Building Control Regulations 1997

20C

F33 [ Regularisation Certificate.

20C. F34 [ (1) Where works have been commenced or completed in respect of the construction of a building or an extension of or a material alteration to a building without a fire safety certificate as required under article 12(1) or the submission of a 7 day notice under article 20A(1) , an application shall be submitted to a building control authority for a regularisation certificate.

(2) ( a ) An application for a regularisation certificate shall be filed electronically on the Building Control Management System or set out in the form specified for that purpose in the Third Schedule .

(b) An application for a regularisation certificate shall be accompanied by—

(i) drawings of the relevant works as they have been commenced or constructed, so as to enable the building control authority to assess whether the said works, as commenced or as constructed in accordance with the said drawings, documents and information submitted, will comply or are in compliance, as appropriate, with the requirements of Part B of the Second Schedule to the Building Regulations,

(ii) a statutory declaration from the applicant in the form specified for that purpose in the Third Schedule , and

(iii) such fee as may from time to time be prescribed for that purpose in Part V .

(iv) For the purposes of paragraph (2)(b)(ii) , a copy of the statutory declaration may be submitted via the Building Control Management System.

(v) Where a copy of the statutory declaration referred to in article 20C (2)(b)(ii) , has been submitted via the Building Control Management System, the applicant shall retain the original statutory declaration and shall produce the original statutory declaration for inspection where required to do so by the building control authority.

(3) ( a ) On receipt of an application for a regularisation certificate, a building control authority shall—

(i) record the date of receipt of the application and all the documents that accompanied the application, and

(ii) consider whether the application complies with the requirements of paragraph (2) .

( b ) Where a building control authority consider that an application for a regularisation certificate complies with the requirements of paragraph (2) , they shall send to the applicant an acknowledgement in writing stating the date of receipt of the application.

( c ) Where a building control authority consider that an application for a regularisation certificate does not comply with paragraph (2) , they may, as they consider appropriate having regard to the extent of the failure to comply with the said article, by notice in writing—

(i) inform the applicant that the application is invalid and cannot be considered by the building control authority, or

(ii) require the applicant to furnish such further plans, calculations, specifications or particulars, or such additional fee, as may be necessary to comply with the said paragraph.

( d ) Where a building control authority serve a notice in accordance with subparagraph (c)(i) , they shall return to the applicant the fee which accompanied the application, and

(i) where the application has been filed electronically on the Building Control Management System, delete the application and all the documents that accompanied the application, or

(ii) where the application has not been filed electronically on the Building Control Management System, return to the applicant, the application and all the documents that accompanied the application.

(4) Where an application is made to a building control authority for a regularisation certificate, the building control authority, in considering such application, shall:

( a ) be restricted to considering only the extent to which the works, if commenced or as constructed in accordance with the drawings, documents and information submitted, will comply or are in compliance, as appropriate, with the requirements of Part B of the Second Schedule to the Building Regulations, and

( b ) have due regard to any dispensation or relaxation in respect of, or which is relevant to, the works or building to which the application relates.

(5) Where a building control authority, having considered an application for a regularisation certificate, are disposed to granting such certificate subject to any modification of the plans, documents or information to which the application relates, they may require the applicant to submit to them revised plans, documents or information providing for such modification and may decide to grant a regularisation certificate in respect of such revised plans, documents or information so submitted.

(6) ( a ) A building control authority shall, having considered an application for a regularisation certificate and following an inspection of the building pursuant to paragraph (b), grant such certificate, with or without conditions or refuse to grant the certificate, as the case may be.

( b ) An authorised person shall be entitled to enter at all reasonable times into any land (subject to his producing, if so required, his authority in writing as such person) and thereon enter and inspect, for the purposes of these Regulations, any building and any plans or documents relating to such building.

( c ) In this article, an “authorised person” means a person authorised in writing by a building control authority to be an authorised person for the purposes of these Regulations.

( d ) Subsections (3) to (7) of the Building Control Act 1990 shall apply mutatis mutandis as if any reference therein to an authorised person was a reference to an authorised person appointed pursuant to this article.

( e ) A regularisation certificate granted under this Part shall only be construed as specifying, that in the opinion of the building control authority, the works as constructed in accordance with plans, documents and information submitted, comply with the requirements of Part B of the Second Schedule to the Building Regulations, subject to compliance (within a period of 4 months there mentioned) with any conditions attached to the certificate, including conditions as to the carrying out of additional works.

(7) Where a building control authority decide to grant a regularisation certificate, with or without conditions, the form specified for that purpose in the Fourth Schedule or a form substantially to the like effect, shall be the form of every such certificate and where the regularisation certificate is granted subject to conditions, they shall inform the applicant in writing of the reasons therefor.

(8) Where a building control authority decide to refuse to grant a regularisation certificate, they shall notify the applicant in writing of their decision and the reasons therefor.

(9) Where a building control authority grant a regularisation certificate with conditions, or refuse to grant a regularisation certificate, they shall notify the applicant in writing that he may appeal to the Board against the decision of the building control authority within the period prescribed in Part VI . ] ]

Annotations

Amendments:

F33

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 7, in effect as per art. 2.

F34

Substituted (1.07.2021) by Building Control (Amendment) Regulations 2021 (S.I. No. 229 of 2021), art. 10, in effect as per art. 2.

Modifications (not altering text):

C4

Application of article modified (3.04.2020) by Building Control Regulations 2020 (S.I. No. 113 of 2020), art. 3(2), (3).

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.

(2) Subject to paragraph (3), Article 20C of the Principal Regulations shall apply in relation to works referred to in paragraph (1) as if “shall, not later than 12 months from the expiration of the relevant period (within the meaning of the Building Control Regulations 2020),” were substituted for “shall”.

(3) Article 20C of the Principal Regulations shall not apply to works in relation to a building to which paragraph (1) applies if the building is demolished or removed before the expiration of 12 months from the end of the relevant period.

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.