Building Control Regulations 1997

Application.

3

3. (1) Part II, subject to the provisions of that Part, applies to works, or a building as regards which a material change of use takes place, where the works commence or the material change of use takes place on or after the date referred to in article 2.

(2) Part III, subject to the provisions of that Part, applies to works, or a building as regards which a material change of use takes place, where—

(a) the works commence or the material change of use takes place on or after the date referred to in article 2, and

(b) Part III of the Building Control Regulations, 1991 and 1994, does not apply in relation to the works or building.

(3) Part IV applies in relation to—

(i) notices given to, applications made to, decisions made by, and enforcement notices served by, a building control authority,

(ii) determinations made by An Bord Pleanála, and

(iii) decisions made by a District Court,

as appropriate, on or after the date referred to in article 2.

(4) Part V, subject to the provisions of that Part, applies to—

(a) applications or notices,

(b) appeals, or

(c) copies of documents referred to in article 23(3),

which are made, given or requested, as the case may be, on or after the-date referred to in article 2.

F1 [ (5) ( a ) Parts IIIA and Parts IIIB , subject to the provisions of those Parts, apply to works or a building as regards which a material change of use takes place, where the works commence or the material change of use takes place on or after the date those Parts come into effect.

( b ) Subparagraph ( a ) does not apply to Article 20C . ]

F2 [ (6)( a ) Notwithstanding the requirements arising at Articles 9, 20A, 20F and 21 in respect of the assignment of an Assigned Certifier and the lodgement of an Inspection Plan, in the case of the classes of buildings referred to at paragraph ( b ) , for the period of the transitional arrangements set out at paragraph ( c ) , these requirements may be fulfilled by the lodgement of such Inspection Plan, inspection records and certificates as may be deemed appropriate and necessary by the Oversight Group in order to demonstrate that compliance with the requirements of the Second Schedule to the Building Regulations has been achieved for the building or works concerned.

( b ) The provisions at paragraph ( a ) may apply to the following categories of buildings

(i) buildings intended for use as places of first level, second level or third level education;

(ii) buildings intended for use as hospitals and primary care centres.

( c ) The provisions at paragraph ( a ) shall only apply to buildings referred to at paragraph ( b ) where each of the following circumstances has been fulfilled

(i) planning permission, where applicable, has been obtained before 1 March 2014;

(ii) contract documents have been signed before 1 November 2014; and

(iii) a valid commencement notice has been lodged with the building control authority no later than 1 March 2015. ]

Annotations

Amendments:

F1

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

F2

Inserted (1.03.2014) by Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014), art. 4, in effect as per art. 2.