Building Control (Amendment) Regulations 2018.

 
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Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th December, 2018.

I, DAMIEN ENGLISH, Minister of State at the Department of Housing, Planning and Local Government, in exercise of the powers conferred on me by sections 3 6 17 and 18 of the Building Control Act 1990 (No. 3 of 1990) (as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 358 of 2017 )), which powers are delegated to me by the Housing, Planning, Community and Local Government (Delegation of Ministerial Functions) (No. 2) Order 2017 ( S.I. No. 352 of 2017 ), hereby make the following regulations:

Citation

1. (1) These Regulations may be cited as the Building Control (Amendment) Regulations 2018.

(2) The Principal Regulations and these Regulations may be cited together as the Building Control Regulations 1997 to 2018 and shall be construed together as one.

Commencement

2. These Regulations come into operation on 17 December 2018.

Interpretation generally

3. In these Regulations:

“Principal Regulations” means the Building Control Regulations 1997 ( S.I. No. 496 of 1997 ) as amended by the Building Control (Amendment) Regulations 2000 ( S.I. No. 10 of 2000 ), the Building Control (Amendment) Regulations 2004 ( S.I. No. 85 of 2004 ), the Building Control (Amendment) Regulations 2009 ( S.I. No. 351 of 2009 ), the Building Control (Amendment) Regulations 2014 ( S.I. No. 9 of 2014 ), the Building Control (Amendment) (No.2) Regulations 2014 ( S.I. No. 105 of 2014 ), the Building Control (Amendment) Regulations 2015 ( S.I. No. 243 of 2015 ) and the Building Control (Amendment) (No. 2) Regulations 2015 ( S.I. No. 365 of 2015 ).

Amendment of Article 20D of the Principal Regulations

4. The Principal Regulations are amended by:

(a) substituting for Article 20D the following—

“(1) Subject to sub-article (2) and articles 3 and 6, a certificate of compliance with respect to requirements under Part M of the Second Schedule of the Building Regulations (hereinafter referred to as a ‘disability access certificate’) shall be required in respect of—

(a) works in connection with the design and construction of a new building,

(b) works in connection with the material alteration of—

(i) a day centre,

(ii) a hotel, hostel or guest building, or

(iii) an institutional building, or

(iv) a place of assembly, or

(v) a shopping centre,

but excluding works to such buildings, consisting solely of minor works,

(c) works in connection with the material alteration of a shop, office or industrial building where—

(i) additional floor area is being provided within the existing building, or

(ii) the building is being subdivided into a number of units for separate occupancy,

(d) works in connection with the extension of a building by more than 25 square metres,

(e) a building as regards which a material change of use takes place, where a building which was not being used as—

(i) a day centre, becomes so used, or

(ii) a hotel, hostel or guest building, becomes so used, or

(iii) an institutional building, becomes so used, or

(iv) a place of assembly, becomes so used, or

(v) a shop (which is not ancillary to the primary use of the building), becomes so used, or

(vi) a shopping centre, becomes so used,

to which the requirements of Part M of the Second Schedule to the Building Regulations apply.

(2) For the purposes of this Part, the following buildings are exempted—

(a) a building which—

(i) is used exclusively for the storage of materials or products, for the accommodation of plant or machinery or in connection with the housing, care or management of livestock,

(ii) is used solely for the purpose of agriculture, and

(iii) is a building in which the only persons habitually employed are engaged solely in the care, supervision, regulation, maintenance, storage or removal of the materials, products, plant, machinery or livestock in the building,

and which is either attached to another such building or detached from any other building,

(b) a building used as a dwelling other than a flat,

(c) a building used as a domestic garage,

(d) a building (other than one described in (c)) ancillary to a dwelling (such as a summer house, poultry-house, aviary, conservatory, coal shed, garden tool shed or bicycle shed) which is used exclusively for recreational or storage purposes or the keeping of plants, birds or animal for domestic purposes and is not used for the purposes of any trade or business or for human habitation,

(e) a building used solely to enable inspection, repair or maintenance of fixed plant, building services, or machinery,

or to works in connection with such a building provided that, after the works are carried out, the building is or continues to be a building referred to in paragraphs (a) to (e).

(3) Where a disability access certificate is required in respect of all works or buildings to which this Part applies, a person shall make an application to the building control authority for such certificate and not carry out such works or make a material change of use as regards such a building in contravention of Part M of the Building Regulations or any conditions subject to which the certificate is granted.

(4)(a) An application for a disability access certificate shall be in the form specified for that purpose in the Third Schedule.

(b) An application for a disability access certificate shall be accompanied by—

(i) such plans, (including a site or layout plan) (in duplicate) and such other particulars as are necessary to—

(I) identify and describe the works or building to which the application relates,

(II) enable the building control authority to assess, whether the said works or building would, if constructed in accordance with the said plans and other particulars, comply with the requirements of Part M of the Second Schedule to the Building Regulations,

(III) identify the nature and extent of the proposed use and, where appropriate, of the existing use of the building concerned, and

(ii) such fee as may from time to time be prescribed for that purpose in Part V.

(5)(a) On receipt of an application for a disability access certificate, a building control authority shall—

(i) stamp the documents with the date of receipt, and

(ii) consider whether the application complies with the requirements of paragraph (4).

(b) Where a building control authority consider that an application for a disability access certificate complies with the requirements of paragraph (4), they shall send to the applicant an acknowledgement stating the date of receipt of the application.

(c) Where a building control authority consider that an application for a disability access certificate does not comply with paragraph (4), they may, as they consider appropriate, having regard to the extent of the failure to comply with the said paragraph, by notice in writing—

(i) inform the applicant that the application is invalid and cannot be considered by the authority, or

(ii)...

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