Declan Noonan & Associates

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Number 21 of 2007
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BUILDING CONTROL ACT 2007
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ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citation, construction and commencement.
2. Interpretation.
PART 2
Amendment of Building Control Act 1990
3. Amendment of section 1 (interpretation) of Act of 1990.
4. Amendment of section 3 (building regulations) of Act of 1990.
5. Amendment of section 6 (building control regulations) of Act of 1990.
6. Amendment of section 7 (appeals) of Act of 1990.
7. Amendment of Act of 1990 — new sections 7A and 7B.
8. Amendment of section 8 (enforcement notice) of Act of 1990.
9. Amendment of section 9 (application to District Court in relation to enforcement notice) of Act of 1990.
10. Amendment of section 12 (order of High Court in relation to buildings and works) of Act of 1990.
11. Amendment of section 17 (penalties) of Act of 1990.
12. Amendment of Act of 1990 — new sections 17A and 17B.

[No. 21.] Building Control Act 2007. [2007.]
PART 3
Registration of Architects
13. Registration body and Admissions Board (Part 3).
14. Registration of architects.
15. Registration of nationals from certain other states — main categories of such nationals.
16. Further category of nationals from certain other states who are eligible for registration.
17. Fees (Part 3).
18. Prohibition against using term “architect” unless registered.
19. Registrar (Part 3).
20. Removal from register (Part 3).
21. Technical Assessment Board (Part 3).
22. Technical Assessment Board procedure (Part 3).
23. Professional Conduct Committee (Part 3).
24. Appeals Board (Part 3).
25. Appeals procedure (Part 3).
26. Appeal to High Court from decision of Appeals Board (Part 3).
27. Certain other jurisdiction of Appeals Board (Part 3).

PART 4
Registration of Quantity Surveyors
28. Registration body and Admissions Board (Part 4).
29. Registration of quantity surveyors.
30. Nationals from other states eligible for registration (Part 4).
31. Fees (Part 4).
32. Prohibition against using term “quantity surveyor” unless registered.
33. Registrar (Part 4).
34. Removal from register (Part 4).
35. Technical Assessment Board (Part 4).
36. Technical Assessment Board procedure (Part 4).
37. Professional Conduct Committee (Part 4).
38. Appeals Board (Part 4). [2007.] [Building Control Act 2007. No. 21.]
39. Appeals procedure (Part 4).
40. Appeal to High Court from decision of Appeals Board (Part 4).
41. Certain other jurisdiction of Appeals Board (Part 4).

PART 5
Registration of Building Surveyors
42. Registration body and Admissions Board (Part 5).
43. Registration of building surveyors.
44. Nationals from other states eligible for registration (Part 5).
45. Fees (Part 5).
46. Prohibition against using term “building surveyor” unless registered.
47. Registrar (Part 5).
48. Removal from register (Part 5).
49. Technical Assessment Board (Part 5).
50. Technical Assessment Board procedure (Part 5).
51. Professional Conduct Committee (Part 5).
52. Appeals Board (Part 5).
53. Appeals procedure (Part 5).
54. Appeal to High Court from decision of Appeals Board (Part 5).
55. Certain other jurisdiction of Appeals Board (Part 5).

PART 6
Fitness to Practise
56. Establishment of Professional Conduct Standards.
57. Complaints to Professional Conduct Committee.
58. Decision of the Professional Conduct Committee.
59. Proceedings privileged.

PART 7
Miscellaneous Provisions
60. Temporary registration under Title II of Directive.
61. Registration body may seek assistance and make rules.
62. Registration body may specify fees.
63. Additional qualifications.
64. Regulations.
65. Correction of register.
66. Expenses of registration bodies, boards and committees, etc.
67. Prosecution of offences under this Act.
68. Evidential value of an extract from register.
69. Nomination to boards or committees and elections.
70. Tenure of members of boards, etc., appointed by registration body.
71. Proceedings at meetings of boards or committees.
72. Functions in relation to regulations or directives of the
Council of the EU or the European Parliament.
73. Annual report by registration body.
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Acts Referred to
Building Control Act 1990 1990, No. 3
European Communities Act 1972 1972, No. 27
Petty Sessions (Ireland) Act 1851 1851, Vic., c. 93
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Number 21 of 2007
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BUILDING CONTROL ACT 2007
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AN ACT TO AMEND AND EXTEND THE BUILDING CONTROL ACT 1990; TO REGULATE THE USE OF THE TITLES “ARCHITECT”, “QUANTITY SURVEYOR” AND “BUILDING SURVEYOR”; TO IMPLEMENT CERTAIN PROVISIONS OF DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 7 SEPTEMBER 2005 ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS AND TO PROVIDE FOR RELATED MATTERS. [21st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1
Preliminary and General
1.—(1) This Act may be cited as the Building Control Act 2007.
(2) The Building Control Act 1990 and this Act may be cited together as the Building Control Acts 1990 and 2007 and shall be construed together as one.
(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days
may be so appointed for different purposes or different provisions.
2.—(1) In this Act—
“Act of 1990” means the Building Control Act 1990;
“adaptation period” means an adaptation period of such duration as the Admissions Board determines in accordance with the Directive; “Admissions Board” means an Admissions Board established under section 13, 28 or 42, as the context requires;
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Short title, collective citation, construction and commencement.
Interpretation. Pt.1 S.2

6 – related to EU, EEA and World Trade Organisation

7 Pt.1 S.2
Amendment of section 1 (interpretation) of Act of 1990.
Amendment of section 3 (building regulations) of Act of 1990.
Amendment of section 6 (building control regulations) of Act of 1990.

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(2) For the avoidance of doubt, the definition of “registered professional” in subsection (1) does not have the effect of requiring any class of person falling within that definition to be the subject of any designation or other specification in regulations under the Act of 1990 of a person or a class of person for any purpose of those regulations.
(3) A word or expression used in Part 3, 4, 5 or 7 and which is also used in the Directive has the same meaning in that Part as it has in the Directive.

PART 2
Amendment of Building Control Act 1990
3.—Section 1(3) of the Act of 1990 is amended by substituting “, paragraph or subparagraph” for “or paragraph” in both places where it occurs.
4.—Section 3 of the Act of 1990 is amended in subsection (2)— (a) in paragraph (e), by substituting “practice;” for “practice; and”, and (b) by inserting the following paragraph after paragraph (e):
“(ea) making provision for building practices that would assist in preventing or detecting crime;
and”.
5.—Section 6 of the Act of 1990 is amended—
(a) in subsection (2)(a)(ii), by deleting “and”, after “provisions of building regulations as may be
prescribed,” (b) in subsection (2)(a)(iii), by substituting “the requirements of building regulations,” for “the requirements of building regulations;”,
(c) in subsection (2)(a), by inserting the following after subparagraph (iii):
“(iv) the submission (before grant of the relevant fire safety certificate) of a notice in writing to a building control authority (in this Act referred to as a ‘7 day notice’) by a person who intends to commence work on the construction of a building or an extension of or a material alteration to a building, giving not less than 7 days notice of that person’s intention to carry out those works, and requiring that such notice shall be accompanied by a valid application for a fire safety certificate,
(v) the submission to a building control authority by a person who submits a 7 day notice of a statutory declaration (in this [2007.] [Building Control Act 2007. No. 21.] Act referred to as a ‘7 day notice statutory declaration’) made by that person stating that the application for the relevant fire safety certificate has been completed in all respects and complies with the relevant provisions of the building control regulations, that any works that have been commenced before the grant of such certificate will comply with the building regulations and that the person will, within such period as may be specified by the building control authority, carry out any modification of such works that is required by or under the fire safety certificate, including any condition attached to it,
when it is granted by the building control authority concerned,
(vi) where an application for a fire safety certificate in respect of the construction of a building or an extension of or a material alteration to a building has been submitted before planning permission has been granted in respect of such construction, extension or alteration, the submission, if required by the subsequent grant of such planning permission, of a further application to a building control authority for a fire safety certificate (in this Act referred to as a ‘revised fire safety certificate’) for the purpose of ensuring that the revised design arising from the grant of planning permission (including any condition attached to it) complies with the provisions of building regulations relating to fire safety,
(vii) where work has been commenced or completed in respect of the construction of a building or an extension of or a material alteration to a building, and no application has been made for a fire safety certificate that is required under building control regulations for such construction, extension of or material alteration to a building, the submission to a building control authority of an application for a certificate (a ‘regularisation certificate’) which shall be accompanied by drawings of the relevant works (as they have been constructed) and a statutory declaration from the applicant stating that such works comply with the provisions of the building
regulations relating to fire safety, and enabling the authority to specify in a regularisation certificate that the regularisation certificate shall not have effect unless, within 4 months after its being granted, any conditions attached to it by the authority (including conditions as to the carrying out of additional works) are complied with,
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Pt.2 S.5
Pt.2 S.5
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[No. 21.] Building Control Act 2007. [2007.]
(viii) a building control authority to inspect (before it decides whether to grant such a certificate) a building in respect of which an application has been submitted for a regularisation certificate and enabling the authority to grant, if it considers it appropriate, in its discretion, to do so, a regularisation certificate specifying that in its opinion the works, as constructed in accordance with plans, documents and information submitted with the application for the certificate, comply with the provisions of building regulations relating to fire safety, subject to compliance (within the period of 4 months there mentioned) with any conditions attached to the certificate of the kind
mentioned in subparagraph (vii),
(ix) the submission to a building control authority of an application for a certificate of compliance with respect to requirements under the building regulations for provision of access to a building for persons with disabilities (a ‘disability access certificate’) and enabling the building control authority to grant such certificate if in its opinion the design of the building or the extension of or material alteration to the building in respect of which the submission is made would comply (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) with the relevant requirements of the building regulations,
(x) the submission to a building control authority of an application for a fire safety certificate (in this Act also referred to as a ‘revised fire safety certificate’) or a disability access certificate (in this Act referred to as a ‘revised disability access certificate’) if significant revision is made to the design or works of a building or an extension of or a material alteration to a building in respect of which a fire safety certificate or a disability access certificate has been granted by a building control authority, and
(xi) that a new building, or an existing building in respect of which an extension or a material alteration has been made, shall not be opened, operated or occupied or permitted to be opened, operated or occupied—
(I) unless a fire safety certificate or disability access certificate (or, as the case may require, a revised certificate of either kind) or a regularisation certificate required by regulations under this Act has been granted by the building control authority in relation to the building, or (II) if such an appeal is made to it, pending the determination by An Bord Pleanala of an appeal under section 7 relating to a refusal to grant any of the certificates or revised certificates referred to in clause (I) or the attachment of conditions to any of them;”,
(d) in subsection (2)(b), by substituting the following for subparagraph (i):
“(i) the form and content of—
(I) certificates of compliance,
(II) applications for fire safety certificates, revised fire safety certificates, regularisation certificates, disability access certificates and revised disability access certificates,
(III) each of the certificates referred to in clause (II),
(IV) 7 day notices and 7 day notice statutory declarations,
(V) applications for certificates of approval and certificates of approval,”,

(e) in subsection (2)(b)(ii), by inserting “7 day notices, 7 day notice statutory declarations, revised fire safety certificates, regularisation certificates, disability access certificates, building energy rating certificates, revised disability access certificates” after “fire safety certificates,”,
(f) in subsection (2)(h)(ii), by inserting “, 7 day notices, 7 day notice statutory declarations, revised fire safety certificates, regularisation certificates, disability access certificates, revised disability access certificates” after “fire safety certificates”,
(g) in subsection (2), by inserting the following paragraph after paragraph (h): “(ha) the exemption, in specified circumstances, from fees referred to in paragraph (h);”,
(h) in subsection (2)(k), by substituting “regulations;” for “regulations.”, (i) by inserting after subsection (2) the following: “(2A) References in subsection (2)(a)(iv) to (xi) to a material alteration of a building include references to a material change of use of a building and, for the purposes of those provisions as they apply in relation to such a material change of use, references in those provisions to—
(a) work,
(b) relevant works, or
(c) the design of works, shall, in so far as they are applicable to such a material change of use, be construed as references to—
(i) the doing of the acts that constitute the material change of use or, as appropriate, those acts when they are done, or
(ii) in the case of references to the design of works, the various aspects of the material change of
use or, as appropriate, any particular aspect of that change of use, and references to construction of works and cognate references shall be construed accordingly.”,
(j) in subsection (5), by inserting “, 7 day notice, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate” after “fire safety certificate” in both places where it occurs in that subsection, and
(k) in subsection (6), by inserting “, 7 day notice, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate” after “fire safety certificate”.
6.—Section 7 of the Act of 1990 is amended—
(a) in subsection (1)—
(i) in paragraph (c), by substituting “approval, or” for “approval,”, and
(ii) by inserting the following paragraphs after paragraph (c):
“(d) section 6(2)(a)(vii), for a regularisation certificate, or
(e) section 6(2)(a)(ix), for a disability access certificate,”, and
(b) in subsection (3), by deleting paragraph (c).
7.—The Act of 1990 is amended by inserting the following after section 7:
“Fees in respect of an appeal.
7A.—(1) Subject to the approval of the Minister, An Bord Pleanala (hereafter in this section referred to as ‘the Board’) may determine that fees shall be payable in relation to appeals under section 7 and, subject to subsection (2), such a fee so determined shall be paid to the Board by the person making the appeal under section 7 at such time as the Board specifies.
(2) The power of the Board in relation to fees referred to in subsection (1) includes a power of
the Board—
(a) to determine that different such fees shall be payable in respect of different classes of appeal under section 7, 
(b) to exempt a person from the requirement to pay any such fee in such circumstances as it determines,
and
(c) to remit or refund in whole or in part any such fee that has been paid in such circumstances as it determines, and the exercise of the power under paragraph (b) or (c) (as distinct from the determination of the circumstances in which the power shall be exercisable) shall not require the approval of the Minister.
(3) The Board shall review the fees determined under subsection (1) from time to time, but at least
every three years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review, without the necessity of the Minister’s approval under subsection (1).
(4) For the purposes of this section, ‘change in the consumer price index’ means the difference
between the All Items Consumer Price Index Number last published by the Central Statistics
Office before the date of the determination under this section and the said number last published
before the date of the review under subsection (3), expressed as a percentage of the last-mentioned
number.
(5) Where the Board determines or amends fees in accordance with this section, it shall give notice of the fees in at least one newspaper circulating in the State, not less than 8 weeks before the fees come into effect. Provision with respect to amendment of this Act by S.I. No. 872 of 2005.
7B.—The Minister shall be deemed always to have had the power to make the regulations under  section 3 of the European Communities Act 1972 entitled the ‘European Communities (Energy
Performance of Buildings) Regulations 2005’ (S.I. No. 872 of 2005) and, accordingly—
(a) the amendment of section 3(2) purported to have been made by those. Regulations shall be deemed to have been validly made and to have been in operation as and from the date those Regulations were purported to have been made, and
(b) the Building Regulation (Amendment) Regulations 2005 (S.I. No. 873 of 2005) made in the purported exercise of the powers conferred by sections 3 and 18 shall be deemed to have been validly made and to have been in operation as and from the time that those Regulations provided that those Regulations were to come into operation.”.
8.—Section 8(4) of the Act of 1990 is amended—
(a) in paragraph (b), by substituting “that may be required by the notice;” for “that may be required by the notice.”,
and
(b) by adding the following after paragraph (b):
“(c) require a person on whom the notice is served to pay to the building control authority the
costs and expenses reasonably incurred by the authority in relation to the investigation and detection of the matters, the subject of the notice, the service of the notice and the preparation and giving of any warnings before the service of the notice, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and, as regards the costs and expenses referred to in paragraph (c), in default of their payment, the authority may, subject to section 9 and without prejudice to subsection (8), recover the costs and expenses as a simple contract debt in any court of competent jurisdiction.”.

9.—Section 9 of the Act of 1990 is amended by inserting the following after subsection (3):
“(3A) If the court makes a determination to which subsection (3)(a) or (b) applies, it shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the applicant to pay to the building control authority concerned the costs and expenses, as measured by the court, incurred by the authority—
(a) in appearing and adducing evidence at the hearing, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and
(b) in so far as they have not been recouped pursuant to the provision (if any) of the enforcement notice referred to in section 8(4)(c), in relation to the [2007.] [Building Control Act 2007. No. 21.]
investigation and detection of the matters to which the application relates, including costs incurred in respect of remuneration and expenses as aforesaid.”.
10.—Section 12 of the Act of 1990 is amended—
(a) in subsection (1) by substituting “the building control authority concerned may apply to the High Court or the Circuit Court for an order” for “the building control authority concerned may apply to the High Court for an order”,
(b) by inserting the following after subsection (1):
“(1A) Where the construction of any building or works to which building regulations apply is or has been commenced or completed and in respect of which—
(a) a fire safety certificate, a disability access certificate or a regularisation certificate is required to be granted and such construction—
(i) is or has been commenced without the fire safety certificate, disability access certificate or regularisation certificate having been granted, or 
(ii) is or has been completed without the fire safety certificate, disability access certificate or regularisation certificate having been granted, or
(b) an enforcement notice has not been complied with, the building control authority concerned may apply to the High Court or the Circuit Court for an order requiring the removal, alteration or making safe of any structure, service, fitting or equipment, or the discontinuance of any works or restricting or prohibiting the use of the building until the fire safety certificate, disability access certificate or regularisation certificate has been granted and complied with or the enforcement notice has been complied with.”,
(c) in subsection (2) by substituting “and where such an application is made, the High Court or the Circuit Court, as the case may be, may” for “and when such an application is made, the High Court may”,
(d) by inserting the following after subsection (2):
“(2A) If the High Court or the Circuit Court makes an order under this section providing for any of the matters referred to in subsection (1) or (1A), it shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person against whom the order is made to pay to the building authority concerned the costs and expenses, as measured by the court, incurred by the authority—

(a) in relation to the application under this section, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and
(b) in so far as they have not been recouped by any other means provided under this Act, in relation to the investigation and detection of the matters to which the application relates and the preparation and giving of any warnings before the making of the application, including costs incurred in respect of remuneration and expenses as aforesaid.”,
(e) in subsection (3) by substituting “Any order made by the High Court or the Circuit Court under this section” for “Any order made by the High Court under this section”, and (f) by inserting the following after subsection (3):
“(4) (a) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land which is the subject of the application is situated.
(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the market value of the land which is the subject of the application does not exceed €3,000,000.
(c) The Circuit Court may, for the purposes of paragraph (b), in relation to land that has not been given a market value or is the subject with other land of a market value, determine that its market value would exceed, or would not exceed, €3,000,000.
(d) Where the market value of any land which is the subject of an application under this section exceeds €3,000,000, the Circuit Court shall, if n application is made to it in that behalf by ny person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.
(e) In this subsection ‘market value’ means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.”.

[2007.] [Building Control Act 2007. No. 21.]
11.—Section 17 of the Act of 1990 is amended—
(a) in subsections (1) and (2)(a)—
(i) by substituting “€5,000” for “£800”, and
(ii) by substituting “€500” for “£150”,
(b) in subsection (2)(b) by substituting “€50,000” for “£10,000”, and
(c) in subsection (5) by substituting “under this Act” for “to which subsection (1) applies”.
12.—The Act of 1990 is amended by inserting the following after section 17:
“Payment of fines to building control authority.
17A.—Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act in proceedings brought by a building control authority, it shall, on application of the building control authority (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the building control authority and such payment may be enforced by the authority as if it were due to it on foot of a decree or order made by the court in civil proceedings. Costs of prosecution, etc.
17B.—On convicting a person of an offence under this Act in proceedings brought by a building control authority, the court shall, unless it is satisfied that there are special and substantial grounds for not doing so, order the person to pay to the authority the costs and expenses, as measured by the court, incurred by the authority in relation to the investigation, detection and prosecution of the offence, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers. Evidential value of electronically stored information.
17C.—In any proceedings under this Act, a certificate issued by a building control authority purporting to be a printout of data stored by the authority in electronic format or data stored in photographic, digitised or other modern format, being, in either case, data relating to the
performance by the authority of any function under this Act or to any plans, documents or information submitted to it under this Act or regulations thereunder, shall have evidential value.”.
Part 3
Registration of Architects
13.—(1) The Royal Institute of Architects of Ireland shall be the registration body for the purposes of this Part.
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Pt.2
Amendment of section 17 (penalties) of Act of 1990.
Amendment of Act of 1990 — new sections 17A and 17B.
Registration body and Admissions Board (Part 3).
Pt.3 S.13 Registration of architects.
18 [No. 21.] Building Control Act 2007. [2007.]
(2) For the purposes of the Directive, the registration body is the competent authority in the State as respects architects.
(3) The registration body shall establish an Admissions Board for he purpose of registering persons under this Part.
(4) The Admissions Board shall consist of a chairperson and 7 ordinary members, the latter appointed by the registration body as follows:

(a) 3 architects nominated for such appointment by the registration body;
(b) 4 persons nominated for such appointment by the Minister, being persons who are not architects.
(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court or Supreme Court who shall be appointed as chairperson by the Minister.
14.—(1) The registration body shall establish a register for architects (the “register”).
(2) Each of the following is eligible for registration in the register:
(a) a graduate of—
(i) the National University of Ireland,
(ii) the Dublin Institute of Technology, or
(iii) such other educational body as may be prescribed,
who has received from it in any year prior to 2005 the degree of Bachelor of Architecture or the Diploma in Architecture of degree standard or in 2005 or any subsequent year the degree of Bachelor of Architecture (Honours), or such other degree, diploma or other qualification as may be prescribed and who, in each case—
(I) has passed a professional practice examination specified by the body referred to in subparagraph (i), (ii) or (iii), as the case may be, or 
(II) can demonstrate that he or she has 7 years of postgraduate experience of performing duties
commensurate with those of an architect such as would entitle the person to seek the grant of an
exemption by the body referred to in subparagraph (i), (ii) or (iii), as appropriate, from having to
undergo the examination referred to in clause (I); (b) a person who is a fellow or member of the registration body; (c) a person eligible for such registration by virtue of section 15 or 16 (which relate to holders of qualifications from other states);
(d) a person in respect of whom a notice in writing, dated 7 January 1997, 13 March 1997 or 11 June 1997, was sent by the Minister (whether to the person or to an organisation representing the person in the matter) stating that the person was successful in his or her application to be
included in the relevant list;
(e) a person who has been employed in the State for at least 7 years under the supervision of an architect (who is eligible for registration under this section) and who, as part of a social betterment scheme or part-time third level course, attains a certificate or diploma of degree standard
equivalent to any degree, diploma or qualification referred to in paragraph (a) and who has passed a
professional practice examination specified by a body referred to in subparagraph (i), (ii) or (iii) of that paragraph;
(f) a person who—
(i) has at least 7 years’ practical experience of performing duties commensurate with those of an architect in the State,
(ii) is at least 35 years of age, and
(iii) has passed a prescribed register admission examination;
(g) a person (not being a person who is eligible for registration pursuant to section 15 or 16) who—
(i) has been awarded in a state other than—
(I) a Member State, or
(II) on an agreement referred to in section 15(1)(f) being entered into and taking effect in relation
to a state which is a member of the World Trade Organisation, that state, a degree, diploma or other qualification in architecture, and
(ii) can demonstrate that he or she has sufficient postgraduate experience of performing duties
commensurate with those of an architect;
(h) a person who has been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedures;
(i) an Irish citizen who as attested by a certificate of the registration body is authorised by the registration body to use the title of “architect” by virtue of the distinguished quality of his or her work in the field of architecture (which authorisation the registration body is empowered, by virtue of this paragraph, to grant).
(3) The registration body may accept as sufficient compliance by a person with subsection (2)(a)(II) a statutory declaration by the person that he or she possesses the experience referred to in that
provision.
19
Pt.3 S.14 Registration of nationals from certain other states — main categories of such nationals.
20
[No. 21.] Building Control Act 2007. [2007.]

(4) Membership of the registration body is not a prerequisite for registration in the register or continuance of registration but all registered professionals are eligible for membership of the registration body and the same fee shall be charged for registration in the register whether or not the particular person is a member of the registration body.
(5) No prescribing in respect of an educational body or in respect of any degree, diploma or other qualification that is awarded or conferred by it shall be done for the purposes of subsection (2)(a)
unless the Minister is satisfied that the course provided by the body leading to the award or conferral of the degree, diploma or other qualification provides the requisite instruction in the various elements of the discipline of architecture in accordance with Article 46 of the Directive.
(6) For the purposes of the Minister satisfying himself or herself of the foregoing matter, the Minister shall consult with the National Qualifications Authority of Ireland or the Higher Education and Training Awards Council as appropriate. 
(7) In subsection (2)(d) “relevant list” means the list of persons whom the Minister had proposed to certify under the terms of the amendment that the State had proposed should be made, in accordance with the procedures under the Treaty establishing the European Community, to Council Directive 85/384/EEC2 of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.
15.—(1) In addition to the persons so eligible otherwise under this Part, each of the following is eligible for registration in the register:
(a) a national of a Member State who holds evidence of a formal qualification as an architect listed in Annex V, point 5.7.1 of the Directive that satisfies the minimum training conditions referred to in Article 46 of the Directive and which is accompanied, if appropriate, by a certificate listed in Annex V, point 5.7.1 of the Directive;
(b) a national of a Member State who holds evidence of a formal qualification as an architect listed in Annex VI, point 6 of the Directive (whether or not it satisfies the minimum training requirements referred to in Article 46 of the Directive) and which is accompanied by a certificate of the competent authority of the Member State which issued the qualification stating that the person was authorised to use the professional title of architect, the date on which the person was so authorised
(which date shall not be later than the respective date within the meaning of Article 49(2) of the Directive), and that he or she has been performing duties commensurate with those of an architect for at least 3 consecutive years during the 5 years preceding the date of the award of the certificate;
(c) a national of a Member State who has been awarded in a Member State a qualification that the State, pursuant to a relevant measure, is obliged to recognise as corresponding to a qualification referred to in section
14(2);
(d) a national of a Member State who, as attested by a certificate of the competent authority of his or her home Member State, is authorised to use the title of architect by virtue of a law in that Member State that gives that competent authority the power to award that title to a national of a Member State who is especially distinguished by the quality of his or her work in the field of architecture;
(e) a person who holds evidence of formal qualifications issued by a state, other than a Member State, and which is accompanied by a certificate issued by the competent authority of a Member State that recognised the qualifications that the person performed duties commensurate with those of an architect for 3 years in the territory of that Member State;
(f) a national or resident of a state who, by virtue of the following agreement, is entitled to have his or her qualifications in the field of architecture recognised in the State, namely, an agreement that—
(i) is entered into between the European Union and the World Trade Organisation, and
(ii) provides for the recognition by the states to which the agreement relates of qualifications of a class specified in the agreement;
(g) a national of a Member State who is not eligible for registration in the register under any of the preceding paragraphs but who is eligible for such registration under one of the derogations to Article 46 of the Directive provided for in Article 47 of the Directive as follows, namely—
(i) by the person’s obtaining training existing as of 5 August 1985 provided by ‘Fachochschulen’ in the Federal Republic of Germany over a period of 3 years, followed by, as attested by a certificate of the professional association in whose roll the person appears, a 4 year period during which he or she performed duties commensurate with those of an architect, or
(ii) by the person’s having—
(I) been employed for not less than 7 years under the supervision of an architect who is eligible for
registration under this Part, or who is registered in the register, 
(II) as part of a social betterment scheme or part-time third level course, attained a certificate or
diploma of university standard, and
(III) passed a professional practice examination in a Member State. Further category of nationals from certain other states who are eligible for registration.

(2) The entry of a person’s name in the register pursuant to subsection (1) (other than paragraph (f) thereof) may be subject to the Admissions Board being satisfied that the person applying for registration pursuant to that subsection has a knowledge of language necessary for practising architecture in the State.
(3) In relation to an application for registration pursuant to subsection (1) (other than paragraph (f) thereof), the Admissions Board may seek verification of documents furnished to it in accordance with Article 50 of the Directive. 
(4) A person who is registered pursuant to subsection (1) (other than paragraph (f) thereof) or section 16 shall use the professional title — “architect”.
(5) The Admissions Board shall make a decision on whether or not to register an applicant pursuant to subsection (1) (other than paragraph (f) thereof) as quickly as possible and, in any event, within
3 months after the date of submission of the completed documentation by the applicant to the Board.
(6) So much of the provisions of this section or section 16 as have effect in cases where—
(a) the person concerned is a national of a Member State,
(b) any act or thing is done or awarded or issued in, or by a competent authority of, a Member State, or
(c) a matter is provided under the law of a Member State, shall, to the extent that the terms of those provisions would prevent the equal treatment or recognition mentioned in subsection (7) being
accorded to the person mentioned in that subsection, be read subject to such modifications as will allow that equal treatment or recognition to be accorded to that person.
(7) (a) The equal treatment mentioned in subsection (6) is the equal treatment of a family member (within the meaning of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004) of a national of a Member State required by Article 24(1) of that Directive.
(b) The recognition mentioned in subsection (6) is the recognition required by Article 27 of Council Directive 2004/83/EC of 29 April 2004 of qualifications of a person who is a beneficiary of refugee or subsidiary protection status (within the meaning of that Directive).
16.—(1) A person who wishes to be registered by virtue of satisfying conditions for recognition of his or her qualifications under Chapter I of Title III of the Directive may apply to the Admissions
Board for a decision that he or she is eligible to be registered in pursuance of this section.
(2) A person who makes an application under this section shall submit the following to the Admissions Board:
(a) an attestation of competence issued by another Member State in relation to that person;
(b) evidence of formal qualifications;
(c) where appropriate, evidence that the person has, on a full time basis, performed duties commensurate with those of an architect for not less than 2 years during the previous
10 years.
(3) Subject to the provisions of the Directive, the Admissions Board may request additional information to be submitted by the applicant within a specified period and may require the applicant to appear for an interview if it considers it necessary.
(4) Where an interview is required, at least 4 members of the Admissions Board shall be present for the interview.
(5) The interview shall be recorded in writing or in such other form as the Admissions Board may decide, and additional information may, subsequent to the interview, be required to be submitted by the applicant to those who conducted the interview.
(6) An applicant may be accompanied at the interview by a professional advisor, including a lawyer, but any expense incurred by the applicant in being so accompanied shall be borne by the applicant.
(7) In relation to an application under this section, the Admissions Board may seek verification of documents furnished to it in accordance with Article 50 of the Directive.
(8) (a) The Admissions Board may require, in accordance with Article 14 of the Directive, that a person who makes an application under this section shall complete an adaptation period of up to 3 years or take an aptitude test.
(b) For that purpose, the Admissions Board shall serve a notice on the applicant stating that—
(i) the applicant may opt to complete an adaptation period or take an aptitude test (and those
alternatives are referred to in subparagraph (iii) as the “2 alternatives”),
(ii) if it is an adaptation period the applicant opts to complete, that period shall be of a duration specified in the notice,
(iii) if the applicant fails to opt as between the 2 alternatives (and notify, in writing, his or her decision in that regard to the Board within a period specified for that purpose in the notice), the Board shall determine whether to require the applicant to complete an adaptation period or take an aptitude test (and, if it is an adaptation period the Board determines that it shall require the applicant to complete, the duration of that period shall be the same as the duration stated in the notice for the purposes of subparagraph (ii)), and
(iv) if the applicant fails, having been registered pursuant to this section, to complete successfully an adaptation period or take and pass an aptitude test which, by virtue of the Directive and this section—
(I) he or she has opted to complete or take and pass, or
(II) the Admissions Board has required him or her to complete or take and pass, the applicant’s name shall be erased from the register.
(9) The Admissions Board shall satisfy itself that the person who makes an application under this section has a knowledge of language necessary for practising architecture in the State.
(10) Where the Admissions Board decides—
(a) that the applicant is eligible for registration in the register pursuant to this section, it shall take the necessary steps to register the applicant on payment of any applicable registration fee, or
(b) that—
(i) the applicant is not eligible for registration in the register pursuant to this section, or
(ii) without prejudice to subsection (8), the applicant should obtain a knowledge of language necessary for practising architecture in the State, the chairperson shall immediately send a notice in writing to the applicant, by prepaid registered post to the address of the applicant as furnished in his or her application, advising the applicant of the decision, the date on which it was made and the reasons for it.
(11) The Admissions Board shall make a decision on whether or not a person is eligible for registration in the register pursuant to this section as quickly as possible and, in any event (but subject to subsection (12)), within 3 months after the date of submission of the completed documentation by the applicant to the Board.
(12) If in the particular circumstances of the matter the Admissions Board determines that it is not practicable for it to make the decision referred to in subsection (11) within the period referred
to in that subsection it may, by notice in writing sent, by prepaid registered post, to the applicant, extend that period once or more than once (but the period or the aggregate of the periods of such
extension shall not be more than one month).
(13) (a) If it appears to the Admissions Board that a person who is registered in the register pursuant to this section—
(i) has, in a case where subsection (8) applies, failed to complete successfully an adaptation period or take and pass an aptitude test, as the case may be, mentioned in that subsection, or
(ii) has, in a case where subsection (10)(b)(ii) applies, failed to obtain the knowledge of language
mentioned in that provision, the Admissions Board shall decide that the name of the person shall be erased from the register.
(b) If the Admissions Board makes such a decision, it shall direct the Registrar to erase the name of the person from the register; on erasing the name of the person from the register, the Registrar shall forthwith send by prepaid registered post to such person, at the person’s address as stated in the register, notice in writing of the erasure.
17.—(1) A person applying for registration under this Part shall, at the time of applying, pay the specified fee to the registration body and, in addition, as a condition of continuing to be registered, pay a specified annual fee on a date as may be specified by the registration body.
(2) Where the Registrar has twice sent a notice by prepaid registered post to a registered professional’s address as given in the register, requesting payment of the annual fee the Registrar may, if the person has not paid the fee within 2 months after sending the second notice, remove the person’s name from the register and thereupon shall send a notice by prepaid registered post informing the person that he or she is no longer registered.
(3) Notwithstanding subsection (2), the Registrar may, in cases of verified hardship, waive the requirement to pay a fee under this section, direct that a fee of an amount lesser than the specified
amount may be paid for the purposes of this section or remit a fee paid under this section, in whole or in part.
(4) Where a person’s name has been removed from the register for non-payment of fees and the person pays the outstanding fees together with any other specified fees, the Registrar shall re-enter
the person’s name in the register and it shall be treated as having been re-entered on the date it was removed. 
18.—(1) Subject to subsections (3) and (4), a person who—
(a) not being registered under this Part, uses the title “architect”, either alone or in combination with any other words or letters, or name, title or description, implying that the person is so registered,
(b) with intent to deceive, makes use of a certificate issued under this Part to such person or any other person,
(c) makes or causes to be made, any false declaration or misrepresentation for the purpose of obtaining registration under this Part, or aids or abets such action, or
(d) practises or carries on business under any name, style or title containing the word “architect”, unless he or she is registered under this Part, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.
(2) If the contravention in respect of which a person is convicted of an offence under subsection (1) is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €500.

Fees (Part 3).
Prohibition against using term “architect” unless registered.

(3) Subsection (1) does not prevent a body corporate, firm or partnership from carrying on business under a name, style or title containing the word “architect” if—
(a) the business, so far as it relates to architecture, is under the control and management of a registered professional, and
(b) in all premises where its business relating to architecture is carried on, it is by or under the supervision of a registered professional.

(4) The use by a person of the words—
(a) “landscape architect”,
(b) “naval architect”,
(c) “architectural technician”,
(d) “architectural technologist”,
(e) “interior design architect”, or
(f) such other words as may be prescribed, to describe himself or herself does not, in and of itself, constitute a contravention of subsection (1).
(5) Paragraph (a) or (d) of subsection (1) shall not apply to a person who has—
(a) applied for registration under this Part and in respect of whom the Admissions Board or the Technical Assessment Board, as the case may be, has not made a decision on that application (and the person has not withdrawn that application to the board concerned),
(b) appealed to the Appeals Board against a decision of the Admissions Board or the Technical Assessment Board on an application referred to in paragraph (a) and in respect of whom the Appeals Board has not made a decision on that appeal (and the person has not withdrawn that appeal to the Appeals Board), or
(c) appealed to the High Court against a decision of the Appeals Board referred to in paragraph (b) and in respect of whom the High Court has not made a decision on that appeal (and the person has not withdrawn that appeal to the High Court).
(6) The registration body may by rules provide that subsection (3) shall not apply in relation to a body corporate, firm or partnership unless it has provided to the registration body such information, necessary for determining whether that subsection applies, as may be provided for in such rules.

(7) For the purposes of this section, a person is not to be regarded as not practising by reason only of that person being in the employment of another person.
(8) In this section, “business” includes any undertaking which is carried on for fee or reward or in the course of which services are provided otherwise than free of charge.

19.—(1) The registration body shall appoint a Registrar to be responsible for keeping the register under this Part.
(2) The registration body, in addition to paying the Registrar a salary or fee, may pay a pension to the Registrar or make contributions to the payment of a pension, and may pay the Registrar allowances and expenses.
(3) The register shall be in such form, including electronic, photographic or other form, as the registration body decides.
(4) Where a person has applied for registration in accordance with this Part, if the Admissions Board is satisfied that the person is entitled to be registered, the Registrar shall enter the person’s name in the register.
(5) Where a person’s name is entered in the register, the Registrar shall send to the person a certificate stating that the person is registered.
(6) Where a person receives a certificate under subsection (5), the person shall forthwith cause the certificate to be displayed at the place where the person practises architecture at all times during which his or her registration continues, but not otherwise.
(7) The Registrar shall ensure the register is kept up to date and shall make it available for inspection at the office of the Registrar during normal working hours.
(8) A registered professional shall notify the Registrar of any change in the name under which or the address at which he or she carries on business.

20.—(1) Subject to subsection (3), a registered professional may apply to the Registrar to have his or her name removed from the register and, on receipt of the application and on payment of the specified fee, the Registrar shall remove it.
(2) A person whose name has been removed from the register may apply to the Registrar to have his or her name restored to the register and, on application and payment of the specified fee, but subject to any conditions imposed by the Admissions Board with respect to such restoration, the Registrar shall restore it to the register.
(3) Where a complaint is being investigated by the Professional Conduct Committee under Part 6 in relation to a person, no application shall be entertained by the Registrar to remove the person’s name from the register until the investigation has been completed and the Committee has decided what action to take.
(4) Nothing in this section shall prevent a Professional Conduct Committee from refusing to restore a person’s name to the register on the grounds of unfitness to practise architecture or attaching
conditions to such restoration.
(5) Where the Professional Conduct Committee decides to refuse to so restore a person’s name or decides to attach conditions to such restoration, the Registrar shall forthwith send a notice to the person by prepaid registered post to the last address given in the register nforming the person of the decision, the date on which it was made and the reasons for it.

21.—(1) The registration body shall establish a Technical
Assessment Board to consider applications for registration in the
register from persons who do not fall within any of paragraphs (a)
to (g) and (i) of section 14(2).
(2) The Technical Assessment Board shall consist of a
chairperson and 7 ordinary members, the latter appointed by the
registration body as follows:
(a) 3 architects nominated for such appointment by the
registration body;
(b) 4 persons nominated for such appointment by the
Minister, being persons who are not architects.
(3) The chairperson of the Technical Assessment Board shall be
a solicitor, a barrister or a former judge of the Circuit Court, High
Court or Supreme Court who shall be appointed as chairperson by
the Minister.
(4) The Technical Assessment Board shall establish a panel of
architects being architects who the Board considers possess the
requisite expertise for the purpose of performing the functions
assigned to members of the panel under subsection (5).
(5) The Technical Assessment Board shall, in respect of each
application under section 22, appoint not less than 3 of the members
of the panel established under subsection (4) to—
(a) examine the documents furnished to the Board under
subsection (2) of that section (and any additional
information furnished to it under subsection (3) of that
section),
(b) interview the applicant, and
(c) give to the Board their opinion as to whether the applicant
is eligible for registration pursuant to that section.
22.—(1) The following person may apply to the Technical
Assessment Board for a decision that he or she is eligible to be
registered in the register pursuant to this section, namely, a person
who has been performing duties commensurate with those of an
architect for a period of 10 or more years in the State (but no period
of such performance that occurs on or after the commencement of
this section shall be reckoned for the purposes of this subsection).
(2) A person who makes an application under this section shall
submit the following to the Technical Assessment Board:
(a) a curriculum vitae providing details of the work carried
out by the applicant in the field of architecture during the
period referred to in subsection (1);
(b) information on projects for each year of that period for
which the applicant was responsible, declarations as to
the authorship of the projects and all documentation
necessary to support the information;
[2007.] [Building Control Act 2007. No. 21.]
(c) a file containing at least 4 projects, including graphic
material, for which the applicant was responsible, being
projects that the applicant considers are the most suitable
for the purposes of the consideration of his or her
application;
(d) such independent verification, as the Technical
Assessment Board may reasonably require, of the
documentation submitted under this subsection.
(3) The Technical Assessment Board may request additional
information to be submitted by the applicant within a specified
period and may require the applicant to appear for an interview if it
considers it necessary; such an interview shall be in addition to the
interview conducted by the members of the panel referred to in
section 21(5) (which latter interview is subsequently referred to in
this section as the “panel interview”).
(4) Where an interview under this section is required, at least 4
members of the Technical Assessment Board shall be present for
the interview.
(5) The panel interview and any interview under this section shall
each be recorded in writing or in such other form as the members of
the panel concerned or the Technical Assessment Board, as
appropriate, may decide, and additional information may,
subsequent to the interview, be required to be submitted by the
applicant to those who conducted the interview.
(6) An applicant may be accompanied at the panel interview and
any interview under this section by a professional advisor, including
a lawyer, but any expense incurred by the applicant in being so
accompanied shall be borne by the applicant.
(7) The Technical Assessment Board shall use the following
criteria in assessing an application under this section:
(a) whether or not for the period referred to in subsection (1),
the applicant had been performing duties commensurate
with those of an architect;
(b) whether or not the work submitted was equivalent to the
work of an architect, having regard to its scale,
complexity and quality;
(c) whether or not the applicant can demonstrate that he or
she has acquired the competencies specified in Article 46
of the Directive;
(d) whether or not the work submitted had been realised by
the applicant, and, if the applicant was not totally
responsible, what level of responsibility by the applicant
for the work could be established,
and, in addition, shall have regard to the opinion of the architects
referred to in section 21(5) as to whether the applicant is eligible for
registration pursuant to this section (but that opinion shall not be
binding on the Board).
(8) Where the Technical Assessment Board decides—
(a) that the applicant is eligible for registration in the register
pursuant to this section, the chairperson shall advise the
29
Pt.3 S.22
Pt.3 S.22
Professional
Conduct Committee
(Part 3).
Appeals Board
(Part 3).
30
[No. 21.] Building Control Act 2007. [2007.]
Admissions Board which shall take the necessary steps
to register the applicant on payment of any applicable
registration fee, or
(b) that the applicant is not eligible for registration in the
register pursuant to this section, the chairperson shall
immediately send a notice in writing to the applicant, by
prepaid registered post to the address of the applicant as
furnished in his or her application, advising the applicant
of the decision, the date on which it was made and the
reasons for it.
23.—(1) The registration body shall establish a Professional
Conduct Committee (the “Committee”).
(2) The Committee shall consist of a chairperson and 11 ordinary
members, the latter appointed by the registration body as follows:
(a) 5 architects nominated for such appointment by the
registration body;
(b) 6 persons who are not architects—
(i) 5 of whom are nominated for such appointment by
the Minister, and
(ii) one of whom is nominated for such appointment by
the Minister, with the consent of the Minister for
Enterprise, Trade and Employment.
(3) The chairperson of the Committee shall be a solicitor, a
barrister or a former judge of the Circuit Court, High Court or
Supreme Court who shall be appointed as chairperson by the
Minister with the consent of the Minister for Enterprise, Trade and
Employment.
24.—(1) The registration body shall establish an Appeals Board.
(2) The Appeals Board shall consist of a chairperson and 5
ordinary members, the latter appointed by the registration body as
follows:
(a) 2 architects nominated for such appointment by the
registration body, neither of whom shall be a member of
any other Board or Committee established under this
Part;
(b) 3 persons who are not architects—
(i) 2 of whom are nominated for such appointment by
the Minister, and
(ii) one of whom is nominated for such appointment by
the Minister, with the consent of the Minister for
Enterprise, Trade and Employment,
none of whom shall be a member of any other Board or
Committee established under this Part.
(3) The chairperson of the Appeals Board shall be a solicitor, a
barrister or a former judge of the Circuit Court, High Court or
[2007.] [Building Control Act 2007. No. 21.]
Supreme Court who shall be appointed as chairperson by the
Minister.
25.—(1) A person adversely affected by a decision of the
Admissions Board, the Technical Assessment Board or the
Professional Conduct Committee may appeal to the Appeals Board
against the decision.
(2) An appeal shall be in writing and lodged with the Appeals
Board within 3 months after the date of the decision being
appealed against.
(3) The appeal shall specify the decision to which the appeal
relates and the grounds on which the appeal rests.
(4) An appeal may be based on either procedural or substantive
matters.
(5) A person may, at any time before the appeal is heard,
withdraw the appeal in whole or in part by notifying the Appeals
Board in writing of the withdrawal.
(6) A witness at a hearing conducted by the Appeals Board has
the same immunities and privileges as if he or she were a witness
before the High Court.
(7) The chairperson of the Appeals Board may—
(a) direct in writing an appellant to attend before the Appeals
Board on a date and at a time and place specified in the
direction,
(b) direct in writing any other person whose evidence the
Appeals Board may require, to attend before the
Appeals Board on a date and at a time and place
specified in the direction, and may direct the person to
bring any document in the person’s possession relating to
the appeal,
(c) request the relevant Board or Committee whose decision
is being appealed against to produce any documents in
its possession relating to the appeal, together with its
observations on the appeal,
(d) give any other direction for the purpose of the proceedings
that appears to the chairperson to be fair and reasonable.
(8) The procedures of the Appeals Board shall make provision
for—
(a) notifying the appellant and the chairperson of the relevant
Board or Committee of the date, time and place of the
sitting of the Appeals Board,
(b) advising the appellant of the appellant’s right—
(i) to be present at the Appeals Board’s sitting, and
(ii) to present his or her case in person or, at his or her
own expense, through a legal representative,
(c) the examination of witnesses,
31
Pt.3 S.24
Appeals procedure
(Part 3).
Pt.3 S.25
Appeal to High
Court from decision
of Appeals Board
(Part 3).
32
[No. 21.] Building Control Act 2007. [2007.]
(d) determination by the Appeals Board as to whether or not
evidence should be given under oath,
(e) recording of proceedings.
(9) On the hearing of an appeal under this section, the Appeals
Board may—
(a) confirm the decision of the relevant Board or Committee,
subject to any amendment thereof the Appeals Board
thinks fit,
(b) annul the decision and direct the relevant Board or
Committee to make a new decision, or
(c) give such other directions as it thinks fit.
(10) The chairperson of the Appeals Board shall notify—
(a) the appellant in writing, sent by prepaid registered post to
the appellant’s stated address, of the decision taken on
the appeal, the date on which it was made and the
reasons for it, and shall also advise the appellant of the
right to appeal to the High Court against the Appeal
Board’s decision,
(b) the relevant Board or Committee against whose decision
the appeal was made of the decision taken on the appeal,
the date on which it was made and the reasons for it,
(c) where the appellant was the person who had lodged the
complaint with the Professional Conduct Committee
under Part 6, the registered architect in respect of whom
the complaint was made, stating the decision taken on the
appeal, the date on which it was made and the reasons for
it.
26.—(1) A person adversely affected by a decision of the Appeals
Board may, within 3 months after the date of such decision, appeal
to the High Court against the decision.
(2) On the hearing of an appeal under this section, the Court
may—
(a) confirm the decision of the Appeals Board, subject to any
amendment thereof the Court thinks fit,
(b) annul the decision and direct the Appeals Board to make
a new decision, or
(c) give such other directions as the Court thinks fit,
and the Court may direct how the costs of the appeal are to be borne.
(3) On the hearing of an appeal under this section from a decision
of the Appeals Board relating to a decision of the Professional
Conduct Committee, the High Court may admit evidence of any
person of standing in the architectural profession as to what
constitutes professional misconduct or poor professional
performance.
[2007.] [Building Control Act 2007. No. 21.]
27.—(1) If the Admissions Board fails to make a decision—
(a) referred to in subsection (5) of section 15 within the period
specified in that subsection, or
(b) referred to in subsection (11) of section 16 within—
(i) unless subparagraph (ii) applies, the period specified
in that subsection, or
(ii) if that period has been extended under subsection (12)
of section 16, the period of that extension (or, if that
period has been extended more than once under that
subsection (12), the last period of such extension),
the applicant referred to in section 15 or 16 may make a complaint
to the Appeals Board that such a failure has occurred.
(2) On the hearing of such a complaint and having given the
Admissions Board an opportunity to be heard, the Appeals Board
may, as it thinks appropriate—
(a) give a direction to the Admissions Board to make the
decision concerned forthwith, or
(b) make itself a decision on the application concerned
referred to in section 15 or 16 (and where the Appeals
Board does so section 26 shall apply to such a decision as
it applies to any other decision of the Appeals Board).
PART 4
Registration of Quantity Surveyors
28.—(1) The Society of Chartered Surveyors shall be the
registration body for the purposes of this Part.
(2) For the purposes of the Directive, the registration body is the
competent authority in the State as respects quantity surveyors.
(3) The registration body shall establish an Admissions Board for
the purpose of registering persons under this Part.
(4) The Admissions Board shall consist of a chairperson and 7
ordinary members, the latter appointed by the registration body as
follows:
(a) 3 quantity surveyors nominated for such appointment by
the registration body following consultation with the
bodies referred to in paragraphs (b), (c), (e) and (f) of
section 29(2);
(b) 4 persons nominated for such appointment by the
Minister, being persons who are not quantity surveyors.
(5) The chairperson of the Admissions Board shall be a solicitor,
a barrister or a former judge of the Circuit Court, High Court or
Supreme Court who shall be appointed as chairperson by the
Minister.
33
Pt.3
Certain other
jurisdiction of
Appeals Board
(Part 3).
Registration body
and Admissions
Board (Part 4).
Pt.4
Registration of
quantity surveyors.
34
[No. 21.] Building Control Act 2007. [2007.]
29.—(1) The registration body shall establish a register for
quantity surveyors (the “register”).
(2) Each of the following is eligible for registration in the register:
(a) a graduate of—
(i) the Dublin Institute of Technology,
(ii) the Limerick Institute of Technology, or
(iii) such other educational body as may be prescribed,
who has received from it—
(I) in any year prior to 2005, a diploma called the
Construction Economic Diploma or a degree of
Bachelor of Science in Quantity Surveying,
(II) in 2005 or any subsequent year, an Honours degree
of Bachelor of Science in Construction Economics
and Management or an Honours degree of Bachelor
of Science in Construction Economics (Quantity
Surveying), or
(III) such other degree, diploma or qualification as may
be prescribed,
and who, in each case, has at least 2 years appropriate
experience of performing duties commensurate with
those of a quantity surveyor;
(b) a fellow or associate of the Society of Chartered
Surveyors, Quantity Surveying Division;
(c) a fellow or member of the Chartered Institute of Building,
who has at least 3 years practical experience of
performing duties commensurate with those of a
quantity surveyor;
(d) a former fellow or member of the Architecture and
Surveying Institute, Quantity Surveying Section (now
merged with the Chartered Institute of Building), who
has at least 5 years practical experience of performing
duties commensurate with those of a quantity surveyor;
(e) a fellow or member of the Association of Building
Engineers, Quantity Surveying Section, who has at least
5 years practical experience of performing duties
commensurate with those of a quantity surveyor;
(f) a fellow or member of the Institution of Civil Engineering
Surveyors who has at least 5 years practical experience
of performing duties commensurate with those of a
quantity surveyor;
(g) a person who on or after 1 January 2001 and prior to 2005
attained a degree of Bachelor of Science in Quantity
Surveying or in 2005 or any subsequent year an Honours
degree of Bachelor of Science in Construction Economics
(Quantity Surveying) and is enrolled as a fellow or
member of the Chartered Institute of Building, the
Architecture and Surveying Institute, the Association of
[2007.] [Building Control Act 2007. No. 21.]
Building Engineers or the Institution of Civil Engineering
Surveyors and who, in each case, has at least 3 years
practical experience of performing duties commensurate
with those of a quantity surveyor;
(h) a person eligible for such registration by virtue of section
30 (which relates to holders of qualifications from other
states);
(i) a national or resident of a state who, by virtue of the
following agreement, is entitled to have his or her
qualifications in the field of quantity surveying
recognised in the State, namely, an agreement that—
(i) is entered into between the European Union and the
World Trade Organisation, and
(ii) provides for the recognition by the states to which the
agreement relates of qualifications of a class
specified in the agreement;
(j) a national of a Member State who has been awarded in a
Member State a qualification that the State, pursuant to
a relevant measure, is obliged to recognise as
corresponding to a qualification referred to in
paragraph (a);
(k) a person (not being a person who is eligible for registration
pursuant to section 30) who—
(i) has been awarded in a state, other than a Member
State or a state which is a member of the World
Trade Organisation, a degree, diploma or other
qualification in quantity surveying, and
(ii) can demonstrate that he or she has sufficient postgraduate
experience of performing duties
commensurate with those of a quantity surveyor;
(l) a person who has been assessed as eligible for registration
by the Technical Assessment Board in accordance with
the practical experience assessment procedures.
(3) Membership of the registration body is not a prerequisite for
registration in the register or continuance of registration and the
same fee shall be charged for registration in the register whether or
not the particular person is a member of the registration body.
(4) No prescribing in respect of an educational body or in respect
of any degree, diploma or other qualification that is awarded or
conferred by it shall be done for the purposes of subsection (2)(a)
unless the Minister is satisfied that the course provided by the body
leading to the award or conferral of the degree, diploma or other
qualification provides the requisite instruction in the various
elements of the discipline of quantity surveying.
(5) For the purposes of the Minister satisfying himself or herself
of the foregoing matter, the Minister shall consult with the National
Qualifications Authority of Ireland or the Higher Education and
Training Awards Council as appropriate.
35
Pt.4 S.29
Pt.4
Nationals from
other states eligible
for registration
(Part 4).
36
[No. 21.] Building Control Act 2007. [2007.]
30.—(1) A person who wishes to be registered by virtue of
satisfying conditions for recognition of his or her qualifications under
Chapter I of Title III of the Directive may apply to the Admissions
Board for a decision that he or she is eligible to be registered in
pursuance of this section.
(2) A person who makes an application under this section shall
submit the following to the Admissions Board:
(a) an attestation of competence issued by another Member
State in relation to that person;
(b) evidence of formal qualifications;
(c) where appropriate, evidence that the person has, on a full
time basis, performed duties commensurate with those of
a quantity surveyor for not less than 2 years during the
previous 10 years.
(3) Subject to the provisions of the Directive, the Admissions
Board may request additional information to be submitted by the
applicant within a specified period and may require the applicant to
appear for an interview if it considers it necessary.
(4) Where an interview is required, at least 4 members of the
Admissions Board shall be present for the interview.
(5) The interview shall be recorded in writing or in such other
form as the Admissions Board may decide, and additional
information may, subsequent to the interview, be required to be
submitted by the applicant to those who conducted the interview.
(6) An applicant may be accompanied at the interview by a
professional advisor, including a lawyer, but any expense incurred by
the applicant in being so accompanied shall be borne by the
applicant.
(7) In relation to an application under this section, the
Admissions Board may seek independent verification of documents
furnished to it in accordance with Article 50 of the Directive.
(8) (a) The Admissions Board may require, in accordance with
Article 14 of the Directive, that a person who makes an
application under this section shall complete an
adaptation period of up to 3 years or take an aptitude
test.
(b) For that purpose, the Admissions Board shall serve a
notice on the applicant stating that—
(i) the applicant may opt to complete an adaptation
period or take an aptitude test (and those
alternatives are referred to in subparagraph (iii) as
the “2 alternatives”),
(ii) if it is an adaptation period the applicant opts to
complete, that period shall be of a duration specified
in the notice,
(iii) if the applicant fails to opt as between the 2
alternatives (and notify, in writing, his or her
decision in that regard to the Board within a period
specified for that purpose in the notice), the Board
[2007.] [Building Control Act 2007. No. 21.]
shall determine whether to require the applicant to
complete an adaptation period or take an aptitude
test (and, if it is an adaptation period the Board
determines that it shall require the applicant to
complete, the duration of that period shall be the
same as the duration stated in the notice for the
purposes of subparagraph (ii)), and
(iv) if the applicant fails, having been registered pursuant
to this section, to complete successfully an
adaptation period or take and pass an aptitude test
which, by virtue of the Directive and this section—
(I) he or she has opted to complete or take and
pass, or,
(II) the Admissions Board requires him or her to
complete or take and pass,
the applicant’s name shall be erased from the
register.
(9) The Admissions Board shall satisfy itself that the person who
makes an application under this section has a knowledge of language
necessary for practising quantity surveying in the State.
(10) Where the Admissions Board decides—
(a) that the applicant is eligible for registration in the register
pursuant to this section, it shall take the necessary steps
to register the applicant on payment of any applicable
registration fee, or
(b) that—
(i) the applicant is not eligible for registration in the
register pursuant to this section, or
(ii) without prejudice to subsection (8), the applicant
should obtain a knowledge of language necessary for
practising quantity surveying in the State,
the chairperson shall immediately send a notice in writing
to the applicant, by prepaid registered post to the address
of the applicant as furnished in his or her application,
advising the applicant of the decision, the date on which
it was made and the reasons for it.
(11) A person who is registered pursuant to this section shall—
(a) use the professional title — “quantity surveyor”, and
(b) unless he or she is a member of a body referred to in
Annex 1 of the Directive, not expressly represent, or
imply by use of any words or letters, that he or she is a
member of that body.
(12) The Admissions Board shall make a decision on whether or
not a person is eligible for registration in the register pursuant to this
section as quickly as possible, and in any event (but subject to
subsection (13)), within 3 months after the date of submission of the
completed documentation by the applicant to the Board.
37
Pt.4 S.30
Pt.4 S.30
Fees (Part 4).
38
[No. 21.] Building Control Act 2007. [2007.]
(13) If in the particular circumstances of the matter the
Admissions Board determines that it is not practicable for it to make
the decision referred to in subsection (12) within the period referred
to in that subsection it may, by notice in writing sent, by prepaid
registered post, to the applicant, extend that period once or more
than once (but the period or the aggregate of the periods of such
extension shall not be more than one month).
(14) (a) If it appears to the Admissions Board that a person who
is registered in the register pursuant to this section—
(i) has, in a case where subsection (8) applies, failed to
complete successfully an adaptation period or take
and pass an aptitude test, as the case may be,
mentioned in that subsection, or
(ii) has, in a case where subsection (10)(b)(ii) applies,
failed to obtain the knowledge of language
mentioned in that provision,
the Admissions Board shall decide that the name of the
person shall be erased from the register.
(b) If the Admissions Board makes such a decision, it shall
direct the Registrar to erase the name of the person from
the register; on erasing the name of the person from the
register, the Registrar shall forthwith send by prepaid
registered post to such person, at the person’s address as
stated in the register, notice in writing of the erasure.
(15) So much of the provisions of this section as have effect in
cases where—
(a) the person concerned is a national of a Member State,
(b) any act or thing is done or awarded or issued in, or by a
competent authority of a Member State, or
(c) a matter is provided under the law of a Member State,
shall, to the extent that the terms of these provisions would prevent
the equal treatment or recognition mentioned in subsection (16)
being accorded to the person mentioned in that subsection, be read
subject to such modifications as will allow that equal treatment or
recognition to be accorded to that person.
(16) (a) The equal treatment mentioned in subsection (15) is the
equal treatment of a family member (within the meaning
of Directive 2004/38 of the European Parliament and of
the Council of 29 April 2004) of a national of a Member
State required by Article 42(1) of that Directive.
(b) The recognition mentioned in subsection (15) is the
recognition required by Article 27 of Council Directive
2004/83/EC of 29 April 2004 of qualifications of a person
who is a beneficiary of refugee or subsidiary protection
status (within the meaning of that Directive).
31.—(1) A person applying for registration under this Part shall,
at the time of applying, pay the specified fee to the registration body
and, in addition, as a condition of continuing to be registered, pay a
[2007.] [Building Control Act 2007. No. 21.]
specified annual fee on a date as may be specified by the
registration body.
(2) Where the Registrar has twice sent a notice by prepaid
registered post to a registered professional’s address as given in the
register, requesting payment of the annual fee the Registrar may, if
the person has not paid the fee within 2 months after sending the
second notice, remove the person’s name from the register and
thereupon shall send a notice by prepaid registered post informing
the person that he or she is no longer registered.
(3) Notwithstanding subsection (2), the Registrar may, in cases of
verified hardship, waive the requirement to pay a fee under this
section, direct that a fee of an amount lesser than the specified
amount may be paid for the purposes of this section or remit a fee
paid under this section, in whole or in part.
(4) Where a person’s name has been removed from the register
for non-payment of fees and the person pays the outstanding fees
together with any other specified fees, the Registrar shall re-enter
the person’s name in the register and it shall be treated as having
been re-entered on the date it was removed.
32.—(1) A person who—
(a) not being registered under this Part, uses the title
“quantity surveyor”, either alone or in combination with
any other words or letters, or name, title or description,
implying that the person is so registered,
(b) with intent to deceive, makes use of a certificate issued
under this Part to such person or any other person,
(c) makes or causes to be made, any false declaration or
misrepresentation for the purpose of obtaining
registration under this Part, or aids or abets such action,
or
(d) practises or carries on business under any name, style or
title containing the words “quantity surveyor”, unless he
or she is registered under this Part,
shall be guilty of an offence and shall be liable, on summary
conviction, to a fine not exceeding \5,000 or imprisonment for a term
not exceeding 12 months or both.
(2) If the contravention in respect of which a person is convicted
of an offence under subsection (1) is continued after the conviction,
the person shall be guilty of a further offence on every day on which
the contravention continues and for each such offence the person
shall be liable, on summary conviction, to a fine not exceeding \500.
(3) Subsection (1) does not prevent a body corporate, firm or
partnership from carrying on business under a name, style or title
containing the words “quantity surveyor” if—
(a) the business, so far as it relates to quantity surveying, is
under the control and management of a registered
professional, and
39
Pt.4 S.31
Prohibition against
using term
“quantity surveyor”
unless registered.
Pt.4 S.32
Registrar (Part 4).
40
[No. 21.] Building Control Act 2007. [2007.]
(b) in all premises where its business relating to quantity
surveying is carried on, it is by or under the supervision
of a registered professional.
(4) Paragraph (a) or (d) of subsection (1) shall not apply to a
person who has—
(a) applied for registration under this Part and in respect of
whom the Admissions Board or the Technical
Assessment Board, as the case may be, has not made a
decision on that application (and the person has not
withdrawn that application to the board concerned),
(b) appealed to the Appeals Board against a decision of the
Admissions Board or the Technical Assessment Board
on an application referred to in paragraph (a) and in
respect of whom the Appeals Board has not made a
decision on that appeal (and the person has not
withdrawn that appeal to the Appeals Board), or
(c) appealed to the High Court against a decision of the
Appeals Board referred to in paragraph (b) and in
respect of whom the High Court has not made a decision
on that appeal (and the person has not withdrawn that
appeal to the High Court).
(5) The registration body may by rules provide that subsection (3)
shall not apply in relation to a body corporate, firm or partnership
unless it has provided to the registration body such information,
necessary for determining whether that subsection applies, as may
be provided for in such rules.
(6) For the purposes of this section, a person is not to be regarded
as not practising by reason only of that person being in the
employment of another person.
(7) In this section, “business” includes any undertaking which is
carried on for fee or reward or in the course of which services are
provided otherwise than free of charge.
33.—(1) The registration body shall appoint a Registrar to be
responsible for keeping the register under this Part.
(2) The registration body, in addition to paying the Registrar a
salary or fee, may pay a pension to the Registrar or make
contributions to the payment of a pension, and may pay the Registrar
allowances and expenses.
(3) The register shall be in such form, including electronic,
photographic or other form, as the registration body decides.
(4) Where a person has applied for registration in accordance with
this Part, if the Admissions Board is satisfied that the person is
entitled to be registered, the Registrar shall enter the person’s name
in the register.
(5) Where a person’s name is entered in the register, the Registrar
shall send to the person a certificate stating that the person is
registered.
(6) Where a person receives a certificate under subsection (5), the
person shall forthwith cause the certificate to be displayed at the
[2007.] [Building Control Act 2007. No. 21.]
place where the person practises quantity surveying at all times
during which his or her registration continues, but not otherwise.
(7) The Registrar shall ensure the register is kept up to date and
shall make it available for inspection at the office of the Registrar
during normal working hours.
(8) A registered professional shall notify the Registrar of any
change in the name under which or the address at which he or she
carries on business.
34.—(1) Subject to subsection (3), a registered professional may
apply to the Registrar to have his or her name removed from the
register and, on receipt of the application and on payment of the
specified fee, the Registrar shall remove it.
(2) A person whose name has been removed from the register
may apply to the Registrar to have his or her name restored to the
register and, on application and payment of the specified fee, but
subject to any conditions imposed by the Admissions Board with
respect to such restoration, the Registrar shall restore it to the
register.
(3) Where a complaint is being investigated by the Professional
Conduct Committee under Part 6 in relation to a person, no
application shall be entertained by the Registrar to remove the
person’s name from the register until the investigation has been
completed and the Committee has decided what action to take.
(4) Nothing in this section shall prevent a Professional Conduct
Committee from refusing to restore a person’s name to the register
on the grounds of unfitness to practise quantity surveying or
attaching conditions to such restoration.
(5) Where the Professional Conduct Committee decides to refuse
to so restore a person’s name or decides to attach conditions to such
restoration, the Registrar shall forthwith send a notice to the person
by prepaid registered post to the last address given in the register
informing the person of the decision, the date on which it was made
and the reasons for it.
35.—(1) The registration body shall establish a Technical
Assessment Board to consider applications for registration in the
register from persons who do not fall within any of paragraphs (a)
to (k) of section 29(2).
(2) The Technical Assessment Board shall consist of a
chairperson and 7 ordinary members, the latter appointed by the
registration body as follows:
(a) 3 quantity surveyors nominated for such appointment by
the registration body following consultation with the
bodies referred to in paragraphs (b), (c), (e) and (f) of
section 29(2);
(b) 4 persons nominated for such appointment by the
Minister, being persons who are not quantity surveyors.
(3) The chairperson of the Technical Assessment Board shall be
a solicitor, a barrister or a former judge of the Circuit Court, High
41
Pt.4 S.33
Removal from
register (Part 4).
Technical
Assessment Board
(Part 4).
Pt.4 S.35
Technical
Assessment Board
procedure (Part 4).
42
[No. 21.] Building Control Act 2007. [2007.]
Court or Supreme Court who shall be appointed as chairperson by
the Minister.
36.—(1) Each of the following may apply to the Technical
Assessment Board for a decision that he or she is eligible to be
registered in the register pursuant to this section:
(a) a person who—
(i) on 1 January 2001 was a non-corporate member of
the Chartered Institute of Building, the Architecture
and Surveying Institute (now merged with the
Chartered Institute of Building), the Association of
Building Engineers or the Institution of Civil
Engineering Surveyors, and
(ii) has been performing duties commensurate with those
of a quantity surveyor for a period of 8 or more years
in the State (but no period of such performance that
occurs on or after the commencement of this section
shall be reckoned for the purposes of this
subparagraph);
(b) a person who has been performing duties commensurate
with those of a quantity surveyor for a period of 10 or
more years in the State (but no period of such
performance that occurs on or after the commencement
of this section shall be reckoned for the purposes of this
paragraph).
(2) A person who makes an application under this section shall
submit the following to the Technical Assessment Board:
(a) a curriculum vitae providing details of the work carried
out by the applicant in the field of quantity surveying
during the period referred to in paragraph (a)(ii) or, as
the case may be, paragraph (b) of subsection (1); and
(b) such independent verification, as the Technical
Assessment Board may require, of the documentation
so submitted.
(3) The Technical Assessment Board may request additional
information to be submitted by the applicant within a specified
period and may require the applicant to appear for an interview if it
considers it necessary.
(4) Where an interview is required, at least 4 members of the
Technical Assessment Board shall be present for the interview.
(5) The interview shall be recorded in writing or in such other
form as the Technical Assessment Board may decide, and additional
information may, subsequent to the interview, be required to be
submitted by the applicant to those who conducted the interview.
(6) An applicant may be accompanied at the interview by a
professional advisor, including a lawyer, but any expense incurred by
the applicant in being so accompanied shall be borne by the
applicant.
(7) Where the Technical Assessment Board decides—
[2007.] [Building Control Act 2007. No. 21.]
(a) that the applicant is eligible for registration in the register
pursuant to this section, the chairperson shall advise the
Admissions Board which shall take the necessary steps
to register the applicant on payment of any applicable
registration fee, or
(b) that the applicant is not eligible for registration in the
register pursuant to this section, the chairperson shall
immediately send a notice in writing to the applicant, by
prepaid registered post to the address of the applicant as
furnished in his or her application, advising the applicant
of the decision, the date on which it was made and the
reasons for it.
37.—(1) The registration body shall establish a Professional
Conduct Committee (the “Committee”).
(2) The Committee shall consist of a chairperson and 11 ordinary
members, the latter appointed by the registration body as follows:
(a) 5 quantity surveyors nominated for such appointment by
the registration body following consultation with the
bodies referred to in paragraphs (b), (c), (e) and (f) of
section 29(2);
(b) 6 persons who are not quantity surveyors—
(i) 5 of whom are nominated for such appointment by
the Minister, and
(ii) one of whom is nominated for such appointment by
the Minister, with the consent of the Minister for
Enterprise, Trade and Employment.
(3) The chairperson of the Committee shall be a solicitor, a
barrister or a former judge of the Circuit Court, High Court or
Supreme Court who shall be appointed as chairperson by the
Minister with the consent of the Minister for Enterprise, Trade and
Employment.
38.—(1) The registration body shall establish an Appeals Board.
(2) The Appeals Board shall consist of a chairperson and 5
ordinary members, the latter appointed by the registration body as
follows:
(a) 2 quantity surveyors nominated for such appointment by
the registration body following consultation with the
bodies referred to in paragraphs (b), (c), (e) and (f) of
section 29(2), neither of whom shall be a member of any
other Board or Committee established under this Part;
(b) 3 persons who are not quantity surveyors—
(i) 2 of whom are nominated for such appointment by
the Minister, and
(ii) one of whom is nominated for such appointment by
the Minister, with the consent of the Minister for
Enterprise, Trade and Employment,
43
Pt.4 S.36
Professional
Conduct Committee
(Part 4).
Appeals Board
(Part 4).
Pt.4 S.38
Appeals procedure
(Part 4).
44
[No. 21.] Building Control Act 2007. [2007.]
none of whom shall be a member of any other Board or
Committee established under this Part.
(3) The chairperson of the Appeals Board shall be a solicitor, a
barrister or a former judge of the Circuit Court, High Court or
Supreme Court who shall be appointed as chairperson by the
Minister.
39.—(1) A person adversely affected by a decision of the
Admissions Board, the Technical Assessment Board or the
Professional Conduct Committee may appeal to the Appeals Board
against the decision.
(2) An appeal shall be in writing and lodged with the Appeals
Board within 3 months after the date of the decision being
appealed against.
(3) The appeal shall specify the decision to which the appeal
relates and the grounds on which the appeal rests.
(4) An appeal may be based on either procedural or substantive
matters.
(5) A person may, at any time before the appeal is heard,
withdraw the appeal in whole or in part by notifying the Appeals
Board in writing of the withdrawal.
(6) A witness at a hearing conducted by the Appeals Board has
the same immunities and privileges as if he or she were a witness
before the High Court.
(7) The chairperson of the Appeals Board may—
(a) direct in writing an appellant to attend before the Appeals
Board on a date and at a time and place specified in the
direction,
(b) direct in writing any other person whose evidence the
Appeals Board may require, to attend before the
Appeals Board on a date and at a time and place
specified in the direction, and may direct the person to
bring any document in the person’s possession relating to
the appeal,
(c) request the relevant Board or Committee whose decision
is being appealed against to produce any documents in
its possession relating to the appeal, together with its
observations on the appeal,
(d) give any other direction for the purpose of the proceedings
that appears to the chairperson to be fair and reasonable.
(8) The procedures of the Appeals Board shall make provision
for—
(a) notifying the appellant and the chairperson of the relevant
Board or Committee of the date, time and place of the
sitting of the Appeals Board,
(b) advising the appellant of the appellant’s right—
(i) to be present at the Appeals Board’s sitting, and
[2007.] [Building Control Act 2007. No. 21.]
(ii) to present his or her case in person or, at his or her
own expense, through a legal representative,
(c) the examination of witnesses,
(d) determination by the Appeals Board as to whether or not
evidence should be given under oath,
(e) recording of proceedings.
(9) On the hearing of an appeal under this section, the Appeals
Board may—
(a) confirm the decision of the relevant Board or Committee,
subject to any amendment thereof the Appeals Board
thinks fit,
(b) annul the decision and direct the relevant Board or
Committee to make a new decision, or
(c) give such other directions as it thinks fit.
(10) The chairperson of the Appeals Board shall notify—
(a) the appellant in writing, sent by prepaid registered post to
the appellant’s stated address, of the decision taken on
the appeal, the date on which it was made and the
reasons for it, and shall also advise the appellant of the
right to appeal to the High Court against the Appeal
Board’s decision,
(b) the relevant Board or Committee against whose decision
the appeal was made of the decision taken on the appeal,
the date on which it was made and the reasons for it,
(c) where the appellant was the person who had lodged the
complaint with the Professional Conduct Committee
under Part 6, the registered quantity surveyor in respect
of whom the complaint was made, stating the decision
taken on the appeal, the date on which it was made and
the reasons for it.
40.—(1) A person adversely affected by a decision of the Appeals
Board may, within 3 months after the date of such decision, appeal
to the High Court against the decision.
(2) On the hearing of an appeal under this section, the Court
may—
(a) confirm the decision of the Appeals Board, subject to any
amendment thereof the Court thinks fit,
(b) annul the decision and direct the Appeals Board to make
a new decision, or
(c) give such other directions as the Court thinks fit,
and the Court may direct how the costs of the appeal are to be borne.
(3) On the hearing of an appeal under this section from a decision
of the Appeals Board relating to a decision of the Professional
Conduct Committee, the High Court may admit evidence of any
45
Pt.4 S.39
Appeal to High
Court from decision
of Appeals Board
(Part 4).
Pt.4 S.40
Certain other
jurisdiction of
Appeals Board
(Part 4).
Registration body
and Admissions
Board (Part 5).
46
[No. 21.] Building Control Act 2007. [2007.]
person of standing in the quantity surveying profession as to what
constitutes professional misconduct or poor professional
performance.
41.—(1) If the Admissions Board fails to make a decision referred
to in subsection (12) of section 30 within—
(a) unless paragraph (b) applies, the period specified in that
subsection (12), or
(b) if that period has been extended under subsection (13) of
that section, the period of that extension (or, if that
period has been extended more than once under that
subsection, the last period of such extension),
the applicant referred to in section 30 may make a complaint to the
Appeals Board that such a failure has occurred.
(2) On the hearing of such a complaint and having given the
Admissions Board an opportunity to be heard, the Appeals Board
may, as it thinks appropriate—
(a) give a direction to the Admissions Board to make the
decision concerned forthwith, or
(b) make itself a decision on the application concerned
referred to in section 30 (and where the Appeals Board
does so section 40 shall apply to such a decision as it
applies to any other decision of the Appeals Board).
PART 5
Registration of Building Surveyors
42.—(1) The Society of Chartered Surveyors shall be the
registration body for the purposes of this Part.
(2) For the purposes of the Directive, the registration body is the
competent authority in the State as respects building surveyors.
(3) The registration body shall establish an Admissions Board for
the purpose of registering persons under this Part.
(4) The Admissions Board shall consist of a chairperson and 7
ordinary members, the latter appointed by the registration body as
follows:
(a) 3 building surveyors nominated for such appointment by
the registration body following consultation with the
bodies referred to in paragraphs (b), (c) and (e) of
section 43(2);
(b) 4 persons nominated for such appointment by the
Minister, being persons who are not building surveyors.
(5) The chairperson of the Admissions Board shall be a solicitor,
a barrister or a former judge of the Circuit Court, High Court or
Supreme Court who shall be appointed as chairperson by the
Minister.
[2007.] [Building Control Act 2007. No. 21.]
43.—(1) The registration body shall establish a register for
building surveyors (the “register”).
(2) Each of the following is eligible for registration in the register:
(a) a graduate of—
(i) the Dundalk Institute of Technology, or
(ii) such other educational body as may be prescribed,
who has received from it in any year prior to 2005 a
degree of Bachelor of Science in Building Surveying or
in 2005 or any subsequent year an Honours degree of
Bachelor of Science in Building Surveying or such other
degree, diploma or qualification as may be prescribed
and who, in each case, has at least 2 years appropriate
experience of performing duties commensurate with
those of a building surveryor;
(b) a fellow or associate of the Society of Chartered
Surveyors, Building Surveying Division, who has at least
2 years practical experience of performing duties
commensurate with those of a building surveyor;
(c) a fellow or member of the Chartered Institute of Building,
Building Surveying Section, who has at least 2 years
practical experience of performing duties commensurate
with those of a building surveyor;
(d) a former fellow or member of the Architecture and
Surveying Institute, Building Surveying Section (now
merged with the Chartered Institute of Building), who
has at least 2 years practical experience of performing
duties commensurate with those of a building surveyor;
(e) a fellow or member of the Association of Building
Engineers, Building Surveying Section, who has at least
2 years practical experience of performing duties
commensurate with those of a building surveyor;
(f) a person who on or after 1 January 2001 and prior to 2005
attained a degree of Bachelor of Science in Building
Surveying or in 2005 or any subsequent year an Honours
degree of Bachelor of Science in Building Surveying and
is enrolled as a fellow or associate of the Society of
Chartered Surveyors, or as a fellow or member of the
Chartered Institute of Building, the Architecture and
Surveying Institute or the Association of Building
Engineers;
(g) a person eligible for such registration by virtue of section
44 (which relates to holders of qualifications from other
states);
(h) a national of a Member State who has been awarded in a
Member State a qualification that the State, pursuant to
a relevant measure, is obliged to recognise as
corresponding to a qualification referred to in
paragraph (a);
(i) a national or resident of a state who, by virtue of the
following agreement, is entitled to have his or her
47
Pt.5
Registration of
building surveyors.
Pt.5 S.43
Nationals from
other states eligible
for registration
(Part 5).
48
[No. 21.] Building Control Act 2007. [2007.]
qualifications in the field of building surveying recognised
in the State, namely, an agreement that—
(i) is entered into between the European Union and the
World Trade Organisation, and
(ii) provides for the recognition by the states to which the
agreement relates of qualifications of a class
specified in the agreement;
(j) a person (not being a person who is eligible for registration
pursuant to section 44) who—
(i) has been awarded in a state, other than a Member
State or a state which is a member of the World
Trade Organisation, a degree, diploma or other
qualification in building surveying, and
(ii) can demonstrate that he or she has sufficient postgraduate
experience of performing duties
commensurate with those of a building surveyor;
(k) a person who has been assessed as eligible for registration
by the Technical Assessment Board in accordance with
the practical experience assessment procedures.
(3) Membership of the registration body is not a prerequisite for
registration in the register or continuance of registration and the
same fee shall be charged for registration in the register whether or
not the particular person is a member of the registration body.
(4) No prescribing in respect of an educational body or in respect
of any degree, diploma or other qualification that is awarded or
conferred by it shall be done for the purposes of subsection (2)(a)
unless the Minister is satisfied that the course provided by the body
leading to the award or conferral of the degree, diploma or other
qualification provides the requisite instruction in the various
elements of the discipline of building surveying.
(5) For the purposes of the Minister satisfying himself or herself
of the foregoing matter, the Minister shall consult with the National
Qualifications Authority of Ireland or the Higher Education and
Training Awards Council as appropriate.
44.—(1) A person who wishes to be registered by virtue of
satisfying conditions for recognition of his or her qualifications under
Chapter I of Title III of the Directive may apply to the Admissions
Board for a decision that he or she is eligible to be registered in
pursuance of this section.
(2) A person who makes an application under this section shall
submit the following to the Admissions Board:
(a) an attestation of competence issued by another Member
State in relation to that person;
(b) evidence of formal qualifications;
(c) where appropriate, evidence that the person has, on a full
time basis, performed duties commensurate with those of
a building surveyor for not less than 2 years during the
previous 10 years.
[2007.] [Building Control Act 2007. No. 21.]
(3) Subject to the provisions of the Directive, the Admissions
Board may request additional information to be submitted by the
applicant within a specified period and may require the applicant to
appear for an interview if it considers it necessary.
(4) Where an interview is required, at least 4 members of the
Admissions Board shall be present for the interview.
(5) The interview shall be recorded in writing or in such other
form as the Admissions Board may decide, and additional
information may, subsequent to the interview, be required to be
submitted by the applicant to those who conducted the interview.
(6) An applicant may be accompanied at the interview by a
professional advisor, including a lawyer, but any expense incurred by
the applicant in being so accompanied shall be borne by the
applicant.
(7) In relation to an application under this section, the
Admissions Board may seek independent verification of documents
furnished to it in accordance with Article 50 of the Directive.
(8) (a) The Admissions Board may require, in accordance with
Article 14 of the Directive, that a person who makes an
application under this section shall complete an
adaptation period of up to 3 years or take an aptitude
test.
(b) For that purpose, the Admissions Board shall serve a
notice on the applicant stating that—
(i) the applicant may opt to complete an adaptation
period or take an aptitude test (and those
alternatives are referred to in subparagraph (iii) as
the “2 alternatives”),
(ii) if it is an adaptation period the applicant opts to
complete, that period shall be of a duration specified
in the notice,
(iii) if the applicant fails to opt as between the 2
alternatives (and notify, in writing, his or her
decision in that regard to the Board within a period
specified for that purpose in the notice), the Board
shall determine whether to require the applicant to
complete an adaptation period or take an aptitude
test (and, if it is an adaptation period the Board
determines that it shall require the applicant to
complete, the duration of that period shall be the
same as the duration stated in the notice for the
purposes of subparagraph (ii)), and
(iv) if the applicant fails, having been registered pursuant
to this section, to complete successfully an
adaptation period or take and pass an aptitude test
which, by virtue of the Directive and this section—
(I) he or she has opted to complete or take and
pass, or
(II) the Admissions Board requires him or her to
complete or take and pass,
49
Pt.5 S.44
Pt.5 S.44
50
[No. 21.] Building Control Act 2007. [2007.]
the applicant’s name shall be erased from the
register.
(9) The Admissions Board shall satisfy itself that the person has
a knowledge of language necessary for practising building surveying
in the State.
(10) Where the Admissions Board decides—
(a) that the applicant is eligible for registration in the register
pursuant to this section, it shall take the necessary steps
to register the applicant on payment of any applicable
registration fee, or
(b) that—
(i) the applicant is not eligible for registration in the
register pursuant to this section, or
(ii) without prejudice to subsection (8), the applicant
should obtain a knowledge of language necessary for
practising building surveying in the State,
the chairperson shall immediately send a notice in writing
to the applicant, by prepaid registered post to the address
of the applicant as furnished in his or her application,
advising the applicant of the decision, the date on which
it was made and the reasons for it.
(11) A person who is registered pursuant to this section shall—
(a) use the professional title — “building surveyor”, and
(b) unless he or she is a member of a body referred to in
Annex 1 of the Directive, not expressly represent or
imply, by use of any words or letters, that he or she is a
member of that body.
(12) The Admissions Board shall make a decision on whether or
not a person is eligible for registration in the register pursuant to this
section as quickly as possible and, in any event (but subject to
subsection (13)), within 3 months after the date of submission of the
completed documentation by the applicant to the Board.
(13) If in the particular circumstances of the matter the
Admissions Board determines that it is not practicable for it to make
the decision referred to in subsection (12) within the period referred
to in that subsection it may, by notice in writing sent, by prepaid
registered post, to the applicant, extend that period once or more
than once (but the period or the aggregate of the periods of such
extension shall not be more than one month).
(14) (a) If it appears to the Admissions Board that a person who
is registered in the register pursuant to this section—
(i) has, in a case where subsection (8) applies, failed to
complete successfully an adaptation period or take
and pass an aptitude test, as the case may be,
mentioned in that subsection, or
(ii) has, in a case where subsection (10)(b)(ii) applies,
failed to obtain the knowledge of language
mentioned in that provision,
[2007.] [Building Control Act 2007. No. 21.]
the Admissions Board shall decide that the name of the
person shall be erased from the register.
(b) If the Admissions Board makes such a decision, it shall
direct the Registrar to erase the name of the person from
the register; on erasing the name of the person from the
register, the Registrar shall forthwith send by prepaid
registered post to such person, at the person’s address as
stated in the register, notice in writing of the erasure.
(15) So much of the provisions of this section as have effect in
cases where—
(a) the person concerned is a national of a Member State,
(b) any act or thing is done or awarded or issued in, or by a
competent authority of a Member State, or
(c) a matter is provided under the law of a Member State,
shall, to the extent that the terms of these provisions would prevent
the equal treatment or recognition mentioned in subsection (16)
being accorded to the person mentioned in that subsection, be read
subject to such modifications as will allow that equal treatment or
recognition to be accorded to that person.
(16) (a) The equal treatment mentioned in subsection (15) is the
equal treatment of a family member (within the meaning
of Directive 2004/38 of the European Parliament and of
the Council of 29 April 2004) of a national of a Member
State required by Article 42(1) of that Directive.
(b) The recognition mentioned in subsection (15) is the
recognition required by Article 27 of Council Directive
2004/83/EC of 29 April 2004 of qualifications of a person
who is a beneficiary of refugee or subsidiary protection
status (within the meaning of that Directive).
45.—(1) A person applying for registration under this Part shall,
at the time of applying, pay the specified fee to the registration body
and, in addition, as a condition of continuing to be registered, pay a
specified annual fee on a date as may be specified by the
registration body.
(2) Where the Registrar has twice sent a notice by prepaid
registered post to a registered professional’s address as given in the
register, requesting payment of the annual fee the Registrar may, if
the person has not paid the fee within 2 months after sending the
second notice, remove the person’s name from the register and
thereupon shall send a notice by prepaid registered post informing
the person that he or she is no longer registered.
(3) Notwithstanding subsection (2), the Registrar may, in cases of
verified hardship, waive the requirement to pay a fee under this
section, direct that a fee of an amount lesser than the specified
amount may be paid for the purposes of this section or remit a fee
paid under this section, in whole or in part.
(4) Where a person’s name has been removed from the register
for non-payment of fees and the person pays the outstanding fees
together with any other specified fees, the Registrar shall re-enter
51
Pt.5 S.44
Fees (Part 5).
Pt.5 S.45
Prohibition against
using term
“building surveyor”
unless registered.
52
[No. 21.] Building Control Act 2007. [2007.]
the person’s name in the register and it shall be treated as having
been re-entered on the date it was removed.
46.—(1) A person who—
(a) not being registered under this Part, uses the title
“building surveyor”, either alone or in combination with
any other words or letters, or name, title or description,
implying that the person is so registered,
(b) with intent to deceive, makes use of a certificate issued
under this Part to such person or any other person,
(c) makes or causes to be made, any false declaration or
misrepresentation for the purpose of obtaining
registration under this Part, or aids or abets such action,
or
(d) practises or carries on business under any name, style or
title containing the words “building surveyor”, unless he
or she is registered under this Part,
shall be guilty of an offence and shall be liable, on summary
conviction, to a fine not exceeding \5,000 or imprisonment for a term
not exceeding 12 months or both.
(2) If the contravention in respect of which a person is convicted
of an offence under subsection (1) is continued after the conviction,
the person shall be guilty of a further offence on every day on which
the contravention continues and for each such offence the person
shall be liable, on summary conviction, to a fine not exceeding \500.
(3) Subsection (1) does not prevent a body corporate, firm or
partnership from carrying on business under a name, style or title
containing the words “building surveyor” if—
(a) the business, so far as it relates to building surveying, is
under the control and management of a registered
professional, and
(b) in all premises where its business relating to building
surveying is carried on, it is by or under the supervision
of a registered professional.
(4) Paragraph (a) or (d) of subsection (1) shall not apply to a
person who has—
(a) applied for registration under this Part and in respect of
whom the Admissions Board or the Technical
Assessment Board, as the case may be, has not made a
decision on that application (and the person has not
withdrawn that application to the board concerned),
(b) appealed to the Appeals Board against a decision of the
Admissions Board or the Technical Assessment Board
on an application referred to in paragraph (a) and in
respect of whom the Appeals Board has not made a
decision on that appeal (and the person has not
withdrawn that appeal to the Appeals Board), or
(c) appealed to the High Court against a decision of the
Appeals Board referred to in paragraph (b) and in
[2007.] [Building Control Act 2007. No. 21.]
respect of whom the High Court has not made a decision
on that appeal (and the person has not withdrawn that
appeal to the High Court).
(5) The registration body may by rules provide that subsection (3)
shall not apply in relation to a body corporate, firm or partnership
unless it has provided to the registration body such information,
necessary for determining whether that subsection applies, as may
be provided for in such rules.
(6) For the purposes of this section, a person is not to be regarded
as not practising by reason only of that person being in the
employment of another person.
(7) In this section, “business” includes any undertaking which is
carried on for fee or reward or in the course of which services are
provided otherwise than free of charge.
47.—(1) The registration body shall appoint a Registrar to be
responsible for keeping the register under this Part.
(2) The registration body, in addition to paying the Registrar a
salary or fee, may pay a pension to the Registrar or make
contributions to the payment of a pension, and may pay the Registrar
allowances and expenses.
(3) The register shall be in such form, including electronic,
photographic or other form, as the registration body decides.
(4) Where a person has applied for registration in accordance with
this Part, if the Admissions Board is satisfied that the person is
entitled to be registered, the Registrar shall enter the person’s name
in the register.
(5) Where a person’s name is entered in the register, the Registrar
shall send to the person a certificate stating that the person is
registered.
(6) Where a person receives a certificate under subsection (5), the
person shall forthwith cause the certificate to be displayed at the
place where the person practises building surveying at all times
during which his or her registration continues, but not otherwise.
(7) The Registrar shall ensure the register is kept up to date and
shall make it available for inspection at the office of the Registrar
during normal working hours.
(8) A registered professional shall notify the Registrar of any
change in the name under which or the address at which he or she
carries on business.
48.—(1) Subject to subsection (3), a registered professional may
apply to the Registrar to have his or her name removed from the
register and, on receipt of the application and on payment of the
specified fee, the Registrar shall remove it.
(2) A person whose name has been removed from the register
may apply to the Registrar to have his or her name restored to the
register and, on application and payment of the specified fee, but
subject to any conditions imposed by the Admissions Board with
53
Pt.5 S.46
Registrar (Part 5).
Removal from
register (Part 5).
Pt.5 S.48
Technical
Assessment Board
(Part 5).
Technical
Assessment Board
procedure (Part 5).
54
[No. 21.] Building Control Act 2007. [2007.]
respect to such restoration, the Registrar shall restore it to the
register.
(3) Where a complaint is being investigated by the Professional
Conduct Committee under Part 6 in relation to a person, no
application shall be entertained by the Registrar to remove the
person’s name from the register until the investigation has been
completed and the Committee has decided what action to take.
(4) Nothing in this section shall prevent a Professional Conduct
Committee from refusing to restore a person’s name to the register
on the grounds of unfitness to practise building surveying or
attaching conditions to such restoration.
(5) Where the Professional Conduct Committee decides to refuse
to so restore a person’s name or decides to attach conditions to such
restoration, the Registrar shall forthwith send a notice to the person
by prepaid registered post to the last address given in the register
informing the person of the decision, the date on which it was made
and the reasons for it.
49.—(1) The registration body shall establish a Technical
Assessment Board to consider applications for registration in the
register from persons who do not fall within any of paragraphs (a)
to (j) of section 43(2).
(2) The Technical Assessment Board shall consist of a
chairperson and 7 ordinary members, the latter appointed by the
registration body as follows:
(a) 3 building surveyors nominated for such appointment by
the registration body following consultation with the
bodies referred to in paragraphs (b), (c) and (e) of
section 43(2);
(b) 4 persons nominated for such appointment by the
Minister, being persons who are not building surveyors.
(3) The chairperson of the Technical Assessment Board shall be
a solicitor, a barrister or a former judge of the Circuit Court, High
Court or Supreme Court who shall be appointed as chairperson by
the Minister.
50.—(1) Each of the following may apply to the Technical
Assessment Board for a decision that he or she is eligible to be
registered in the register pursuant to this section:
(a) a person who—
(i) on 1 May 1999 was a non-corporate member of the
Chartered Institute of Building, the Architecture and
Surveying Institute (now merged with the Chartered
Institute of Building) or the Association of Building
Engineers, and
(ii) has been performing duties commensurate with those
of a building surveyor for a period of 8 or more years
in the State (but no period of such performance that
occurs on or after the commencement of this section
shall be reckoned for the purposes of this
subparagraph);
[2007.] [Building Control Act 2007. No. 21.]
(b) a person who has been performing duties commensurate
with those of a building surveyor for a period of 10 or
more years in the State (but no period of such
performance that occurs on or after the commencement
of this section shall be reckoned for the purposes of this
paragraph).
(2) A person who makes an application under this section shall
submit the following to the Technical Assessment Board:
(a) a curriculum vitae providing details of the work carried
out by the applicant in the field of building surveying
during the period referred to in paragraph (a)(ii) or, as
the case may be, paragraph (b) of subsection (1); and
(b) such independent verification, as the Technical
Assessment Board may require, of the documentation
so submitted.
(3) The Technical Assessment Board may request additional
information to be submitted by the applicant within a specified
period and may require the applicant to appear for an interview if it
considers it necessary.
(4) Where an interview is required, at least 4 members of the
Technical Assessment Board shall be present for the interview.
(5) The interview shall be recorded in writing or in such other
form as the Technical Assessment Board may decide, and additional
information may, subsequent to the interview, be required to be
submitted by the applicant to those who conducted the interview.
(6) An applicant may be accompanied at the interview by a
professional advisor, including a lawyer, but any expense incurred by
the applicant in being so accompanied shall be borne by the
applicant.
(7) Where the Technical Assessment Board decides—
(a) that the applicant is eligible for registration in the register
pursuant to this section, the chairperson shall advise the
Admissions Board which shall take the necessary steps
to register the applicant on payment of any applicable
registration fee, or
(b) that the applicant is not eligible for registration in the
register pursuant to this section, the chairperson shall
immediately send a notice in writing to the applicant, by
prepaid registered post to the address of the applicant as
furnished in his or her application, advising the applicant
of the decision, the date on which it was made and the
reasons for it.
51.—(1) The registration body shall establish a Professional
Conduct Committee (the “Committee”).
(2) The Committee shall consist of a chairperson and 11 ordinary
members, the latter appointed by the registration body as follows:
(a) 5 building surveyors nominated for such appointment by
the registration body following consultation with the
55
Pt.5 S.50
Professional
Conduct Committee
(Part 5).
Pt.5 S.51
Appeals Board
(Part 5).
Appeals procedure
(Part 5).
56
[No. 21.] Building Control Act 2007. [2007.]
bodies referred to in paragraphs (b), (c) and (e) of
section 43(2);
(b) 6 persons who are not building surveyors—
(i) 5 of whom are nominated for such appointment by
the Minister, and
(ii) one of whom is nominated for such appointment by
the Minister, with the consent of the Minister for
Enterprise, Trade and Employment.
(3) The chairperson of the Committee shall be a solicitor, a
barrister or a former judge of the Circuit Court, High Court or
Supreme Court who shall be appointed as chairperson by the
Minister with the consent of the Minister for Enterprise, Trade and
Employment.
52.—(1) The registration body shall establish an Appeals Board.
(2) The Appeals Board shall consist of a chairperson and 5
ordinary members, the latter appointed by the registration body as
follows:
(a) 2 building surveyors nominated for such appointment by
the registration body following consultation with the
bodies referred to in paragraphs (b), (c) and (e) of section
43(2), neither of whom shall be a member of any other
Board or Committee established under this Part;
(b) 3 persons who are not building surveyors—
(i) 2 of whom are nominated for such appointment by
the Minister, and
(ii) one of whom is nominated for such appointment by
the Minister, with the consent of the Minister for
Enterprise, Trade and Employment,
none of whom shall be a member of any other Board or
Committee established under this Part.
(3) The chairperson of the Appeals Board shall be a solicitor, a
barrister or a former judge of the Circuit Court, High Court or
Supreme Court who shall be appointed as chairperson by the
Minister.
53.—(1) A person adversely affected by a decision of the
Admissions Board, the Technical Assessment Board or the
Professional Conduct Committee may appeal to the Appeals Board
against the decision.
(2) An appeal shall be in writing and lodged with the Appeals
Board within 3 months after the date of the decision being
appealed against.
(3) The appeal shall specify the decision to which the appeal
relates and the grounds on which the appeal rests.
(4) An appeal may be based on either procedural or substantive
matters.
[2007.] [Building Control Act 2007. No. 21.]
(5) A person may, at any time before the appeal is heard,
withdraw the appeal in whole or in part by notifying the Appeals
Board in writing of the withdrawal.
(6) A witness at a hearing conducted by the Appeals Board has
the same immunities and privileges as if he or she were a witness
before the High Court.
(7) The chairperson of the Appeals Board may—
(a) direct in writing an appellant to attend before the Appeals
Board on a date and at a time and place specified in the
direction,
(b) direct in writing any other person whose evidence the
Appeals Board may require, to attend before the
Appeals Board on a date and at a time and place
specified in the direction, and may direct the person to
bring any document in the person’s possession relating to
the appeal,
(c) request the relevant Board or Committee whose decision
is being appealed against to produce any documents in
its possession relating to the appeal, together with its
observations on the appeal,
(d) give any other direction for the purpose of the proceedings
that appears to the chairperson to be fair and reasonable.
(8) The procedures of the Appeals Board shall make provision
for—
(a) notifying the appellant and the chairperson of the relevant
Board or Committee of the date, time and place of the
sitting of the Appeals Board,
(b) advising the appellant of the appellant’s right—
(i) to be present at the Appeals Board’s sitting, and
(ii) to present his or her case in person or, at his or her
own expense, through a legal representative,
(c) the examination of witnesses,
(d) determination by the Appeals Board as to whether or not
evidence should be given under oath,
(e) recording of proceedings.
(9) On the hearing of an appeal under this section, the Appeals
Board may—
(a) confirm the decision of the relevant Board or Committee,
subject to any amendment thereof the Appeals Board
thinks fit,
(b) annul the decision and direct the relevant Board or
Committee to make a new decision, or
(c) give such other directions as it thinks fit.
(10) The chairperson of the Appeals Board shall notify—
57
Pt.5 S.53
Pt.5 S.53
Appeal to High
Court from decision
of Appeals Board
(Part 5).
Certain other
jurisdiction of
Appeals Board
(Part 5).
58
[No. 21.] Building Control Act 2007. [2007.]
(a) the appellant in writing, sent by prepaid registered post to
the appellant’s stated address, of the decision taken on
the appeal, the date on which it was made and the
reasons for it, and shall also advise the appellant of the
right to appeal to the High Court against the Appeals
Board’s decision,
(b) the relevant Board or Committee against whose decision
the appeal was made of the decision taken on the appeal,
the date on which it was made and the reasons for it,
(c) where the appellant was the person who had lodged the
complaint with the Professional Conduct Committee
under Part 6, the registered building surveyor in respect
of whom the complaint was made, stating the decision
taken on the appeal, the date on which it was made and
the reasons for it.
54.—(1) A person adversely affected by a decision of the Appeals
Board may, within 3 months after the date of such decision, appeal
to the High Court against the decision.
(2) On the hearing of an appeal under this section, the Court
may—
(a) confirm the decision of the Appeals Board, subject to any
amendment thereof the Court thinks fit,
(b) annul the decision and direct the Appeals Board to make
a new decision, or
(c) give such other directions as the Court thinks fit,
and the Court may direct how the costs of the appeal are to be borne.
(3) On the hearing of an appeal under this section from a decision
of the Appeals Board relating to a decision of the Professional
Conduct Committee, the High Court may admit evidence of any
person of standing in the building surveying profession as to what
constitutes professional misconduct or poor professional
performance.
55.—(1) If the Admissions Board fails to make a decision referred
to in subsection (12) of section 44 within—
(a) unless paragraph (b) applies, the period specified in that
subsection (12), or
(b) if that period has been extended under subsection (13) of
that section, the period of that extension (or, if that
period has been extended more than once under that
subsection, the last period of such extension),
the applicant referred to in section 44 may make a complaint to the
Appeals Board that such a failure has occurred.
(2) On the hearing of such a complaint and having given the
Admissions Board an opportunity to be heard, the Appeals Board
may, as it thinks appropriate—
[2007.] [Building Control Act 2007. No. 21.]
(a) give a direction to the Admissions Board to make the
decision concerned forthwith, or
(b) make itself a decision on the application concerned
referred to in section 44 (and where the Appeals Board
does so section 54 shall apply to such a decision as it
applies to any other decision of the Appeals Board).
PART 6
Fitness to Practise
56.—(1) The registration body shall prepare a code (in this Part
referred to as the “code”) specifying the standards of professional
conduct and practice that shall be adhered to by registered
professionals.
(2) The registration body shall review the code prepared by it
from time to time and may amend its provisions if it thinks fit.
(3) A draft of the proposed code or any amendment of it shall
be—
(a) published by the registration body, in such manner as it
may determine, together with an invitation to the public
and any organisation or other body which appears to the
registration body to have an interest in the matter to
comment on the draft before a date specified by the
registration body in the invitation,
(b) submitted by the registration body to the Competition
Authority with a request for the furnishing in writing
(before a date specified by the registration body in the
submission) by the Authority of its opinion as to whether
any provision of the draft would be likely to result in
competition being prevented, restricted or distorted.
(4) The registration body shall take into account any comment
received by it in accordance with an invitation under subsection
(3)(a) and any opinion in writing of the Competition Authority
received by it in accordance with a request under subsection (3)(b)
in relation to the draft code or any amendment of it before it
prepares the code or the amendment.
(5) The registration body shall provide a copy of the code it has
prepared to anyone who requests it, on payment of a reasonable
charge, or without charge where it considers it appropriate.
57.—(1) Any person may complain to the Professional Conduct
Committee (the “Committee”) concerning an action of a registered
professional which is alleged to amount to professional misconduct
or poor professional performance.
(2) Where the Committee is of the opinion that a prima facie case
has not been established for an inquiry under subsection (5) with
respect to the complaint, it shall so inform the complainant in writing
and shall not proceed further.
(3) The Committee may, where it considers it appropriate to do
so, request the complainant and the registered professional who is
59
Pt.5 S.55
Establishment of
Professional
Conduct Standards.
Complaints to
Professional
Conduct
Committee.
Pt.6 S.57
60
[No. 21.] Building Control Act 2007. [2007.]
the subject of the complaint to seek resolution of the complaint by
mediation before a person or persons appointed under rules made
by the relevant registration body and if the complainant and the
registered professional consent to such mediation being conducted,
such mediation shall be conducted accordingly.
(4) If the mediation does not result in the resolution of the
complaint, the Committee shall proceed to consider the complaint.
(5) The Committee may decide to hold an inquiry with respect to
a complaint and where it does so the chairperson of the Committee
shall notify the other members of the Committee and the
complainant and the registered professional of the date, time and
place for the hearing, and the notice under this subsection to the
registered professional shall be sent by prepaid registered post to the
address given in the register, shall contain details of the nature of
the alleged complaint against the registered professional and shall
inform the registered professional of his or her right to appear before
the Committee and to be represented at the hearing by a person of
his or her choice.
(6) For an inquiry under this section, the Committee has the
powers, rights and privileges vested in the High Court or a judge
thereof in hearing an action, for the purpose of—
(a) enforcing the attendance of witnesses and examining them
on oath or otherwise, and
(b) compelling the production of documents,
and, for such purposes, a summons signed by the chairperson of the
Committee is equivalent to any formal procedure capable of being
instituted in an action.
(7) Where a person summoned by the chairperson to attend
before a hearing of the Committee or to produce a document—
(a) makes default in attending,
(b) fails or refuses to produce a document that is within that
person’s power to produce, or
(c) refuses to take an oath or refuses to answer a question
which the Committee may lawfully ask,
that person shall be guilty of an offence and shall be liable, on
summary conviction, to a fine not exceeding \5,000 or imprisonment
for a term not exceeding 12 months or both.
(8) If the contravention in respect of which a person is convicted
of an offence under subsection (7) is continued after the conviction,
the person shall be guilty of a further offence on every day on which
the contravention continues and for each such offence the person
shall be liable, on summary conviction, to a fine not exceeding \500.
(9) A witness at a hearing under this section has the same
immunities and privileges as if he or she were a witness before the
High Court.
(10) On completion of an inquiry, the Committee shall produce a
report embodying its findings, including the nature of the complaint,
the evidence before it, such other matters relating to the registered
professional as it thinks fit and its opinion respecting whether a case
[2007.] [Building Control Act 2007. No. 21.]
of professional misconduct or poor professional performance was
established or not.
(11) The findings of the Committee on any matter referred to it
shall not be made public, without the consent of the person who has
been the subject of the inquiry, unless the Committee has found the
person to be guilty of professional misconduct or poor professional
performance.
(12) Where the Committee has not found the registered
professional guilty of professional misconduct or poor professional
performance it shall so notify the complainant and inform the
complainant of his or her right of appeal to the Appeals Board
against its finding.
58.—(1) Where the Professional Conduct Committee
(the “Committee”) finds there has been no professional misconduct
or poor professional performance on the part of the registered
professional, it shall take no further action in the matter and shall so
inform the registered professional.
(2) Where the Committee determines that a registered
professional is guilty of professional misconduct or poor professional
performance, it may, subject to the other provisions of this Act, do
one or more of the following:
(a) advise, admonish or censure the registered professional in
relation to the conduct or performance complained of;
(b) impose on the registered professional a fine of a specified
amount and failing payment by him or her of the fine to
the registration body within 2 months of his or her being
notified of its imposition, the Registrar may erase the
person’s name from the register;
(c) direct that during a specified period, registration of the
person’s name in the register shall not have effect;
(d) erase the person’s name from the register;
(e) direct that the person’s name remain on the register but
impose such conditions for the name remaining on the
register as it considers appropriate, to be complied with
by the registered professional,
and the chairperson of the Committee shall forthwith notify the
person by prepaid registered post sent to the person’s address as
given in the register, of the Committee’s decision, the date thereof
and the reasons therefor and of the person’s right of appeal to the
Appeals Board against the decision.
(3) Without prejudice to the operation of the other provisions of
this Act in relation to appeals against decisions to exercise such
powers, none of the powers under subsection (2)(b) to (e) may be
exercised by the Committee unless the decision to exercise the power
has been confirmed by the High Court under subsection (6) or, as
the case may be, on an appeal to that Court under section 26, 40 or
54 as appropriate, and then may only be exercised subject to the
terms (if any) of such confirmation.
(4) Where a registered professional appeals against a decision of
the Committee to the Appeals Board within the period provided for
61
Pt.6 S.57
Decision of the
Professional
Conduct
Committee.
Pt.6 S.58
Proceedings
privileged.
62
[No. 21.] Building Control Act 2007. [2007.]
under this Act, the decision of the Committee is stayed until the
appeal is disposed of, including any period provided for a further
appeal to the High Court.
(5) Subsection (6) applies if—
(a) no appeal under this Act is taken against the decision of
the Committee mentioned in that subsection, or
(b) (i) such an appeal taken against the decision has been
disposed of and the decision has been confirmed
(with or without amendment of it), and
(ii) that confirmation is not a confirmation of the High
Court under section 26, 40 or 54, as appropriate.
(6) The Registrar may apply to the High Court for confirmation
of a decision of the Committee to exercise the powers under
subsection (2)(b), (c), (d) or (e) and, if the Registrar so applies, the
High Court, on the hearing of the application, shall, unless it sees
good reason to the contrary, declare accordingly and, where the
declaration relates to a decision to exercise the powers under
subsection (2)(d), either (as the Court may consider proper) direct
the Registrar to erase the name of such person from the register
concerned or direct that during a specified period (beginning not
earlier than 7 days after the decision of the Court) registration of the
person’s name in that register shall not have effect.
(7) On erasing the name of a person from any register under this
section, the Registrar shall forthwith send by prepaid registered post
to such person, at the person’s address as stated in the register, notice
in writing of the erasure.
(8) Where a direction is given under this section that during a
specified period registration of the name of a person in any register
shall not have effect, the Registrar shall, before the commencement
of that period, send by prepaid registered post to such person, at
the person’s address as stated in the register, notice in writing of
such direction.
(9) The name of any person that has been erased under this
section may be restored to the register concerned on the direction of
the Committee, but not otherwise, and the Committee may attach
such conditions as it sees fit to the restoration (including payment of
a fee not exceeding the fee provided for an application for
registration in the first instance).
(10) Where the registration of a person in a register has ceased to
have effect under this section for a period of specified duration, the
Committee may, if it thinks fit, on application made to it by such
person, by direction terminate the suspension and the Committee
may attach such conditions as it sees fit to the termination (including
payment of a fee not exceeding the fee provided for an application
for registration in the first instance).
59.—Proceedings of or communications to or by a Professional
Conduct Committee in the course of an inquiry, and reports of the
Committee made in the exercise or performance of its powers, duties
or functions, under this Part shall, in any action for defamation, be
absolutely privileged.
[2007.] [Building Control Act 2007. No. 21.]
PART 7
Miscellaneous Provisions
60.—(1) If a person intends to provide, in reliance on Article 5(2)
of the Directive, architectural, quantity surveying or building
surveying services in the State on a temporary and occasional basis,
the person shall notify the Admissions Board of that intention and
the Admissions Board shall, subject to subsection (5), on receipt of
that notification, register the person in the register under Part 3, 4
or 5, as the case may be, for that purpose.
(2) A person who notifies the Admissions Board pursuant to
subsection (1) shall, if the occasion of the notification is the first
occasion on which he or she intends, on foot of such a notification,
to provide architectural, quantity surveying or building surveying
services, as the case may be, in the State, submit the following to the
Admissions Board:
(a) a declaration of his or her intention to provide the services
in accordance with Article 7 of the Directive, which
declaration shall include details of insurance or other
means of personal or collective protection with regard to
professional liability;
(b) proof of his or her nationality;
(c) an attestation of the competent authority of the Member
State where he or she is established that he or she is
legally established in that state for the purposes of
providing the activities concerned and is not prohibited
from practising architecture, quantity surveying or
building surveying, as the case may be, temporarily or
otherwise, at the time of delivery of the attestation;
(d) evidence of the relevant professional qualifications; and
(e) if required by the Directive as respects an applicant who
has moved from the Member State of establishment,
evidence that he or she has performed functions
commensurate with those of an architect, quantity
surveyor or building surveyor as appropriate, in that
Member State, for at least 2 of the 10 years preceding
the application.
(3) If the occasion of the notification under subsection (1) is not
the first occasion on which the person concerned has intended, on
foot of such a notification, to provide the relevant services in the
State, the Admissions Board may, if there has been a material change
in the situation substantiated by any of the documentation referred
to in paragraphs (b) to (d) of subsection (2), require the person to
submit to it fresh documentation of the kind referred to in the
paragraph or paragraphs concerned.
(4) If a period of more than 12 months has elapsed since the
registration, pursuant to this section, of a person in the register under
Part 3, 4 or 5 (and the period for which the person is so registered
has not expired), the Admissions Board may, unless the person does
not intend to provide the relevant services in the State in the ensuing
period of 12 months, require the person to make a fresh declaration
of his or her intention to provide the relevant services in accordance
with Article 7 of the Directive; if the person does not make such a
63
Temporary
registration under
Title II of Directive.
Pt.7 S.60
Registration body
may seek assistance
and make rules.
64
[No. 21.] Building Control Act 2007. [2007.]
declaration, the Admissions Board may remove the person’s name
from the relevant register.
(5) (a) If a person who notifies the Admissions Board pursuant
to subsection (1) fails to comply with subsection (2), or as
the case may be, with a requirement under subsection (3)
then, subject to paragraph (b), the Admissions Board
shall decide not to register the person in the register.
(b) The Admissions Board may, at its discretion, afford the
person the opportunity to remedy the failure referred to
in paragraph (a), and if the person does so within a
reasonable time after being afforded that opportunity,
the Admissions Board shall register the person in the
register.
(6) Where the applicant is registered in the register under Part 3
for a temporary period pursuant to this section, he or she shall use
the title of architect while providing architectural services in the
State until his or her registration ceases.
(7) Where the applicant is registered in the register under Part 4
or 5 for a temporary period pursuant to this section and is providing
quantity surveying or building surveying services in the State, he or
she shall—
(a) if a professional title exists for the activity or quantity
surveyor or building surveyor, as the case may be, in the
Member State where he or she is legally established, use
that title, which shall be indicated in the official language
or one of the official languages of that Member State, or
(b) if no such professional title exists in the Member State
where he or she is legally established, indicate his or her
formal qualification in the official language or one of the
official languages of that Member State,
in a way that avoids confusion with the title of quantity surveyor or
building surveyor.
(8) The Admissions Board may, in pursuance of Article 9 of the
Directive, require a person who is registered in the register under
Part 3, 4 or 5 for a temporary period pursuant to this section to
furnish to a person to whom he or she provides architectural,
quantity surveying or building surveying services, as the case may be,
in the State all or any of the information specified in that Article.
61.—(1) Subject to subsection (2), a registration body may arrange
with any person to assist it, or any other board or committee
established under this Act, in the proper discharge of its or their
functions.
(2) A registration body shall not make an arrangement referred
to in subsection (1) as respects the discharge of the functions under
section 20, 34, 48 or 67 or Part 6.
(3) Subject to subsection (4), a registration body may make rules
for facilitating and carrying out its functions and the functions of the
other boards and committees, including the Appeals Board, provided
for under this Act.
[2007.] [Building Control Act 2007. No. 21.]
(4) Before making rules, the registration body shall publish a draft
of the rules and circulate them to the board or committee affected
for its comments.
62.—(1) A registration body may specify that a fee of a specified
amount shall be payable to it in respect of the doing of any of the
following, namely:
(a) processing applications for registration;
(b) the annual retention of a person’s name in the register;
(c) restoring a person’s name in the register after it has been
erased pursuant to a provision of this Act;
(d) removing a person’s name from the register on the
application of that person;
(e) entering additional qualifications, not being qualifications
required for the purpose of registration, of a person in
the register;
(f) issuing a certificate of registration;
(g) providing any other service which the registration body
may provide.
(2) A registration body may determine that in respect of the doing
of any of the things referred to in subsection (1)(a) to (g) a fee of
a different amount shall be payable by reference to the different
circumstances in which it is done.
(3) A fee shall not be specified in accordance with subsection (1)
without the approval of the Minister.
(4) The amount of a fee specified in accordance with subsection
(1) shall not in any case exceed the total of—
(a) the costs in providing the services in respect of which the
fee is paid, and
(b) the reasonable costs incurred by the registration body in
collecting, accounting for and administering the fee.
63.—(1) Subject to subsection (2) and payment of the specified
fee, a person who is registered under Part 3, 4 or 5 may apply to the
registration body, in the form and manner it determines, to have an
additional qualification noted in the register.
(2) The registration body shall determine what additional
qualifications other than those required for registration may be
noted in the register.
64.—(1) The Minister may make regulations for prescribing any
matter referred to in this Act as prescribed or to be prescribed, or
in relation to any matter referred to in this Act as the subject of
regulations.
65
Pt.7 S.61
Registration body
may specify fees.
Additional
qualifications.
Regulations.
Pt.7 S.64
Correction of
register.
Expenses of
registration bodies,
boards and
committees, etc.
Prosecution of
offences under this
Act.
66
[No. 21.] Building Control Act 2007. [2007.]
(2) Regulations under this Act may contain such incidental,
supplemental and consequential provisions as appear to the Minister
to be necessary or expedient.
(3) Every regulation made under this Act shall be laid before each
House of the Oireachtas as soon as may be after it is made and, if a
resolution annulling the regulation is passed by either such House
within the next 21 days on which that House has sat after the
regulation is laid before it, the regulation shall be annulled
accordingly but without prejudice to the validity of any previously
done thereunder.
65.—(1) For the purpose of keeping a register provided for under
this Act, the Registrar thereof shall correct all verbal and clerical
errors in such register, remove therefrom all entries procured by
fraud or misrepresentation, enter in the register every change which
comes to the Registrar’s knowledge in the addresses of registered
professionals, and remove therefrom the names of all persons whose
death has either been notified to, or comes to the knowledge of, the
Admissions Board.
(2) Where the Registrar takes any action under subsection (1), the
Registrar shall forthwith notify the person concerned or next of kin,
as the case may be, if such person can be identified, of the action
taken and the reasons therefor.
66.—(1) Expenditure incurred by a registration body in the
performance of its functions under this Act shall be defrayed by the
registration body from funds at its disposal.
(2) There shall be paid to the chairpersons and other members of
any board or committee established under this Act by a registration
body such remuneration and allowances for expenses as the
registration body may determine and payment of such remuneration
and allowances shall be made from funds at the disposal of the
registration body.
67.—(1) Summary proceedings for an offence under Part 3, 4, 5
or 6 may be brought and prosecuted by the registration body.
(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland)
Act 1851, summary proceedings for an offence under this Act may
be commenced—
(a) within 12 months from the date on which the offence was
committed, or
(b) within 6 months from the date on which evidence
sufficient, in the opinion of the person instituting the
proceedings, to justify proceedings comes to that
person’s knowledge,
whichever is later, provided that no such proceedings shall be
commenced later than 5 years from the date on which the offence
concerned was committed.
(3) For the purposes of this section, a certificate signed by or on
behalf of the person initiating the proceedings as to the date on
which evidence referred to in subsection (2)(b) came to his or her
knowledge shall be evidence of that date and, in any legal
[2007.] [Building Control Act 2007. No. 21.]
proceedings a document purporting to be a certificate under this
section and to be so signed shall be admitted as evidence without
proof of the signature of the person purporting to sign the certificate,
unless the contrary is shown.
(4) It shall be presumed, until the contrary is shown, that
proceedings for an offence under this Act were commenced within
the appropriate period.
68.—(1) In any proceedings, a certificate signed by the Registrar
containing only information stated to be taken from the registration
records under the control of the Registrar shall be sufficient evidence
of the facts stated therein, until the contrary is shown.
(2) In any proceedings, a document purporting to be a certificate
under subsection (1) shall be deemed to be such a certificate and
to have been signed by the Registrar concerned, until the contrary
is shown.
(3) A certificate under this section that purports to bear a
facsimile of the signature of the Registrar concerned or a copy of
such signature applied by means of a stamp or produced by a
computer shall be deemed for the purposes of this section to have
been signed by the Registrar, until the contrary is shown.
69.—(1) Subject to subsection (2), any persons nominated by a
registration body for appointment by the registration body to a
committee or board established under Part 3, 4 or 5 shall be chosen
for the purposes of such nomination by means of an election in
accordance with bye-laws made by the body under this section.
(2) Subsection (1) does not apply to—
(a) nominations for the purposes of the first appointments
made by a registration body of persons to a committee
or board referred to in that subsection, or
(b) the nomination of a person by a registration body for the
purposes of the person’s appointment by the body to fill
a casual vacancy that arises amongst the persons the
subject of those first appointments.
(3) For the purposes mentioned in subsection (1), a registration
body shall, with the consent of the Minister, make bye-laws providing
for the election, by persons of the following class, of persons from
among that class, namely, persons who are registered or eligible to
be registered under Part 3, 4 or 5, as the case may be (and who are
not excluded from that class by virtue of bye-laws under subsection
(4)).
(4) Bye-laws made by the registration body may exclude from the
foregoing class any person who is not resident in the State at a
specified date or who does not comply with any specified condition
or requirement which the registration body considers appropriate to
specify in the bye-laws for the purposes of ensuring that the bye-laws
operate in a practical manner.
(5) Bye-laws under this section shall provide that the election
referred to in subsection (3) shall be held by means of a ballot and
in a manner specified in the bye-laws.
67
Pt.7 S.67
Evidential value of
an extract from
register.
Nomination to
boards or
committees and
elections.
Pt.7 S.69
Tenure of members
of boards, etc.,
appointed by
registration body.
Proceedings at
meetings of boards
or committees.
68
[No. 21.] Building Control Act 2007. [2007.]
(6) Bye-laws under this section may provide for such
supplemental, incidental and consequential matters as the
registration body that makes them considers necessary or expedient,
including the deeming of candidates to be elected without an election
having to be held, where the number of persons validly selected as
candidates in the proposed election is less than or equal to the
number of vacancies in the board or committee to which the
proposed election relates.
70.—(1) A person appointed by a registration body to be a
member of a board or committee established by it under this Act
shall hold office for a period of 3 years, unless he or she sooner dies
or resigns.
(2) No person appointed pursuant to a section of this Act shall
hold office under that section for more than 2 consecutive terms
of office.
(3) A member of a board or committee referred to in subsection
(1) may resign from office by giving notice to the registration body
in writing signed by him or her and the resignation shall take effect
at the next meeting of the registration body.
(4) (a) Any requirement (whether as to consultation, obtaining of
another’s approval or otherwise) that applies with respect
to the nomination of a person for appointment to a board
or committee established under this Act shall apply to
the nomination of a person for appointment to fill a
casual vacancy amongst the membership of the board or
committee.
(b) Where the term of office of a member of a board or
committee established under this Act terminates
otherwise than by reason of effluxion of time, the period
of office of the person appointed to fill the vacancy
occasioned by that other’s ceasing to hold office shall be
specified to be the unexpired period of that other’s term
of office.
(5) The registration body may make rules specifying grounds
(such as repeated absence from meetings or unacceptable
professional conduct) on which a member of a board or committee
referred to in subsection (1) may be removed from office and the
procedure for such removal and for so long as rules under this
subsection are in force such a member may be removed from office
subject to and in accordance with the rules.
71.—(1) A board or committee established under this Act by a
registration body shall hold such meetings as it considers necessary
for the performance of its functions.
(2) The chairperson and each other member of such a board or
committee shall have a vote.
(3) At a meeting of such a board or committee, the chairperson
or, in the chairperson’s absence a member chosen by those present,
shall chair the meeting.
(4) Every question at a meeting referred to in subsection (3) shall
be determined by a majority of votes of members present and the
[2007.] [Building Control Act 2007. No. 21.]
chairperson shall have a casting vote in the event of an equal
division.
(5) The quorum for such a meeting shall be—
(a) 6 members in the case of a Professional Conduct
Committee, or
(b) 4 members in any other case,
of which, subject to subsection (6), the majority shall be members
who were nominated for appointment as members of the board or
committee, as the case may be, by the Minister.
(6) There may be reckoned for the purposes of that majority the
chairperson of the board or committee, as the case may be, if he or
she is present at the meeting.
(7) An Admissions Board, Technical Assessment Board, Appeals
Board or Professional Conduct Committee may perform its functions
whether or not there is a vacancy in its membership and none of its
proceedings are invalidated by any defect in the appointment of a
member to it.
72.—A registration body, or a board or committee established
under this Act by a registration body, shall carry out such additional
functions as may be assigned to it, by regulation made by the
Minister, in relation to the implementation of an act adopted by an
institution of the European Communities with respect to the
relevant profession.
73.—(1) A registration body shall, as soon as may be after the
end of each year, prepare a report of its proceedings under this Act
during that year.
(2) That report shall include a copy of the body’s accounts for the
year concerned in so far as they relate to its income and expenditure
in respect of the performance of its functions under this Act during
that year and those accounts shall be accounts that have been
certified by an auditor who has been appointed to carry out an audit
of them for the year concerned.
(3) As soon as may be after the preparation of such a report, the
registration body shall cause—
(a) the report, with the copy of the foregoing accounts
included in it, to be published, and
(b) copies of the report, with the foregoing certification in
respect of those accounts included in each such copy, to
be made available for purchase by members of the public.
69
Pt.7 S.71
Functions in
relation to
regulations or
directives of the
Council of the EU
or the European
Parliament.
Annual report by
registration body.
————————
AN BILLE UM RIALU´ FOIRGNI´OCHTA 2005
BUILDING CONTROL BILL, 2005
————————
EXPLANATORY MEMORANDUM
————————
General
In summary, this Bill provides for the following.
(1) Strengthening of Enforcement Powers of Local Building Control
Authorities
• On foot of recommendations made by the Building Regulations
Advisory Body (BRAB), the Bill introduces revised
procedures for issue of Fire Safety Certificate (FSC), by local
Building Control Authorities, confirming compliance with
Part B (Fire Safety) of the Building Regulations of designs of
new Non-Domestic Buildings (offices, factories, shops, hotels
etc.) and new Apartment Blocks.
• The Bill introduces a Disability Access Certificate (DAC)
confirming that the designs of new Non -Domestic Buildings
and Apartment Blocks comply with Part M (Access for
People with Disabilities) of the Building Regulations.
• The Bill widens the right of Building Control Authorities to
seek an Order from the High Court or the Circuit Court to
stop work on buildings where there is a risk to health or safety
of persons or to stop the construction or use of new buildings,
the design of which has not been granted a Disability Access
Certificate (DAC) or Fire Safety Certificate (FSC) or where
an Enforcement Notice served by the authority has not been
complied with.
• The Bill introduces the option for Building Control Authorities
to bring summary prosecution for all building code
offences in the District Court, rather than by way of prosecution
on indictment by the DPP in the Circuit Court.
• The Bill increases the maximum penalties for breaches of the
national Building Regulations.
• The Bill provides for the recoupment of costs incurred by
Building Control Authorities in taking enforcement action for
breaches of the building code.
(2) Registration of titles of certain Building Professions
• The Bill provides that the use of titles of ‘‘Architect’’, ‘‘Quantity
Surveyor’’ and ‘‘Building Surveyor’’ will be confined to
persons with recognised qualifications/ training/ experience,
whose names are entered on a statutory register.
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Click here for Act
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• The relevant registers will be administered by—
(a) Royal Institute of Architects of Ireland (RIAI), in the
case of Architects; and
(b) Society of Chartered Surveyors (SCS), in the case of
Building Surveyors and Quantity Surveyors.
(3) Legal Transposition of relevant parts of EU Mutual Recognition
of Professional Qualifications Directive (2005/36/EC of 7 September
2005)
• The Parts 3, 4 and 5 of the Bill dealing with the registration of
Architects, Quantity Surveyors and Building Surveyors take
account of the recently adopted EU Directive 2005/36/EC of
7 September 2005 on Mutual Recognition of Professional
Qualifications
PART 1
Preliminary and General
(Sections 1 to 2)
Sections 1 and 2 contain the usual provisions of a general nature
dealing with such matters as citation, commencement, and interpretation.
PART 2
Amendment of Building Control Act 1990
(Sections 3 to 12)
Part 2 provides for amendments of the Building Control Act 1990.
This part provides for improvements in the processing and format of
applications for fire safety certificates by introducing a ‘‘regularization
certificate’’ and a fast track procedure in cases where commencement
of work is imminent. Part 2 also introduces a ‘‘disability
access certificate’’ whereby the design of non-domestic buildings and
apartment blocks will be certified as being in compliance with Part
M of the building regulations, prior to commencement of work. Furthermore,
Part 2 will simplify the prosecution process for Building
Control Authorities by giving authorities the option to bring summary
prosecution for all building code offences in the District Court.
The Bill widens the right of Building Control Authorities to seek an
Order from the High Court or the Circuit Court to stop work on
buildings where there is a risk to health or safety of persons or to
the construction or use of new buildings, the design of which has not
been granted a Disability Access Certificate (DAC) or Fire Safety
Certificate (FSC) or where an Enforcement Notice served by the
authority has not been complied with. The Bill also empowers Building
Control Authorities to recoup the costs incurred in taking
enforcement action for breaches of the code. Finally, Part 2 provides
for substantial increases in maximum penalties for breaches of the
building code.
Section 3 contains an amendment to the interpretation of section
1 of the Building Control Act, 1990.
Section 4 contains an amendment to section 3 of the Building Control
Act, 1990 to provide for the making of building regulations for
building practices that would assist in the detection or prevention
of crime.
Section 5 amends section 6 of the 1990 Act by providing for
revisions to the fire safety certificate (FSC) procedures and the introduction
of a Disability Access Certificate as follows:
(i) a 7-day notice may be submitted to a building control authority
where commencement of work is imminent, to be
accompanied by a valid fire safety certificate together
with a statutory declaration by the applicant in respect of
the certificate and any necessary modification to works
carried out prior to the granting of the relevant fire
safety certificate.
(ii) provision is made for application for a revised fire safety
certificate in cases where a revised design of a building is
necessary, following the grant of planning permission.
(iii) provision is made for application for a ‘‘Regularization Certificate’’
in cases where works have been carried out without
a fire safety certificate, to be accompanied by as constructed
drawings and a certificate stating that the works
are in compliance with the requirements of the fire safety
requirements of the building regulations.
(iv) provision is made for the granting, by the local Building Control
Authority, of a Disability Access Certificate (DAC)
for non domestic buildings and apartment blocks to certify
that the design, in the opinion of the building control
authority, complies with Part M of the building
regulations.
(v) the opening, operation or occupation of buildings which
require a fire safety certificate or disability access certificate
is prohibited until DAC and FSC certificates are
granted.
Section 6 amends Section 7 of the 1990 Act by providing for an
appeal to An Bord Pleana´ la in respect of refusal of or conditions
attached by Building Control Authorities to Regularisation Certificates
or Disability Access Certificates under Section 5.
Section 7 amends Section 7 of the 1990 Act by providing new
sections 7A and 7 B for the setting of fees by An Bord Pleana´ la and
the legal basis for making of certain regulations.
Section 8 amends Section 8 of the 1990 Act by providing for the
recoupment of costs incurred by a Building Control Authority in
serving an enforcement notice.
Section 9 amends Section 9 of the 1990 Act by providing, where
an application has been made to the District Court in relation to an
enforcement notice, for the recoupment of costs incurred by a Building
Control Authority, if so ordered by the Court
Section 10 amends Section 12 of the 1990 Act by extending the
power of Building Control Authorities to seek an Order from the
High Court or the Circuit Court to stop work on buildings where
there is a risk to health or safety of persons or for the removal,
alteration or making safe of a building or works which have been
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commenced or completed without a fire safety, disability or regularization
certificate where such certificate was required or the discontinuance
of works, or restricting or prohibiting the use of the
building until such certificates have been granted. It also provides for
the recoupment of prosecution costs incurred by a Building Control
Authority, if so ordered by the Court
Section 11 amends section 17 of the 1990 Act to provide for the
option for Building Control Authorities to bring summary prosecution
for all building code offences under the Act in the District
Court. It also increases the maximum fines for summary convictions
for offences under the Act from £800 (\1,000) to \5,000; and from
£150 (\190) per day to \500 per day for ongoing offences. The
maximum fine for conviction on indictment is increased from £10,000
(\12,500) to \50,000.
Section 12 provides for the insertion of three new sections 17A,
17B and 17C to the 1990 Act. The new Section 17A provides for
payment of fines to a local Building Control Authority where the
fine results from a prosecution brought by the authority. The new
Section 17B provides for the recoupment of prosecution costs
incurred by a building control authority, if so ordered by the Court.
Section 17C provides for the evidential value of electronically stored
building control records in any prosecutions under the Act.
PART 3
Registration of Architects
(Sections 13 to 27)
Part 3 provides for statutory protection of the title of ‘‘Architect’’
by restricting the lawful use of the title to suitably qualified persons
whose names are entered on a statutory register to be established in
accordance with the provisions of this Part. The registration system
will be administered by the Royal Institute of Architects of Ireland
(RIAI). This Part also specifies criteria for automatic eligibility for
admission to the Architects register. It provides for the setting up of
an Admissions Board, a Technical Assessment Board, and a Professional
Conduct Committee. Part 3 further provides for an Appeals
Board to determine appeals against decisions of any of the aforementioned
Boards or Committee, with an ultimate right of appeal against
decisions of the Appeals Board to the High Court. Finally, Part 3
provides for payment of a registration fees, the appointment of a
Registrar, and for fines or penalties for misuse of the title of
‘‘Architect’’.
Section 13 designates the Royal Institute of Architects of Ireland
(RIAI) as the registration body and as the competent authority
under Directive 2005/36/EC for this part. It provides that the registration
body must establish an Admissions Board for the purpose of
registering members of the architectural profession. Membership of
the Board will be comprised of a Chairperson and 7 members as
follows:
(i) 3 architects to be nominated by the registration body
(ii) 4 persons (who are not architects) are to be nominated by
the Minister
(iii) the chairperson, who will be appointed by the Minister will
be a solicitor, barrister or a former judge of the Circuit
Court, High Court or Supreme Court.
Section 14 sets out the eligibility criteria for admission to the architects
register for persons holding approved qualifications, including
nationals of EU Member States, the European Economic Area
(EEA), the Swiss Confederation and Third Countries. It also provides
that membership of the registration body is not a prerequisite
for registration and that the same registration fee will apply to
members and non-members of the body.
Section 15 sets out the detailed criteria for registration of persons
who are nationals of EU Member States, and the European Economic
Area in accordance with EU obligations. It includes nationals
or residents of States which are members of the World Trade
Organisation.
Section 16 provides for application for recognition of qualifications
by a further category of persons from Member States who are eligible
to apply to the Admissions Board for registration under EU
Directive 2005/36/EC (Chapter 1, Title III). It sets out the procedures
for assessment of such applications, including the procedures
for interview by the Board, or the undertaking of an aptitude test/
adaptation period, where such is considered necessary. The Board
must make its decision on the application within a 3 month period
of the date of receipt of a valid application. There is provision for
extending the period for assessment by 1 extra month in specified
cases.
Section 17 provides for the payment of prescribed registration fees
and annual retention fees to the registration body. The Registrar
may remove the names of registrants from the register for non-payment
of retention fees within two months of sending of a second
notice by pre-paid post. Names may be restored to the register on
payment of the fee. In cases of verified hardship, the Registrar may
remit all or part of the fee.
Section 18 makes it an offence for persons to use the title ‘‘architect’’,
unless entitled to do so, either alone or in combination with
either names, letters, titles or descriptions to imply that they are
registered; with intent to deceive, makes use of a certificate issued
under the Act; makes a false declaration for the purpose of obtaining
registration, aids or abets any such action, or practices any business
under the name or title containing the word ‘‘architect’’. Persons who
do so, will be guilty of an offence and will be liable on summary
prosecution to a fine of \5,000 and \500 for each day of an ongoing
offence, and/or imprisonment for a term of not exceeding 12 months.
Section 19 enables the registration body to appoint a Registrar for
keeping an updated register of the names of persons registered. It
will also decide on the format of the register. Following registration,
a certificate will be forwarded to the registrant. The Registrar will
ensure that the register is available for public inspection during
working hours. It also provides for payment of a salary or fee to
the Registrar by the registration body who may also pay pension
contributions and travel allowances.
Section 20 enables a registrant to apply to have his/her name
removed from the register and to subsequently apply for restoration.
An application for removal from a registrant will not be considered
while an investigation is underway by the Professional Conduct Committee
until such proceedings have been completed and necessary
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action decided. Nothing in this section will prevent the Professional
Conduct Committee from refusing to restore a person’s name to the
register on the grounds of unfitness to practice architecture or
attaching certain conditions to the entry, whereupon the registrar
will notify the person of the decision taken, the date and the
reasons therefore.
Section 21 provides for the establishment by the registration body
of a Technical Assessment Board to consider applications for registration
from persons who are not eligible for registration under
Section 14. The Board will be comprised of a Chairperson and 7
members as follows:
(i) 3 architects to be nominated by the registration body
(ii) 4 persons (who are not architects) to be nominated by the
Minister
(iii) the chairperson, who will be appointed by the Minister, will
be a solicitor, barrister or a former judge of the Circuit
Court, High Court or Supreme Court.
The Technical Assessment Board shall appoint a panel of architects
for assessment of applications under Section 22.
Section 22 provides for the procedure of the Technical Assessment
Board in the assessment of applications from persons who have 10
years experience in the field of architecture in the State, on the commencement
date of the section. It cites the documentation to be submitted
by applicants for registration, the criteria and format to be
used for assessment of applications. It specifies that the Board may
interview applicants, if considered necessary. Where interviews are
considered necessary, 4 board members will be present and the interview
may be recorded in writing or any other format as the board
may decide. The interviewee may, at his/her own expense, be
accompanied by a professional advisor, including a lawyer. Applicants
must be notified of the decision taken by the Board. Where a
decision is favourable, the board will notify the registrar who will
arrange to register the applicant, on payment of appropriate fee.
Section 23 provides for the establishment by the registration body
of a Professional Conduct Committee to examine complaints made
in regard to alleged professional misconduct. The Board will be comprised
of a Chairperson and 11 members as follows:
(i) 5 architects to be nominated by the registration body
(ii) 6 persons (who are not architects) to be nominated by the
Minister,1 of whom will be nominated by the Minister
with the consent of the Minister for Enterprise, Trade
and Employment
(iii) the chairperson, who will be appointed by the Minister, with
the consent of the Minister for Enterprise, Trade and
Employment, will be a solicitor, barrister or a former
judge of the Circuit Court, High Court or Supreme Court.
Section 24 provides for the establishment by the registration body
of an Appeals Board. The Board will be comprised of a Chairperson
and 5 members as follows:
(i) 2 architects to be nominated by the registration body, neither
of whom will be a member of any other Board or Committee
established under this Part
(ii) 3 persons (who are not architects), 2 of whom will be nominated
by the Minister and 1 will be nominated by the
Minister with the consent of the Minister for Enterprise,
Trade and Employment, none of whom will be a member
of any other Board or Committee established under this
Part
(iii) the chairperson, who will be appointed by the Minister, will
be a solicitor, barrister or a former judge of the Circuit
Court, High Court or Supreme Court.
Section 25 sets out the procedures for making an appeal to the
Appeals Board by persons who are adversely affected by decisions
of the Admissions Board, the Technical Assessment Board or the
Professional Conduct Committee. It details the requirements for processing
of the appeal by the Board and informing the appellant of
the outcome of the appeal. The appeal must be in writing, relate to
either procedural or substantive matters and be lodged within 3
months of the date of the decision being appealed. A witness at a
hearing will have the same immunities and privileges as a witness
before the High Court.
The procedures of the Appeals Board shall make provision for:
(i) notification of the appellant, the Chairperson of the relevant
Board or Committee, and any other person whose evidence
may be required to attend before the Board on a
particular date and time at a specified venue
(ii) advising the appellant of the right to present the case or, at
their own expense, through a legal representative
(iii) the examination of witnesses
(iv) whether evidence should be taken under oath
(v) recording of evidence
The Board, having considered an appeal, may:
(i) confirm the decision of the relevant Board or Committee,
subject to an amendment
(ii) annul the decision and direct the relevant Board or Committee
to make a new decision, or
(iii) give such other direction as it thinks fit
The Chairperson shall then notify the appellant by pre-paid registered
post of the decision taken, the date of same and the reasons
for the decision, and of the appellant’s right of appeal to the High
Court. The relevant Board or Committee against whose decision the
appeal was lodged shall also be informed of the decision. Where the
appellant had made a complaint to the Professional Conduct Committee
under Part 6, the registered architect against whom the complaint
was made, shall also be notified of the decision of the Board.
Section 26 provides for the right of appeal to the High Court by
persons adversely affected by a decision of the Appeals Board. The
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appeal must be lodged within 3 months of the date of the decision
of the Appeals Board. The Court may—
(i) confirm the decision of the Appeals Board , subject to any
amendment the Court may decide
(ii) overturn the decision and direct the Appeals Board to make
a new decision
(iii) give any other direction the Court thinks fit
In the case of an appeal from a decision of the Professional Conduct
Committee, the Court may admit evidence of a person of standing
in the architectural profession as to what constitutes professional
misconduct. The Court may also direct how the costs of the application
are to be borne.
Section 27 provides that the Appeals Board will also have jurisdiction
in the case of complaints arising from non- decisions by the
relevant Board within the period specified under Section 15 (5) or
section 16 (11) in assessment of applications for registration.
PART 4
Registration of Quantity Surveyors
(Sections 28 to 41)
Part 4 specifies the statutory protection of the title of ‘‘Quantity
Surveyor’’ by limiting the lawful use of this title to suitably qualified
persons whose names are entered on a statutory register. The registration
system will be administered by the Society of Chartered Surveyors
(SCS). Part 4 also specifies the criteria for automatic eligibility
for admission to the relevant register. It provides for the setting up
of an Admissions Board, a Technical Assessment Board, and a Professional
Conduct Committee. Part 4 further provides for an Appeals
Board to determine appeals against decisions of any of the aforementioned
Boards, with an ultimate right of appeal against decisions of
the Appeals Board to the High Court. Finally Part 4 provides for
payment of registration fees and appointment of a Registrar and for
the determination of fines or penalties for misuse of the title of
‘‘Quantity Surveyor’’.
Section 28 designates the Society of Chartered Surveyors as the
registration body under this Part, and as the competent authority for
quantity surveyors in the State. It provides that the registration body
must establish an Admissions Board for the purpose of registering
members of the quantity surveying profession. Membership of the
Board will be comprised of a Chairperson and 7 members as follows:
(i) 3 quantity surveyors to be nominated by the registration
body, following consultation with certain bodies
(ii) 4 persons (who are not quantity surveyors) are to be nominated
by the Minister
(iii) the chairperson, who will be appointed by the Minister, will
be a solicitor, barrister or a former judge of the Circuit
Court, High Court or Supreme Court.
Section 29 sets out the eligibility criteria for admission to the quantity
surveyors register for persons holding approved qualifications,
including nationals of EU Member States, the European Economic
Area in accordance with EU obligations. It includes nationals or residents
of States which are members of the World Trade Organisation
and Third Countries.
It also provides that membership of the registration body is not a
prerequisite for registration and that the same registration fee will
apply to members and non-members of the body.
Section 30 provides for application for recognition of qualifications
by persons from Member States who are eligible to apply to the
Admissions Board for registration under EU Directive 2005/36/EC
(Chapter 1, Title III). It sets out the procedures for assessment of
such applications, including the procedures for interview by the
Board, or the undertaking of an aptitude test/adaptation period,
where such is considered necessary. The Board must make its
decision on the application within a 3 month period of the date of
receipt of a valid application. There is provision for extending the
period for assessment by 1 extra month in specified cases.
Section 31 provides for the payment of prescribed registration fees
and annual retention fees to the registration body. The Registrar
may remove the names of registrants from the register for non-payment
of retention fees within two months of sending of a second
notice by pre-paid post. Names may be restored to the register on
payment of the fee. In cases of verified hardship, the Registrar may
remit all or part of the fee.
Section 32 makes it an offence for persons to use the title ‘‘quantity
surveyor’’, unless entitled to do so, either alone or in combination
with either names, letters, titles or descriptions to imply that they are
registered; with intent to deceive, makes use of a certificate issued
under the Act; makes a false declaration for the purpose of obtaining
registration, or aids or abets any such action: practices any business
under the name or title containing the word ‘‘quantity surveyor’’.
Persons who do so, will be guilty of an offence and will be liable on
summary prosecution to a fine of \5,000 and \500 for each day of
an ongoing offence and/or imprisonment for a term not exceeding
12 months.
Section 33 enables the registration body to appoint a Registrar for
keeping an updated register of the names of persons registered. It
will also decide on the format of the register. Following registration,
a certificate will be forwarded to the registrant. The Register will be
available for public inspection during working hours. It also provides
for payment of a salary or fee to the Registrar by the registration
body who may also pay pension contributions and travel allowances.
Section 34 enables a registrant to apply to have his/her name
removed from the register and to subsequently apply for restoration.
An application for removal from a registrant will not be considered
while an investigation is underway by the Professional Conduct Committee
until such proceedings have been completed and necessary
action decided. Nothing in this section will prevent the Professional
Conduct Committee from refusing to restore a person’s name to the
register on the grounds of unfitness to practice quantity surveying or
attaching certain conditions to the entry, whereupon the Registrar
will notify the person of the decision taken, the date and the
reasons therefore.
Section 35 provides for the establishment by the registration body
of a Technical Assessment Board to consider applications for registration
from persons who are not eligible for registration under
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Section 26. The Board will be comprised of a Chairperson and 7
members as follows:
(i) 3 quantity surveyors to be nominated by the registration
body, following consultation with certain bodies
(ii) 4 persons (who are not quantity surveyors) to be nominated
by the Minister
(iii) the chairperson, who will be appointed by the Minister, will
be a solicitor, barrister or a former judge of the Circuit
Court, High Court or Supreme Court.
Section 36 provides for the procedure of the Technical Assessment
Board in assessing applications from certain persons who have 8 or
10 years experience in the field of quantity surveying in the State, on
the commencement date of the section. It cites the documentation
to be submitted by applicants for registration, the criteria and format
to be used for assessment of applications. It specifies that the board
may interview applicants, if considered necessary. Where interviews
are considered necessary, 4 board members will be present and the
interview may be recorded in writing or any other format as the
board may decide. The interviewee may, at his/her own expense, be
accompanied by a professional advisor, including a lawyer. Applicants
must be notified of the decision of the Board. Where a decision
is favourable, the board will notify the registrar who will arrange to
register the applicant, on payment of appropriate fee.
Section 37 provides for the establishment by the registration body
of a Professional Conduct Committee to examine complaints made
in regard to alleged professional misconduct . The Board will be
comprised of a Chairperson and 11 members as follows:
(i) 5 quantity surveyors to be nominated by the registration
body, following consultation with certain bodies
(ii) 6 persons (who are not quantity surveyors) to be nominated
by the Minister, 1 of whom will be nominated by the
Minister with the consent of the Minister for Enterprise,
Trade and Employment
(iii) the chairperson, who will be appointed by the Minister, with
the consent of the Minister for Enterprise, Trade and
Employment, will be a solicitor, barrister or a former
judge of the Circuit Court, High Court or Supreme Court.
Section 38 provides for the establishment by the registration body
of an Appeals Board. The Board will be comprised of a Chairperson
and 5 members as follows:
(i) 2 quantity surveyors, to be nominated by the registration
body following consultation with certain bodies, neither
of whom will be a member of any Board or Committee
established under this Part
(ii) 3 persons (who are not quantity surveyors), to be nominated
by the Minister, 1 of whom will be nominated by the
Minister with the consent of the Minister for Enterprise,
Trade and Employment, none of whom will be a member
of any Board or Committee established under this Part
(iii) the chairperson, who will be appointed by the Minister, will
be a solicitor, barrister or a former judge of the Circuit
Court, High Court or Supreme Court.
Section 39 sets out the procedures for making of an appeal by
persons who are adversely affected by decisions of the Admissions
Board, the Technical Assessment Board or the Professional Conduct
Committee. It details the requirements for processing of the appeal
by the Board and informing the appellant of the outcome of the
appeal. The appeal must be in writing, relate to either procedural or
substantive matters and be lodged within 3 months of the date of the
decision being appealed. A witness at a hearing will have the same
immunities and privileges as a witness before the High Court.
The procedures of the Appeals Board shall make provision for:
(i) notification of the appellant, the Chairperson of the relevant
Board or Committee, and any other person whose evidence
may be required to attend before the Board on a
particular date and time at a specified venue
(ii) advising the appellant of the right to present the case or, at
their own expense, through a legal representative
(iii) the examination of witnesses
(iv) whether evidence should be taken under oath
(v) recording of evidence
The Board, having considered an appeal, may:
(i) confirm the decision of the relevant Board or Committee,
subject to an amendment
(ii) annul the decision and direct the relevant Board or Committee
to make a new decision, or
(iii) give such other direction as it thinks fit
The Chairperson shall then notify the appellant by pre-paid registered
post of the decision taken, the date of same and the reasons
for that decision and of the appellant’s right of appeal to the High
Court. The relevant Board or Committee against whose decision the
appeal was lodged shall also be informed of the decision. Where the
appellant had made a complaint to the Professional Conduct Committee
under Part 6, the registered quantity surveyor against whom
the complaint was made, shall also be notified of the decision of
the Board.
Section 40 provides for the right of appeal to the High Court by
persons adversely affected by a decision of the Appeals Board. The
appeal must be lodged within 3 months of the date of the decision
of the Appeals Board. The Court may—
(i) confirm the decision of the Appeals Board, subject to any
amendment the Court may decide
(ii) overturn the decision and direct the Appeals Board to make
a new decision
(iii) give any other direction the Court thinks fit
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In the case of an appeal from a decision of the Professional Conduct
Committee, the Court may admit evidence of a person of standing
in the quantity surveying profession as to what constitutes professional
misconduct or poor professional performance. The Court
may also direct how the costs of the application are to be borne
Section 41 provides that the Appeals Board will also have jurisdiction
in the case of complaints arising from non- decisions by the
relevant Board within the period specified under Section 30(12) or
section 30(13) in assessment of applications for registration.
PART 5
Registration of Building Surveyors
(Sections 42 to 55)
Part 5 provides for the statutory protection of the title of ‘‘Building
Surveyor’’ by restricting the lawful use of the title to suitably qualified
persons whose names are entered on a statutory register. The
registration system will be administered by the Society of Chartered
Surveyors (SCS). Part 5 also specifies the criteria for automatic eligibility
for admission to the register of Building Surveyors. It provides
for the setting up of an Admissions Board, A Technical Assessment
Board, and a Professional Conduct Committee. Part 5 further provides
for establishment of an Appeals Board to determine appeals
against decisions of any of the aforementioned Boards or Committee,
with an ultimate right of appeal against decisions of the Appeals
Board to the High Court. Finally Part 5 provides for payment of
registration fees and appointment of a Registrar and for the determination
of fines or penalties for misuse of the title of ‘‘ Building
Surveyor’’.
Section 42 designates the Society of Chartered Surveyors (SCS) as
the registration body under this Part and as the competent authority
for building surveyors in the State. It provides that the registration
body must establish an Admissions Board for the purpose of registering
members of the building surveying profession. Membership
of the Board will be comprised of a Chairperson and 7 members
as follows:
(i) 3 building surveyors to be nominated by the registration
body, following consultation with certain bodies
(ii) 4 persons (who are not building surveyors) to be nominated
by the Minister
(iii) the chairperson, who will be appointed by the Minister, will
be a solicitor, barrister or a former judge of the Circuit
Court, High Court or Supreme Court
Section 43 sets out the eligibility criteria for admission to the
building surveyor’s register for persons holding approved qualifications,
including nationals of EU Member States, and the European
Economic Area in accordance with EU obligations. It includes
nationals or residents of States which are members of the World
Trade Organisation and Third Countries.
It also provides that membership of the registration body is not a
prerequisite for registration and that the same registration fee will
apply to members and non-members of the body.
Section 44 provides for application for recognition of qualifications
by persons from Member States who are eligible to apply to the
Admissions Board for registration under EU Directive 2005/36/EC
(Chapter 1, Title III). It sets out the procedures for assessment of
such applications, including the procedures for interview by the
Board, the undertaking of an aptitude test/adaptation period, where
such is considered necessary. The Board must make its decision on
the application within a 3 month period of the date of receipt of
a valid application. There is provision for extending the period for
assessment by 1 extra month in specified cases.
Section 45 provides for the payment of prescribed registration fees
and annual retention fees to the registration body. The Registrar
may remove the names of registrants from the register for non-payment
of retention fees within two months of sending of a second
notice by pre-paid post. Names may be restored to the register on
payment of the fee. In cases of verified hardship, the Registrar may
remit all or part of the fee.
Section 46 makes it an offence for persons to use the title ‘‘building
surveyor’’, unless entitled to do so, either alone or in combination
with either names, letters, titles or descriptions to imply that they are
registered; with intent to deceive, makes use of a certificate issued
under the Act; makes a false declaration for the purpose of obtaining
registration , or aids or abets any such action: practices any business
under the name or title containing the word ‘‘building surveyor’’ .
Persons who do so, will be guilty of an offence and will be liable on
summary prosecution to a fine of \5,000 and \500 for each day of an
ongoing offence, and/or imprisonment for a term of not exceeding
12 months.
Section 47 enables the registration body to appoint a Registrar for
keeping an updated register of the names of persons registered. It
will also decide on the format of the register. On registration, a certificate
will be forwarded to the registrant. The register will be available
for public inspection during working hours. It also provides for
payment of a salary or fee to the Registrar by the registration body
who may also pay pension contributions and travel allowances.
Section 48 enables a registrant to apply to have his/her name
removed from the register and to subsequently apply for restoration.
An application for removal from a registrant will not be considered
while an investigation is underway by the Professional Conduct Committee
until such proceedings have been completed and necessary
action decided. Nothing in this section will prevent the Professional
Conduct Committee from refusing to restore a person’s name to the
register on the grounds of unfitness to practice building surveying or
attaching certain conditions to the entry, whereupon the Registrar
will notify the person of the decision taken, the date and the
reasons therefore.
Section 49 provides for the establishment by the registration body
of a Technical Assessment Board to consider applications for registration
from persons who are not eligible for registration under
Section 40. The Board will be comprised of a Chairperson and 7
members as follows:
(i) 3 building surveyors to be nominated by the registration
body, following consultation with certain bodies
(ii) 4 persons (who are not building surveyors) to be nominated
by the Minister
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(iii) the chairperson, who will be appointed by the Minister, will
be a solicitor, barrister or a former judge of the Circuit
Court, High Court or Supreme Court
Section 50 provides for the procedure of the Technical Assessment
Board in assessing applications from certain persons who have 8 or
10 years experience in the field of building surveying in the State, on
the commencement date of the Section. It cites the documentation
to be submitted by applicants for registration, the criteria and format
to be used for assessment of applications. It specifies that the Board
may interview applicants, if considered necessary. Where interviews
are considered necessary, 4 board members will be present and the
interview may be recorded in writing or any other format as the
board may decide. The interviewee may, at his/her own expense, be
accompanied by a professional advisor, including a lawyer. Applicants
must be notified of the decision of the Board. Where a decision
is favourable, the board will notify the Registrar who will arrange to
register the applicant, on payment of appropriate fee.
Section 51 provides for the establishment by the registration body
of a Professional Conduct Committee to examine complaints made
in regard to alleged professional misconduct. The Board will be comprised
of a Chairperson and 11 members as follows:
(i) 5 building surveyors to be nominated by the registration
body, following consultation with certain bodies
(ii) 6 persons (who are not building surveyors) to be nominated
by the Minister, 1 of whom will be nominated by the
Minister with the consent of the Minister for Enterprise,
Trade and Employment
(iii) the chairperson, who will be appointed by the Minister, with
the consent of the Minister for Enterprise, Trade and
Employment, will be a solicitor, barrister or a former
judge of the Circuit Court, High Court or Supreme Court
Section 52 provides for the establishment by the registration body
of an Appeals Board. The Board will be comprised of a Chairperson
and 5 members as follows:
(i) 2 building surveyors to be nominated by the registration
body, following consultation with certain bodies, neither
of whom will be a member of any Board set up under
this Part
(ii) 3 persons (who are not building surveyors), 2 of whom will
be nominated by the Minister and 1 will be nominated by
the Minister with the consent of the Minister for
Enterprise, Trade and Employment, none of whom will
be a member of any Board or Committee established
under this Part
(iii) the chairperson, who will be appointed by the Minister, will
be a solicitor, barrister or a former judge of the Circuit
Court, High Court or Supreme Court
Section 53 sets out the procedures for making of an appeal by
persons who are adversely affected by decisions of the Admissions
Board, the Technical Assessment Board or the Professional Conduct
Committee. It details the requirements for processing of the appeal
by the Board and informing the appellant of the outcome of the
appeal. The appeal must be in writing, relate to either procedural or
substantive matters and be lodged within 3 months of the date of the
decision being appealed. A witness at a hearing will have the same
immunities and privileges as a witness before the High Court.
The procedures of the Appeals Board shall make provision for:
(i) notification of the appellant, the Chairperson of the relevant
Board or Committee, and any other person whose evidence
may be required to attend before the Board on a
particular date and time at a specified venue
(ii) advising the appellant of the right to present the case or, at
their own expense, through a legal representative
(iii) the examination of witnesses
(iv) whether evidence should be taken under oath
(v) recording of evidence
The Appeals Board, having considered an appeal, may:
(i) confirm the decision of the relevant Board or Committee,
subject to an amendment
(ii) annul the decision and direct the relevant Board or Committee
to make a new decision, or
(iii) give such other direction as it thinks fit
The Chairperson of the Appeals Board shall then notify the
appellant by pre-paid registered post of the decision taken, the date
of same and the reasons for that decision and of the appellant’s right
of appeal to the High Court. The relevant Board or Committee
against whose decision the appeal was lodged shall also be informed
of the decision. Where the appellant had made a complaint to the
Professional Conduct Committee under Part 6, the registered building
surveyor against whom the complaint was made, shall also be
notified of the decision of the Board.
Section 54 provides for the right of appeal to the High Court by
persons adversely affected by a decision of the Appeals Board. The
appeal must be lodged within 3 months of the date of the decision
of the Appeals Board. The Court may—
(i) confirm the decision of the Appeals Board, subject to any
amendment the Court may decide
(ii) overturn the decision and direct the Appeals Board to make
a new decision
(iii) give any other direction the Court thinks fit
In the case of an appeal from a decision of the Professional Conduct
Committee, the Court may admit evidence of a person of standing
in the building surveyor profession as to what constitutes professional
misconduct or poor professional performance. The Court
may also direct how the costs of the application are to be borne.
Section 55 provides that the Appeals Board will also have jurisdiction
in the case of complaints arising from non- decisions by the
relevant Board within the period specified under Section 44 (12) or
section 44 (13) in assessment of applications for registration.
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PART 6
Fitness To Practice
(Sections 56 to 59)
Section 56 enables the registration bodies to prepare a Code of
Professional Conduct and standards to which registered professionals
must adhere. The code may be reviewed from time to time, as considered
necessary by the registration bodies. There is a requirement
for a public consultation process together with consultation with the
Competition Authority. A copy of the code will be available, at a
reasonable charge, or without charge as may be determined by the
registration bodies.
Section 57 sets out the procedures for examination of a complaint
made to the Professional Conduct Committee (PCC) and the conduct
of an inquiry into alleged professional misconduct or poor professional
performance of a registered professional. Where the Committee
decides that a prima facie case has not been made for an
inquiry, it will inform the complainant in writing of the decision.
The PCC, following consideration of the complaint and if considered
appropriate, may provide for resolution of the complaint
initially by mediation between the parties to the complaint, before a
person/persons appointed by the relevant registration body. Where
mediation is unsuccessful, the Committee must proceed to examine
the complaint.
Provision is made whereby the Chairperson of the PCC will inform
the members of the Committee and the complainant of the date,
time and venue for the hearing. The notification to the registrant will
outline the details of the complaint and advise of his/her right to
appear before the Committee and be represented by a person of
his/her choice.
The PCC, when acting under this section will have the powers,
rights or privileges vested in the High Court or a judge of the High
Court in regard to enforcing the attendance of witnesses, examining
witnesses under oath or compelling the production of documents.
Witnesses appearing at an inquiry under this section will have the
same immunities and privileges as witnesses before the High Court.
On completion of an inquiry, the PCC must produce a report
embodying its findings, to include the nature of the complaint and
the evidence before it. The findings of the Committee will not be
made public, without the consent of the registrant who has been the
subject of the complaint, unless he/she has been found guilty of professional
misconduct or poor professional performance by the
Committee.
Where the PCC has found the registrant not guilty of professional
misconduct or poor professional performance, it must so notify the
complainant and advise of the right of appeal to the Appeals Board.
Persons who fail to attend a hearing, fail to produce necessary
documents or refuse to take an oath or answer questions which the
Committee may lawfully ask, will be guilty of an offence and will be
liable, on summary conviction to a fine not exceeding \5,000 and
\500 for each day of an ongoing offence and /or to imprisonment for
a term not exceeding 12 months.
Section 58 provides that where the PCC finds there has been no
professional misconduct or poor professional performance by the
registrant, it will notify the complainant and the registrant of the
decision and take no further action. Where the Committee finds that
a registrant is guilty of professional misconduct or poor professional
performance it may do one or more of the following:
— advise, admonish or censure the registrant;
— impose a fine of a specified amount, which, if unpaid after a
2 month period has elapsed following notification of the fine,
the Registrar may strike the registrant’s name from the
register;
— suspend the registrant from the register with provision to
reapply for admission after a specified period;
— erase the registrant’s name from the register permanently;
— allow for the registrant’s name to remain in the register subject
to the imposition of certain conditions for so remaining
as it considers appropriate, to be complied with by the
registrant.
The Chairperson of the PCC must inform the registrant by prepaid
registered post of the decision, the date thereof and the reasons
for that decision and of the registrants right to appeal to the Appeals
Board. The decision of the PCC must be stayed where the registrant
appeals to the Appeal Board within the specified period, until the
appeal is disposed of, to include the time specified for appeal to the
High Court.
Where no appeal is made against the decision of the PCC, or an
appeal is made and has been disposed of, and where the decision of
the Committee to strike the registrant from the register has been
upheld, the Registrar may apply to the High Court for confirmation
of the decision and the Court shall, on hearing the application, unless
it sees good reason to the contrary, confirm the decision and either
direct the registrar to remove the registrant’s name from the register
or direct that during a specified date ( beginning not earlier than 7
days after the decision of the Court) registration of the professional’s
name shall not have effect.
The Registrar must notify the registrant by pre- paid registered
post of either direction of the Court. The name of a registrant which
has been erased or suspended under this section , may be restored
to the register on the direction of the PCC, subject to any conditions
specified, including payment of a fee which must not exceed the
initial registration fee.
Section 59 provides that the proceedings of or communications by
the PCC in the course of an inquiry, and any reports made in the
exercise of its powers, duties or functions under this Part are absolutely
privileged in any action for defamation.
PART 7
Miscellaneous Provisions
(Sections 60 to 73)
Section 60 provides for temporary registration where architectural,
quantity surveying or building surveying services are provided on a
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temporary or occasional basis in the State, in accordance with the
Directive. It outlines the procedures for such registration.
Section 61 provides that a registration body may arrange for assistance
from persons for any Board or Committee for the proper discharge
of certain functions. A registration body may also make rules
to facilitate the execution of its functions and those of any board or
committee, including the Appeals Board, as provided for under this
Act. The registration body must publish the draft rules and circulate
them to the board or committee affected by their requirements.
Section 62 provides that the registration body may prescribe the
payment of fees, subject to the approval of the Minister for the
following:
(i) processing applications for registration ;
(ii) the annual retention of a name in the register maintained by
the Body;
(iii) restoring the name of any person in the register following
removal pursuant to the provisions of the Act;
(iv) removing the name of any person from the register on the
application of that person;
(v) entering additional qualifications of any person in the register,
not being qualifications required for registration;
(vi) issuing a certificate of registration;
(vii) provision of any other service by the registration body.