Building Control Regulations 1997

Matters to be considered when determining an appeal.

39

39. When an appeal is made to the Board under section 7(1)(b) F69 [ , section 7(1)(d) or section 7(1)(e) ] of the Act, the Board in considering such appeal shall—

(a) be restricted to considering the extent to which the design of the building complies with the requirements of Part B F70 [ or Part M ] of the Second Schedule to the Building Regulations, and

(b) have due regard to any dispensation from, or relaxation of, a requirement of Building Regulations granted under Section 4 or 5 of the act in respect of, or which is relevant to, such building.

Annotations

Amendments:

F69

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 17, in effect as per art. 2.

F70

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 18, in effect as per art. 2.