Building Regulations, 1997

• Jurisdiction: Ireland
• Citation: IR SI 497/1997
• Year: 1997

Article
1. Citation.
2. Commencement.
3. Application.
4. Revocation.
5. Interpretation.
6. Rules for measurement.
7. Technical guidance documents.
8. Exemptions.
9. Design and construction of works and buildings.
10. New buildings.
11. Alterations and extensions.
12. Services, fittings and equipment.
13. Material changes of use.
14. Dispensation or relaxation.
FIRST SCHEDULE
REGULATIONS REVOKED
SECOND SCHEDULE
Part A — Structure
Part B—Fire Safety
Part C—Site preparation and resistance to moisture
Part D—Materials and workmanship
Part E—Sound
Part F—Ventilation
Part G—Hygiene
Part H—Drainage and waste water disposal
Part J—Heat producing appliances
Part K—Stairways, ladders, ramps and guards
Part L—Conservation of fuel and energy
Part M—Access for disabled people
THIRD SCHEDULE
EXEMPTED BUILDINGS
FOURTH SCHEDULE
FORM OF APPLICATION FOR A DISPENSATION FROM OR A RELAXATION OF, A REQUIREMENT OF BUILDING REGULATIONS
S.I. No. 497 of 1997
BUILDING REGULATIONS, 1997.
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 3 , 4 and 18 of the Building Control Act, 1990 (No. 3 of 1990), hereby makes the following Regulations—
	1 Citation.	1. These Regulations may be cited as the Building Regulations, 1997.
	2 Commencement.	2. These Regulations shall come into operation on the 1st day of July, 1998.
	3 Application.	3. (1) Subject to sub-article (2), and article 8, these Regulations 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 referred to in article 2.
(2) These Regulations shall not apply to works, or a building as regards which a material change of use takes place, where—
(a) a Fire Safety Certificate under the Building Control Regulations, 1991 and 1994, in respect of the works or building, has been granted, and
(b) 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.
	4 Revocation.	4. (1) The regulations specified in the First Schedule are hereby revoked.
(2) Notwithstanding sub-article (1), the regulations referred to in the First Schedule shall, subject to the provisions of those regulations, continue to apply 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 before the date referred to in article 2, or
(b) the works or building fall within the description contained in article 3(2).
	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 ;
"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, and "agricultural" shall be construed accordingly;
"basement storey" means a storey which is below the ground storey or, where there is no ground storey, means a storey the top surface of the floor of which is situated at such a level or levels that some point on its perimeter is more than 1.2 metres below the level of the finished surface of the ground adjoining the building in the vicinity of that point
"Building Control Regulations, 1991 and 1994" means the Building Control Regulations, 1991 ( S.I. No. 305 of 1991 ) as amended by the Building Control (Amendment) Regulations, 1994 ( S.I. No. 153 of 1994 );
"Construction Products Directive" means Directive 89/106/EEC adopted by the Council of the European Communities on 21 December, 1988 (published in the Official Journal of the European Communities (No. L 40 Volume 32) of 11 February, 1989), as amended by Directive 93/68/EEC of 22 July, 1993 (published in the Official Journal (No. L220 Volume 36) of 30 August, 1993);
"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 creche, a pre-school and a day nursery;
"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;
"dwelling" means a house or flat forming a separate unit of residential accommodation;
"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;
"ground storey" means a storey the top surface of the floor of which is situated at such a level or levels that no point on its perimeter is more than 1.2 metres below the level of the finished surface of the ground adjoining the building in the vicinity of that point or, if there is more than one such storey, means the lowest of these;
"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 change of use" has the meaning assigned to it in article 13;
"the Minister" means the Minister for the Environment and Local Government;
"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);
"place of assembly" includes—
(a) a theatre, public library, hall or other building of public resort used for social or recreational purposes,
(b) a non-residential school or other educational establishment,
(c) a place of public worship,
(d) a public house, restaurant or similar premises used for the sale to members of the public of food or drink for consumption on the premises,
but no building shall be treated as a place of assembly solely because it is a building to which members of the public are occasionally admitted;
"repair or renewal" means works of maintenance or restoration of a routine nature relating to —
(a) the keeping of a building in good condition or working order, or
(b) the return of the fabric of a building to its original condition;
"shop" includes a building used for retail or wholesale trade or business (including retail sales by auction, self-selection and over-the-counter wholesale trading, the business of leading books or periodicals for gain and the business of a barber or hairdresser) and premises to which the public is invited to deliver or to collect goods in connection with their hire, repair or other treatment, or where they themselves may carry out such repairs or other treatments;
"shopping centre" includes a building which comprises a number of individually occupied premises to which common access is provided principally for the benefit of shoppers;
"single storey building" means a building consisting of a ground storey or a basement storey only;
"works" includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building.
	6 Rules for measurement.	6. In these Regulations—
"floor area" in relation to a building means the area bounded by the inner finished surfaces of the enclosing walls, or, on any side where there is no enclosing wall, by the outermost edge of the floor on that side and in calculating the area of a building or part of a building there shall be included in such area the space occupied by any walls, shafts, ducts or structure within the area being measured;
"height of a building" (or of part of a building which is completely separated throughout, both below and above ground, by a compartment wall or compartment walls in the same continuous vertical plane) means the height of such building or part measured from the mean level) of the ground adjoining the outside of the external wall of the building to the level of halt the vertical height of the root of the building or part, or to the top of the walls or of the parapet (if any), whichever is the higher.
	7 Technical guidance documents.	7. (1) The Minister way publish, or arrange to have published on his behalf, document to be known as "technical guidance documents" for the purpose of providing guidance with respect to compliance with the requirements of any of the...