... |
|
S.I. No. 496 of 1997 |
Building Control Regulations 1997 |
The whole instrument. |
|
... |
... |
... |
C2
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.
...