Building Control Regulations 1997

20E
20E

F38 [ Revised Disability Access Certificate.

20E. F39 [ (1) A revised disability access certificate shall be required where significant revision is made to the design or works of a building or an extension of, a material alteration to or a material change of use of a building in respect of which a disability access certificate has been granted by a building control authority.

(2) ( a ) An application for a revised disability access 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 ) Subject to subparagraph (c) , an application for a revised disability access certificate shall be accompanied by—

(i) such revised plans, (including a site or layout plan)(in duplicate) and such other revised particulars as are necessary to—

(I) identify and describe the works or building to which the application relates,

(II) enable the building control authority to assess, whether the said works or building would, if constructed in accordance with the said plans and other particulars, comply with the requirements of Part M of the Second Schedule to the Building Regulations,

(III) identify the nature and extent of the proposed use and, where appropriate, of the existing use of the building concerned, and

(ii) such fee as may from time to time be prescribed for that purpose in Part V of these Regulations.

( c ) Where an application and the documents that accompanied the application are filed electronically on the Building Control Management System, duplicate copies are not required.

(3) ( a ) On receipt of an application for a revised disability access 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 revised disability access 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 revised disability access 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 paragraph, 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 article.

( 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) Article 20D(6) , 20D(7) and 20D(8) shall apply mutatis mutandis as if any reference therein to an application or an application for a disability access certificate were a reference to an application for a revised disability access certificate and any reference to a certificate or a disability access certificate shall be construed accordingly.

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

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

(7) Where a building control authority grant a revised disability access certificate with conditions, or refuse to grant a revised disability access 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:

F38

Inserted (1.01.2010) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 8, in effect as per art. 2.

F39

Substituted (1.07.2021) by Building Control (Amendment) Regulations 2021 (S.I. No. 229 of 2021), art. 12, in effect as per art. 2.

Editorial Notes:

E12

Previous affecting provision: paras. (3)(d), (4) amended (17.12.2018) by Building Control (Amendment) Regulations 2018 (S.I. No. 526 of 2018), art. 5(a), (b), in effect as per art. 2; article substituted as per F-note above.