5. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations, a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

(4) In these Regulations, save where the context otherwise requires—

"the Act" means the Building Control Act, 1990;

"agriculture" includes horticulture. fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, the use of land for turbary, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly;

"basement storey" means a storey which is below the ground storey or, where there is no ground storey, means a storey the top surface of the floor of which is situated at such a level or levels that some point on its perimeter is more than 1.2 metres below the level of the finished surface of the ground adjoining the building in the vicinity of that point

"Building Control Regulations, 1991 and 1994" means the Building Control Regulations, 1991 (S.I. No. 305 of 1991) as amended by the Building Control (Amendment) Regulations, 1994 (S.I. No. 153 of 1994);

F1[“care facility building” includes a hospital, nursing home, home for older people or for children, school, or other similar establishment used as living accommodation, or for the treatment, care or support of people with illness, mental health difficulties, or disabilities, where such people sleep on the premises;]

F2[“changing places toilet” means an accessible sanitary facility with a toilet, hoist, basin, adult-sized changing bench and optional shower, with adequate space for use by persons with a range of abilities who may require assistance;]

"Construction Products Directive" means Directive 89/106/EEC adopted by the Council of the European Communities on 21 December, 1988 (published in the Official Journal of the European Communities (No. L 40 Volume 32) of 11 February, 1989), as amended by Directive 93/68/EEC of 22 July, 1993 (published in the Official Journal (No. L220 Volume 36) of 30 August, 1993);

"day centre" means a building used for the provision of treatment or care to persons where such persons do not stay overnight and includes a day care centre, a creche, a pre-school and a day nursery;

"domestic garage" means a building ancillary to a dwelling which is used, or suitable for use, for the storage of a motor vehicle or vehicles and is not used for the purposes of any trade or business;

"dwelling" means a house or flat forming a separate unit of residential accommodation;

"flat" means separate and self-contained premises constructed or adapted for residential use and forming part of a building from some other part of which it is divided horizontally;

"ground storey" means a storey the top surface of the floor of which is situated at such a level or levels that no point on its perimeter is more than 1.2 metres below the level of the finished surface of the ground adjoining the building in the vicinity of that point or, if there is more than one such storey, means the lowest of these;

"guest building" means a building (other than a hotel or hostel) providing overnight guest accommodation for reward, and includes a guesthouse;

"industrial building" includes a factory or other premises used for manufacturing, altering, repairing, cleaning, washing, breaking-up, adapting or processing any article, generating power or slaughtering livestock;

F1[“industrial building – high hazard” means an industrial building—

(a) the contents of which, when ignited, are likely to cause the rapid spread of fire, smoke or fumes and which contents may be solid, liquid, or gaseous and may also be present as dust, spray, mist or vapour,

(b) that contains highly flammable or explosive materials,

(c) that contains areas which, due to their function, may present a greater risk of fire occurring and developing than elsewhere such as manufacturing processes handling highly flammable liquids, or

(d) used for manufacturing, processing, repairing, cleaning, washing, breaking up or otherwise treating any hazardous substance;]

F1[“industrial building – normal hazard” means an industrial building other than an industrial building – high hazard;]

F3[…];

"material change of use" has the meaning assigned to it in article 13;

"the Minister" means the Minister for the Environment and Local Government;

F4[“nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with Annex I to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) (O.J. No. L 153, 18.6.2010, page 13). The nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;]

"office" includes premises used for the purpose of administrative or clerical work (including writing, book keeping, sorting papers, filing. typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication, handling money (including banking and building society work) or telephone system operation);

F5[“place of assembly” includes—

(a) a theatre, public library, hall or other building of public resort used for social or recreational purposes,

(b) a non-residential school or other educational establishment,

(c) a place of public worship,

(d) a public house, restaurant or similar premises used for the sale to members of the public of food or drink for consumption on the premises,

(e) a sports pavilion, stadium, grandstand, or other audience or spectator facilities, and

(f) a terminus, station or other facility for air, rail, road or sea travel,

but no building shall be treated as a place of assembly solely because it is a building to which members of the public are occasionally admitted;]

"repair or renewal" means works of maintenance or restoration of a routine nature relating to —

(a) the keeping of a building in good condition or working order, or

(b) the return of the fabric of a building to its original condition;

"shop" includes a building used for retail or wholesale trade or business (including retail sales by auction, self-selection and over-the-counter wholesale trading, the business of leading books or periodicals for gain and the business of a barber or hairdresser) and premises to which the public is invited to deliver or to collect goods in connection with their hire, repair or other treatment, or where they themselves may carry out such repairs or other treatments;

"shopping centre" includes a building which comprises a number of individually occupied premises to which common access is provided principally for the benefit of shoppers;

"single storey building" means a building consisting of a ground storey or a basement storey only;

F1[“storage building – high hazard” means a building—

(a) used for the storage of goods that, when ignited, are likely to cause the rapid spread of fire, smoke or fumes and which goods may be solid, liquid, or gaseous and may also be present as dust, spray, mist or vapour,

(b) used for the storage of highly flammable or explosive materials,

(c) used for the storage of hazardous goods or materials,

(d) used for the storage of vehicles containing hazardous goods or materials, or

(e) that contains high-rack storage of significant height;]

F1[“storage building – normal hazard” means any storage building other than a storage building – high hazard, and includes a building used for parking vehicles, designed to admit or accommodate only passenger vehicles or other light goods vehicles, not more than 2,500 kilograms vehicle weight;]

"works" includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building.