Building Control Regulations 1997

Refund of fee in case of certain repeat applications.

26

26. (1) Subject to sub-articles (3) and (4), where a commencement notice is given to a building control authority and a subsequent commencement notice is submitted by or on behalf of the same person, the authority shall, subject to the provisions of Part B of the Fifth Schedule, refund three quarters of the fee paid to it in respect of the subsequent commencement notice.

(2) Subject to sub-articles (3) and (4), where—

( a) a decision has been made by a building control authority on an application for a fire safety certificate, F57 [ a revised fire safety certificate, a regularisation certificate, a disability access certificate, a revised disability access certificate or the submission of a 7 day notice, ] or

( b) an appeal against a decision of a building control authority on an application for a fire safely certificate F58 [ , a revised fire safety certificate, a regularisation certificate, a disability access certificate or a revised disability access certificate ] has been determined by the Board,

and a subsequent such application is made by or on behalf of the same applicant, the building control authority shall, subject to the provision: of Part B of the Fifth Schedule, refund three quarters of the fee paid to it in respect of the subsequent application.

(3) Sub-articles (1) or (2) shall apply if the building control authority is of the opinion that—

( a) the works forming the subject of the first commencement notice or application for a fire safety certificate F59 [ , revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate or the submission of a 7 day notice ] and the subsequent such notice or application, as the case may be, are substantially—

(i) of the same design and construction, and

(ii) on land consisting of the same site or part of the site, and

( b) a fee under these Regulations or Building Control Act (Fees) Regulations, 1992 (as amended), in respect of the first commencement notice or application for a fire safety certificate, F60 [ , revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate or submission of a 7 day notice ] as the case may be, has been paid, and

( c) the period between the giving or making, as the case may be, of the first commencement notice or application for a fire safety certificate, F61 [ revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate or submission of a 7 day notice, ] and the subsequent such notice or application, as the case may be, does not exceed twelve months, and

( d) in the case of sub-article (1), no previous refund under these Regulations has at any time been made to the person giving the commencement notice, in respect of a commencement notice which related substantially to the same land and to works or a building of the same character or description as those to which the subsequent notice relates, and

( e) in the case of sub-article (2), no previous refund under these Regulations or the Building Control Act (Fees) Regulations, 1992 (as amended), has at any time been made to the same applicant in respect of an application for a fire safety certificate F62 [ , a revised fire safety certificate, a regularisation certificate, a disability access certificate, a revised disability access certificate or the submission of a 7 day notice ] which related substantially to the same land and to works or a building of the same character or description as those to which the subsequent application relates.

(4) A refund under this article shall be made on a claim in that behalf made in writing to the building control authority and received by it within (but not after) the period of two months beginning on the day of giving or making of the subsequent commencement notice or application for a fire safety certificate F63 [ , revised fire safety certificate, a regularisation certificate, disability access certificate, revised disability access certificate or submission of a 7 day notice ] (as the case may be).

Annotations

Amendments:

F57

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 15(1), in effect as per art. 2.

F58

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 15(2), in effect as per art. 2.

F59

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 15(3), in effect as per art. 2.

F60

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 15(4), in effect as per art. 2.

F61

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 15(5), in effect as per art. 2.

F62

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 15(6), in effect as per art. 2.

F63

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 15(7), in effect as per art. 2.