Building control act, 1990

• Enactment Date: 21 March 1990
• Act Number: 3

Number 3 of 1990
BUILDING CONTROL ACT, 1990
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Building control authorities. 3. Building regulations. 4. Dispensation or relaxation of building regulations. 5. Dispensation or relaxation in relation to specified works or material. 6. Building control regulations. 7. Appeals. 8. Enforcement notice. 9. Application to District Court in relation to enforcement notice. 10. Service of enforcement notice. 11. Powers of inspection by authorised persons. 12. Order of High Court in relation to buildings and works. 13. Power to prohibit the use of certain materials etc. 14. Building Regulations Advisory Body. 15. Authenticity of documents. 16. Offences. 17. Penalties. 18. Orders and regulations. 19. Expenses of Minister. 20. Expenses of building control authorities. 21. Limitation on civil proceedings. 22. Transitional. 23. Multi-storey buildings. 24. Repeals. 25. Short title and commencement.
FIRST SCHEDULE
Matters for which Building Regulations may prescribe Standards.
SECOND SCHEDULE
Part I
Repeals of Local Government (Planning and Development) Act, 1963 (as amended by the Local Government (Planning and Development) Act, 1976).
Part II
Repeals of Local Government (Planning and Development) Act, 1976.
Acts Referred to Arbitration Act, 1954 1954, No. 26 Companies Acts, 1963 to 1986 Criminal Procedure Act, 1967 1967, No. 12 Dublin Corporation Act, 1890 1890, c. 246 Factories Act, 1955 1955, No. 10 Fire Services Act, 1981 1981, No. 30 Local Government Act, 1955 1955, No. 9 Local Government (Multi-Storey Buildings) Act, 1988 1988, No. 29 Local Government (Planning and Development) Act, 1963 1963, No. 28 Local Government (Planning and Development) Act, 1976 1976, No. 20 Local Government (Planning and Development) Acts, 1963 to 1983 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Public Health (Ireland) Act, 1878 1878, c. 52 Public Health Acts (Amendment) Act, 1890 1890, c. 59
Number 3 of 1990
BUILDING CONTROL ACT, 1990
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF BUILDING CONTROL AUTHORITIES AND THE MAKING OF BUILDING REGULATIONS AND BUILDING CONTROL REGULATIONS AND TO PROVIDE FOR MATTERS RELATING TO THE CONSTRUCTION OF BUILDINGS AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [21st March, 1990]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1)In this Act—
	“authorised person” has the meaning assigned to it by section 11 ;
	“building” includes part of a building and any class or classes of structure which are prescribed by the Minister to be a building for the purposes of this Act;
	“building control authority” means a local authority to which section 2 applies;
	“building control regulations” means regulations made by the Minister pursuant to section 6 ;
	“building regulations” means regulations made by the Minister pursuant to section 3 ;
	“Building Regulations Advisory Body” means the body established pursuant to section 14 ;
	“construction” includes the execution of works in connection with buildings and any act or operation necessary for or related to the construction, extension, alteration, repair or renewal of a building and “constructed” shall be construed accordingly;
	“design” includes the preparation of plans, particulars, drawings, specifications, calculations and other expressions of purpose according to which the construction, extension, alteration, repair or renewal concerned is to be executed and “designed” shall be construed accordingly;
	“enforcement notice” has the meaning assigned to it by section 8 ;
	“fire authority” means a fire authority within the meaning of the Fire Services Act, 1981 ;
	“functional area” has, in relation to a building control authority, the meaning assigned to it by section 2 (3);
	“functions” includes powers and duties;
	“the Minister” means the Minister for the Environment;
	“operative day” has the meaning assigned to it by section 22 ;
	“prescribed” means prescribed by regulations made by the Minister;
	“works” includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building.
	(2) A reference in this Act to a section is to a section of this Act unless it is indicated that reference to some other enactment is intended.
	(3) A reference in this Act to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.
	(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.
	Building control authorities.	2.—(1) Each of the following local authorities shall be a building control authority for the purposes of this Act—
	(a) the council of a county,
	(b) the corporation of a county borough,
	(c) the Corporation of Dún Laoghaire,
	(d) subject to subsection (2), the Corporation of any other borough and the council of any urban district which is, at the commencement of this Act, a fire authority.
	(2) (a) Where the Minister, by order under section 9 (2) of the Fire Services Act, 1981 , provides that section 9 (1) (d) of that Act shall cease to apply to a particular corporation or council, that body shall cease to be a building control authority within the meaning of this Act on the day specified in that behalf in the order.
	(b) Where the Minister, by order under section 9 (2) of the Fire Services Act, 1981 , provides that section 9 (1) (d) of that Act shall cease to apply to a particular corporation or council, section 17 of that Act shall apply to a building control authority referred to in paragraph (a) of this subsection as if it were a fire authority subject to such modifications and ancillary provisions as the Minister considers necessary and provides in the order.
	(3) The functional area of a building control authority shall be—
	(a) in the case of a council of a county, the administrative county, excluding any borough or urban district, the corporation or council of which is for the time being a building control authority pursuant to the provisions of subsection (1) (d),
	(b) in the case of any other local authority, its administrative area.
	(4) Building control authorities may make arrangements for the joint performance of any of their functions.
	(5) Where it appears to the Minister that an agreement under section 59 of the Local Government Act, 1955 , ought to be made between two or more building control authorities for the purpose of any of their functions, he may, after affording an opportunity to the authorities concerned to make representations to him, require those authorities to enter into such an agreement, and the Minister may direct that any such agreement shall contain such terms as he may specify and the authorities concerned shall comply with any directions given under this subsection by the Minister.
	Building regulations.	3.—(1) The Minister may, for any of the purposes specified in subsection (2), make regulations (in this Act referred to as “building regulations”) in relation to all or any of the following—
	(a) the design and construction of buildings;
	(b) material alterations or extensions of buildings;
	(c) the provision of services, fittings and equipment in, or in connection with, buildings;
	(d) buildings as regards which any material change takes place in the purposes for which the buildings are used.
	(2) Building regulations may be made for all or any of the following purposes—
	(a) making provision for securing the health, safety and welfare of—
	(i) persons in or about buildings, and
	(ii) persons who may be affected by buildings or by matters connected with buildings;
	(b) making provision for the special needs of disabled persons in relation to buildings;
	(c) making provision for the conservation of fuel and energy in relation to buildings;
	(d) making provision for securing in relation to buildings the efficient use of resources;
	(e) making provision for the encouragement of good building practice; and
	(f) making provision for such other matters as appear to the Minister to be necessary or expedient and are specified in the regulations.
	(3) In addition to the provisions of any regulations made for the purposes of subsection (1)(d), there shall be deemed to be a material change in the purposes for which a building is used if, on or after the operative day—
	(a) a building, being a building which was not originally constructed for occupation as a dwelling, or which, though so constructed, has been appropriated to other purposes, becomes used as a dwelling,
	(b) a building, being a building which was originally constructed for occupation as a dwelling by one family only, becomes occupied by two or more families, or
	(c) where building regulations contain special provisions in relation to buildings used for any particular purpose, a building to which the regulations apply and which was not being used for that purpose, becomes so used.
	(4) Building regulations which relate to—
	(a) buildings as regards which any material change takes place in the purposes for which the buildings are used, or
	(b) material alterations or extensions of buildings, or
	(c) the provision of services, fittings or equipment, in or in connection with, buildings,
	may apply to a building, the construction of which was commenced...