Building Control Regulations, 1997

• Jurisdiction: Ireland
• Year: 1997
• Citation: IR SI 496/1997

PART I
PRELIMINARY AND GENERAL
Article
1. Citation.
2. Commencement.
3. Application.
4. Revocation.
5. Interpretation.
6. Exemptions.
PART II
COMMENCEMENT NOTICES
7. Application of Part II.
8. Obligation to give notice.
9. Form of notice.
10. Procedure on receipt of notice.
PART III
FIRE SAFETY CERTIFICATES
11. Application of Part III.
12. Obligation to obtain a certificate.
13. Form of application.
14. Procedure on receipt of application.
15. Consideration of application.
16. Revised plans
17. Decision on application.
18. Grant of certificate.
19. Refusal of certificate.
20. Right of appeal.
PART IV
THE REGISTER
21. Register.
PART V
FEES
22. Exemption.
23. Requirement to pap fee.
24. Standard fee.
25. Fee for alternative proposals.
26. Refund of fee in case of certain repeat applications.
PART VI
APPEALS
27. Provisions as to making of appeal.
28. Time For appeal etc.
29. Observations on appeal.
30. Documents, information etc. in relation to appeal.
31. Power of Board to request submissions or observations.
32. Power of Board to require submission of documents etc.
33. Power of the Board where notice served under article 31 or 32.
34. Convening of meetings.
35. Time for determination of appeal.
36. Powers of the Board to declare appeal withdrawn.
37. Board may dismiss appeal if vexatious.
38. Inspections and reports.
39. Matters to be considered when determining an appeal.
40. Determination of appeal.
41. Notification by Board of decision on appeal.
42. Issue of fire safety certificate.
FIRST SCHEDULE
REGULATIONS REVOKED
SECOND SCHEDULE
FORM OF COMMENCEMENT NOTICE
THIRD SCHEDULE
FORM Of APPLICATION FOR A FIRE SAFETY CERTIFICATE
FOURTH SCHEDULE
FORM OP FIRE SAFETY CERTIFICATE
FIFTH SCHEDULE
FEES
S.I. No. 496 of 1997
BUILDING CONTROL REGULATIONS, 1997
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 4 , 6 , 7 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, 1997.
	2 Commencement.	2. These Regulations shall come into operation on the 1st day of July, 1998.
	3 Application.	3. (1) Part II, subject to the provisions of that Part, applies to works, or a building as regards which a material change of use takes place, where the works commence or the material change of use takes place on or after the date referred to in article 2.
(2) Part III, subject to the provisions of that Part, applies to works, or a building as regards which a material change of use takes place, where—
(a) the works commence or the material change of use takes place on or after the date referred to in article 2, and
(b) Part III of the Building Control Regulations, 1991 and 1994, does not apply in relation to the works or building.
(3) Part IV applies in relation to—
(i) notices given to, applications made to, decisions made by, and enforcement notices served by, a building control authority,
(ii) determinations made by An Bord Pleanála, and
(iii) decisions made by a District Court,
as appropriate, on or after the date referred to in article 2.
(4) Part V, subject to the provisions of that Part, applies to—
(a) applications or notices,
(b) appeals, or
(c) copies of documents referred to in article 23(3),
which are made, given or requested, as the case may be, on or after the-date referred to in article 2.
	4 Revocation.	4. (1) The regulations specified in the First Schedule are hereby revoked.
(2) Notwithstanding sub-article (1), Part III of the Building Control Regulations, 1991 and 1994, shall, subject to the provisions of those regulations, continue to apply in relation to works, or a building as regards which a material change of use takes place, where—
(a) an application for a fire safety certificate in respect of the works or the building under those regulations is made before the date referred to in article 2, and
(b) the application is granted, and
(c) the works commence or the material change of use takes place between the date referred to in article 2 and the 31st day of December, 2002.
	5 Interpretation	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 (No. 3 of 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;
"appeal" means an appeal to the Board under section 7(1)(a) or 7(1)(b) of the Act;
"application" means—
(a) an application under section 4 of the Act for a dispensation from, or a relaxation of, a requirement of Building Regulations, or
(b) an application for a fire safety certificate;
"the Board" means An Bord Pleanála;
"building control authority" means a building control authority as defined in section 2 of the Act;
"Building Control Regulations, 1991 and 1994" means the Building Control Regulations, 1941 ( S.I. No. 305 of 1991 .) as amended by the Building Control (Amendment) Regulations, 1994 ( S.I. No. 153 of 1994 );
"Building Regulations" means the Building Regulations, 1997;
"commencement notice" means a notice referred to in section 6(2)(k) of the Act;
"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 pre-school, a creche, and a day nursery;
"dispensation or relaxation" means a dispensation or a relaxation, under section 4 of the Act, from or of, as the case may be, any requirement of regulations made under section 3 of the Act;
"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;
"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;
"an enforcement notice" means a notice served under section 8 of the Act;
"fire safety certificate" means a certificate referred to in section 6(2)(a)(ii) of the Act;
"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;
"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;
"institutional building" includes a hospital, nursing home, home for old people or for children, school or other similar establishment used as living accommodation or for the treatment. care or maintenance of persons suffering from illness or mental or physical disability or handicap. where such persons sleep on the premises;
"material alteration" means as alteration (other than a repair or renewal), where the work, or any part of the work. carried out by itself would be subject to a requirement of Part A or B of the Second Schedule to the Building Regulations;
"material change of use" means—
(a) a change of use, deemed by Section 3(3) of the Act to be a material change of use, takes place, or
(b) 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 industrial building, becomes so used, or
(iv) an institutional building, becomes so used, or
(v) as office (which is not ancillary m the primary use of the building), becomes so used, or
(vi) a place of assembly, becomes so used, or
(vii) a shop (which is not ancillary to the primary use of the building), becomes so used, or
(viii) a shopping centre, becomes so used;
"minor works" means works consisting of the installation, alteration or removal of a fixture or fitting, or works of a decorative nature;
"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);
"party" means a party to an appeal, namely—
(a) the appellant,
(b) the building control authority against whose decision an appeal is made,
and "parties" shall be construed accordingly;
"place of assembly" includes—
(a) a theatre, public library, hall or other building of public resort used for social or recreational...