Building Control Regulations, 1997


S.I. No. 496 of 1997


BUILDING CONTROL REGULATIONS 1997

REVISED

Updated to 3 April 2020


This Revised Statutory Instrument is an administrative consolidation of Building Control Regulations 1997. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including Building Control Regulations 2020 (S.I. No. 113 of 2020), made 3 April 2020, were considered in the preparation of this Revised Statutory Instrument.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


S.I. No. 496 of 1997


BUILDING CONTROL REGULATIONS 1997

REVISED

Updated to 3 April 2020


Introduction

This Revised Statutory Instrument presents the text of the instrument as it has been amended, and preserves the format in which it was made.

Related legislation

Building Control Regulations 1997 to 2020: this statutory instrument is one of a group of statutory instruments included in this collective citation, to be construed together as one ( Building Control Regulations 2020 (S.I. No. 113 of 2020 ), reg. 1(2)). The instruments in this group are:

Building Control Regulations 1997 (S.I. No. 496 of 1997)

Building Control (Amendment) Regulations 2000 (S.I. No. 10 of 2000)

Building Control (Amendment) Regulations 2004 (S.I. No. 85 of 2004)

Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009)

Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013)

Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014)

Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014)

Building Control (Amendment) Regulations 2015 (S.I. No. 243 of 2015)

Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015)

Building Control (Amendment) Regulations 2018 (S.I. No. 526 of 2018)

Building Control Regulations 2020 (S.I. No. 113 of 2020)

Annotations

This Revised Statutory Instrument is annotated and includes textual and non-textual amendments and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this statutory instrument, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019)

Euro Changeover (Amounts) Act 2001 (16/2001)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Building Control Regulations 2020 (S.I. No. 113 of 2020)

Building Control (Amendment) Regulations 2018 (S.I. No. 526 of 2018)

Building Control (Amendment) (No. 2) Regulations 2015 (S.I. No. 365 of 2015)

Building Control (Amendment) Regulations 2015 (S.I. No. 243 of 2015)

Building Control (Amendment) (No. 2) Regulations 2014 (S.I. No. 105 of 2014)

Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014)

Building Control (Amendment) Regulations 2013 (S.I. No. 80 of 2013)

Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009)

Building Control (Amendment) Regulations 2004 (S.I. No. 85 of 2004)

Building Control (Amendment) Regulations 2000 (S.I. No. 10 of 2000)

All statutory instruments up to and including Building Control Regulations 2020 (S.I. No. 113 of 2020), made 3 April 2020, were considered in the preparation of this revision.


S.I. No. 496 of 1997


BUILDING CONTROL REGULATIONS 1997

REVISED

Updated to 3 April 2020



S.I. No. 496 of 1997


BUILDING CONTROL REGULATIONS 1997

REVISED

Updated to 3 April 2020

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:—

Annotations:

Modifications (not altering text):

C1

Application of instrument restricted (3.04.2020) by Building Control Regulations 2020 (S.I. No. 113 of 2020), reg. 4.

3. (1) Parts II, III, IIIA (other than Article 20C), IIIB and IIIC and Article 43 of the Principal Regulations shall not apply in relation to —

(a) works consisting of, or in connection with, the construction, extension, alteration, repair, or renewal of a building of a class specified in Schedule 1 carried out and completed during the relevant period by, or on behalf of, a State authority, or

(b) a material change of use to use as a building of such a class during the relevant period by, or on behalf of, a State authority.

4. (1) The Principal Regulations shall not apply in relation to a material change of use of a relevant building to the use for which it was used immediately before the material change of use referred to in subparagraph (b) of paragraph (1) of Regulation 3.

(2) In this Regulation “relevant building” means a building to which a material change of use referred to in subparagraph (b) of paragraph (1) of Regulation 3 applies.

...

SCHEDULE 1

CLASSES OF BUILDING FOR PURPOSES OF REGULATION 3

1. Acute and other health and social care accommodation.

2. Self-isolation short stay accommodation.

3. Covid-19 and other step down accommodation.

4. Medical testing centre or laboratory.

5. Emergency management coordination facilities.

6. Mortuary facilities.

7. Other accommodation or buildings ancillary to the classes of building referred to above, including storage facilities.

...

PART I

PRELIMINARY AND GENERAL

Citation.

1

1. These Regulations may be cited as the Building Control Regulations, 1997.

Commencement.

2

2. These Regulations shall come into operation on the 1st day of July, 1998.

Application.

3

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.

F1 [ (5) ( a ) Parts IIIA and Parts IIIB , subject to the provisions of those Parts, apply 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 those Parts come into effect.

( b ) Subparagraph ( a ) does not apply to Article 20C . ]

F2 [ (6)( a ) Notwithstanding the requirements arising at Articles 9, 20A, 20F and 21 in respect of the assignment of an Assigned Certifier and the lodgement of an Inspection Plan, in the case of the classes of buildings referred to at paragraph ( b ) , for the period of the transitional arrangements set out at paragraph ( c ) , these requirements may be fulfilled by the lodgement of such Inspection Plan, inspection records and certificates as may be deemed appropriate and necessary by the Oversight Group in order to demonstrate that compliance with the requirements of the Second Schedule to the Building Regulations has been achieved for the building or works concerned.

( b ) The provisions at paragraph ( a ) may apply to the following categories of buildings

(i) buildings intended for use as places of first level, second level or third level education;

(ii) buildings intended for use as hospitals and primary care centres.

( c ) The provisions at paragraph ( a...

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