Building Control Regulations, 1991

• Jurisdiction: Ireland
• Citation: IR SI 305/1991
• Year: 1991

S.I. No. 305 of 1991.
BUILDING CONTROL REGULATIONS, 1991.
The Minister for the Environment, in exercise of the powers conferred on him by sections 6 and 18 of the Building Control Act, 1990 (No. 3 of 1990), hereby makes the following Regulations:—
PART I Preliminary and General
	1 Citation.	1. These Regulations may be cited as the Building Control Regulations, 1991.
	2 Commencement.	2. These Regulations shall come into operation on the 1st day of June, 1992.
	3 Interpretation.	3. (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 ;
"building control authority" means a building control authority as defined in section 2 of the Act;
"Building Regulations" means the building Regulations, 1991;
"drainage system", in relation to a building, means the system of pipes and drains used for the drainage of the building, including all other fittings, appliances and equipment so used but excluding subsoil water drains;
"fire safety certificate" means a certificate under section 6 (2) (a) (ii) of the Act;
"flat" includes a self-contained dwelling forming part of any structure;
	4 Application of these Regulations to building control authority.	4. These Regulations shall not apply to—
(a) the design or construction of a building which is carried out by, or on behalf of, a building control authority, or
(b) a material change of use of a building in the possession of a building control authority,
where the building or works is or will be situated within the functional area of the building control authority concerned.
PART II Notices to Building Control Authorities
	5 Application of Part II.	5. (1) Subject to sub-article (2), the provisions of this Part shall apply to—
(a) the erection of a building,
(b) the material alteration or extension of a building, and
(c) a material change of use of a building,
to which the Building Regulations apply, other than exempted development for the purposes of the Local Government (Planning and Development) Acts, 1963 to 1990.
(2) Notwithstanding sub-article (1), the provisions of this Part shall apply to any building or works to which Part III applies.
	6 Notices.	6. A person who intends to carry out any works, or to make a material change in the use of a building, to which this Part applies, shall give to the building control authority in whose functional area the building or proposed building is or will be situated notice in writing of such intention (in these Regulations referred to as a "commencement notice"), not less than seven days and not more than twenty-one days before the commencement of the works or the making of the material change of use, as the case may be.
	7 Commencement notice.	7. A commencement notice shall contain or be accompanied by—
(a) particulars of the location of the building to which the notice relates and the use or intended use of the building,
(b) a description of the proposed works or material change of use,
(c) the name and address of—
(i) the owner of the building or works to which the notice relates, and
(ii) any other person who is to carry out the works to which the notice relates,
(d) the name and address of the person or persons from whom such plans, documents and information, as may be necessary to show that the building or works will comply with the requirements of the Building Regulations, may be obtained, and
(e) the name and address of the person or persons from whom notification of
(i) the pouring of any foundations, or
(ii) the covering up of any drainage system
may be obtained,
and shall be signed by the person giving the notice, or on behalf of that person.
PART III Fire Safety Certificates
	8 Application of Part III.	8. The provisions of this Part shall apply to—
(a) the erection of a building,
(b) the material alteration or extension of a building,
(c) a material change of use of a building,
to which the requirements of Part B of the First Schedule to the Building Regulations apply except where the building is proposed to be used as a dwelling (other than a flat).
	9 Obligation to obtain a fire safety certificate.	9. (1) A fire safety certificate shall be required in respect of every building and works to which article 8 applies.
(2) A person shall not carry out any works or make a material change in the use of a building in respect of which a fire safety certificate is required—
(a) in the absence of such a certificate, or
(b) in contravention of any condition attached to the certificate.
(3) Notwithstanding sub-article (1), a fire safety certificate shall not be required in respect of—
(a) works commenced, or
(b) a material change of use of a building made,
before the 1st day of August, 1992.
	10 Applications for fire safety certificates.	10. An application for a fire safety certificate shall be made in the form set out in the First Schedule, or a form substantially to the like effect, and shall be accompanied by—
(a) such plans (including a site or layout plan and drawings of floor plans, elevations and sections) (in duplicate), calculations, specifications and such other particulars as are necessary to—
(i) identify and describe the building or works to which the application relates, and
(ii) show that the said building or works will comply with the requirements of Part B of the First Schedule to the Building Regulations,
(b) particulars of the nature and extent of the proposed use and, where appropriate, of the existing use, of the building, and
(c) such fee (if any) for submission of an application for a fire safety certificate as may from time to time be prescribed in regulations made under the Act.
	11 Applications not complying with article 10.	11. A building control authority shall reject as invalid an application for a fire safety certificate which does not comply with the requirements of article 10.
	12 Procedure on receipt of application.	12. On receipt of an application for a fire safety certificate, a building control authority shall—
(a) stamp the documents with the date of their receipt, and
(b) send an acknowledgement to the applicant stating the date of receipt of the application.
	13 Consideration of applications for fire safety certificates.	13. (1) Where an application is made to a building control authority for a fire safety certificate, the authority, in considering such application, shall—
(a) be restricted to considering only the extent to which the design of the building or works complies with the requirements of Part B of the First Schedule to the Building Regulations, and
(b) have due regard to any dispensation from, or relaxation of, Building Regulations granted under section 4, 5 or 7 of the Act in respect of, or which is relevant to, the building or works to which the application relates.
(2) A building control authority shall, having considered an application for a fire safety certificate, grant the certificate, with or without conditions, or refuse to grant the certificate, as the case may be.
	14 Provision of Building Regulations to which fire safety certificates apply.	14. A fire safety certificate granted under this Part shall only be construed as certifying that the building, if constructed in accordance with the plans, documents and information submitted, would comply with the requirements of Part B of the First Schedule to the Building Regulations.
	15 Revised plans etc.	15. Where a building control authority, having considered an application for a fire safety certificate, are disposed to granting such certificate subject to any modification of the plans, specifications or particulars to which the application relates, they may invite the applicant to submit to them revised plans, specifications or other particulars providing for such modification and may decide to grant a fire safety certificate in respect of such revised plans, specifications or particulars so submitted.
	16 Grant of fire safety certificate.	16. Where a building control authority decide to grant a fire safety certificate with or without conditions, the form set out in the Second Schedule or a form substantially to the like effect, shall be the form of every such certificate and where the fire safety certificate is granted subject to conditions, they shall inform the applicant in writing of the reasons therefor.
	17 Refusal of fire safety certificate.	17. Where a building control authority decide to refuse to grant a fire safety certificate, they shall notify the applicant in writing of their decision and the reasons therefor.
	18 Application of right of appeal.	18. Where a building control authority grant a fire safety certificate with conditions, or refuse to grant a fire safety certificate, they shall notify the applicant that he may appeal to An Bord Pleanala against the decision of the building control authority within the period prescribed in regulations made under section 7 of the Act.
PART IV The Register
	19 Registration.	19. (1) A building control authority shall keep a register of all applications for fire safety certificates and shall enter in...