STATUTORY INSTRUMENTS
S.I. No. 351 of 2009
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BUILDING CONTROL (AMENDMENT) REGULATIONS 2009
(Prn. A9/1260)
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S.I. No. 351 of 2009
BUILDING CONTROL (AMENDMENT) REGULATIONS 2009
The Minister for the Environment, Heritage and Local Government, in exercise
of the powers conferred on him by section 6 of the Building Control Act 1990
(No. 3 of 1990) (as amended by section 5 of the Building Control Act 2007 (No.
21 of 2007), section 7 of the Building Control Act 1990 (as amended by section
6 of the Building Control Act 2007 (No. 21 of 2007)) and section 18 of the
Building Control Act 1990 (No. 3 of 1990) (as adapted by the Environment and
Local Government (Alteration of Name of Department and Title of Minister)
Order 2003 (S.I. No. 233 of 2003)) hereby makes the following Regulations—
Citation.
1. (1) These Regulations may be cited as the Building Control (Amendment) Regulations 2009.
(2) These Regulations, the Building Control Regulations 1997 (S.I. No. 496 of 1997), the Building Control (Amendment) Regulations 2000 (S.I. No. 10 of 2000), the Building Control (Amendment) Regulations 2004 (S.I. No. 85 of 2004) may be construed as one and cited together as the Building Control Regulations 1997 to 2009.
Commencement.
2. These Regulations shall come into effect on 1 October 2009 except for the
provisions of Article 8 which shall come into effect on 1 January 2010.
Application.
3. Article 3 of the Principal Regulations is amended by inserting the following
after paragraph (4):—
“(5) (a) Parts IIIA and Parts IIIB, subject to the provisions of those
Parts, apply to works or a building as regards which a material
change of use takes place, where the works commence or the
material change of use takes place on or after the date those Parts
come into effect.
(b) Subparagraph (a) does not apply to Article 20C.”.
Interpretation.
4. (1) In these Regulations, any reference to a Schedule, Part or Article,
which is not otherwise identified is a reference to a Schedule, Part or Article of
these Regulations.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiu´ il” of 11th September, 2009.
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(2) In these Regulations, save where the context otherwise states:
“the Principal Regulations” means the Building Control Regulations, 1997 (S.I.
No. 496 of 1997) as amended by the Building Control (Amendment) Regulations
2000 (S.I. No. 10 of 2000) and the Building Control (Amendment) Regulations
2004 (S.I. No. 85 of 2004);
“the Act” means the Building Control Act 1990 (No. 3 of 1990) as amended by
the Building Control Act 2007 (No. 21 of 2007);
“the Minister” means the Minister for the Environment, Heritage and Local
Government.
(3) Article 5 of the Principal Regulations is amended by the substitution of
the following for paragraph (4):
“(4) In these Regulations, save where the context otherwise requires—
“the Act” means the Building Control Act 1990 (No. 3 of 1990) as amended
by the Building Control Act 2007 (No. 21 of 2007);
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming,
the breeding and keeping of livestock (including any creature kept for
the production of food, wool, skins or fur, or for the purpose of its use in
the farming of land), the use of land as grazing land, meadow land, osier
land, market gardens and nursery grounds, the use of land for turbary, and
the use of land for woodlands where that use is ancillary to the farming of
land for other agricultural purposes;
“appeal” means an appeal to the Board under section 7(1)(a), 7(1)(b),
7(1)(d) or 7(1)(e) of the Act;
“application” means—
(a) an application under section 4 of the Act for a dispensation from,
or a relaxation of, a requirement of Building Regulations,
(b) an application for a fire safety certificate,
(c) an application for a revised fire safety certificate,
(d) an application for a regularisation certificate,
(e) an application for a disability access certificate, or
(f) an application for a revised disability access certificate.
“the Board” means An Bord Pleanala;
“building control authority” means a building control authority as defined
in section 2 of the Act;
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“Building Control Regulations, 1991 and 1994” means the Building Control
Regulations, 1991 (S.I. No. 305 of 1991) as amended by the Building Control
(Amendment) Regulations, 1994 (S.I. No. 153 of 1994);
“Building Regulations” means the Building Regulations, 1997;
“commencement notice” means a notice referred to in section 6(2)(k) of
the Act;
“day centre” means a building used for the provision of treatment or care
to persons where such persons do not stay overnight and includes a day care
centre, a pre-school, a creche, and a day nursery;
“disability access certificate” means a certificate referred to in section 6
(2)(a)(ix) of the Act;
“dispensation or relaxation” means a dispensation or a relaxation, under
section 4 of the Act, from or of, as the case may be, any requirement of
regulations made under section 3 of the Act;
“domestic garage” means a building ancillary to a dwelling which is used,
or suitable for use, for the storage of a motor vehicle or vehicles and is not
used for the purposes of any trade or business;
“drainage system” in relation to a building, means the system of pipes and
drains used for the drainage of the building, including all other fittings,
appliances and equipment so used but excluding subsoil water drains;
“an enforcement notice” means a notice served under section 8 of the Act;
“fire safety certificate” includes a certificate referred to in section 6(2)(a)(ii)
of the Act;
“flat” means separate and self-contained premises constructed or adapted
for residential use and forming part of a building from some other part of
which it is divided horizontally;
“guest building” means a building (other than a hotel or hostel) providing
overnight guest accommodation for reward, and includes a guesthouse;
“industrial building” includes a factory or other premises used for manufacturing,
altering, repairing, cleaning, washing, breaking-up, adapting or processing
any article, generating power or slaughtering livestock;
“institutional building” includes a hospital, nursing home, home for old
people or for children, school or other similar establishment used as living
accommodation or for the treatment, care or maintenance of persons suffering
from illness or mental or physical disability or handicap, where such
persons sleep on the premises;
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“material alteration” means an alteration (other than a repair or renewal),
where the work, or any part of the work, carried out by itself would be
subject to a requirement of Part A or B of the Second Schedule to the
Building Regulations;
“material change of use” means—
(a) a change of use, deemed by section 3(3) of the Act to be a material
change of use, takes place, or
(b) a building which was not being used as—
(i) a day centre, becomes so used, or
(ii) a hotel, hostel or guest building, becomes so used, or
(iii) an industrial building, becomes so used, or
(iv) an institutional building, becomes so used, or
(v) an office (which is not ancillary to the primary use of the
building), becomes so used, or
(vi) a place of assembly, becomes so used, or
(vii) a shop (which is not ancillary to the primary use of the
building), becomes so used, or
(viii) a shopping centre, becomes so used;
“minor works” means works consisting of the installation, alteration or
removal of a fixture or fitting, or works of a decorative nature;
“office” includes premises used for the purpose of administrative or clerical
work (including writing, book keeping, sorting papers, filing, typing,
duplicating, machine calculating, drawing and the editorial preparation of
matter for publication, handling money (including banking and building
society work) or telephone system operation);
“party” means a party to an appeal, namely—
(a) the appellant,
(b) the building control authority against whose decision an appeal is
made, and “parties” shall be construed accordingly;
“place of assembly” includes—
(a) a theatre, public library, hall or other building of public resort
used for social or recreational purposes,
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(b) a non-residential school or other educational establishment,
(c) a place of public worship,
(d) a public house, restaurant or similar premises used for the sale
to members of the public of food or drink for consumption on
the premises,
but no building shall be treated as a place of assembly solely because it is a
building to which members of the public are occasionally admitted;
“register” means a register pursuant to article 21 of these Regulations;
“regularisation certificate” means a certificate referred to in section
6(2)(a)(vii) of the Act;
“repair or renewal” means works of maintenance or restoration of a routine
nature relating to—
(a) the keeping of a building in good condition or working order, or
(b) the return of the fabric of a building to its original condition;
“revised disability access certificate” means a certificate referred to in
section 6(2)(a)(x) of the Act;
“revised fire safety certificate” means a certificate referred to in section
6(2)(a)(vi) and section 6(2)(a)(x) of the Act;
“shop” includes a building used for retail or wholesale trade or business
(including retail sales by auction, self-selection and over-the-counter wholesale
trading, the business of lending books or periodicals for gain and the
business of a barber or hairdresser) and premises to which the public is
invited to deliver or to collect goods in connection with their hire, repair or
other treatment, or where they themselves may carry out such repairs or
other treatments;
“shopping centre” includes a building which comprises a number of individually
occupied premises to which common access is provided principally
for the benefit of shoppers;
“State authority” means any authority being—
(a) a Minister of the Government, or
(b) the Commissioners of Public Works in Ireland;
“statutory declaration” means a statutory declaration referred to in section
6 (2)(a)(vii) of the Act;
“works” includes any act or operation in connection with the construction,
extension, alteration, repair or renewal of a building;
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“7 day notice” means a notice referred to in section 6(2)(a)(iv) of the Act;
“7 day notice statutory declaration” means a statutory declaration referred
to in section 6(2)(a)(v) of the Act.
Amendment of Article 8 of the Principal Regulations.
5. The Principal Regulations are amended by inserting the following after
article 8:
“8A A commencement notice under article 8 shall not be required in
respect of works or a building in respect of which a 7 day notice
is required under article 20A(1).”.
Amendment of Article 12 of the Principal Regulations.
6. (1) Article 12 of the Principal Regulations is amended—
(a) by substituting the following for paragraph (1):
“(1) Subject to paragraph (3), a fire safety certificate shall be
required in respect of all works or buildings to which this Part
applies.” and
(b) by inserting the following after paragraph (2):
“(3) Paragraphs 1 and 2 shall not apply where a 7 day notice has
been submitted to the relevant building control authority pursuant to
Article 20A.”.
Insertion of Part IIIA to the Principal Regulations.
7. The Principal Regulations are amended by inserting the following after
article 20:
“Part IIIA — 7 Day Notice, Revised Fire Safety Certificate,
Regularisation Certificate, Statutory Declaration and 7 Day
Notice Statutory Declaration.
7 Day Notice.
20A (1) (a) A 7 day notice shall be submitted to a building control
authority in respect of:
(i) all works or buildings to which Part III applies, pursuant
to Article 11(1) of these Regulations, and
(ii) where it is proposed to commence work before grant of
the relevant fire safety certificate.
(b) A 7 day notice referred to in paragraph (a) shall be submitted
not less than 7 days in advance of commencement of
work.
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(2) A 7 day notice shall be—
(a) in the form specified for that purpose in the Third Schedule,
and
(b) shall be accompanied by—
(i) a valid application for a fire safety certificate from the
applicant in the form specified for that purpose in the
Third Schedule and accompanied by such plans and
particulars as required under paragraphs (a) and (b) of
article 13(2),
(ii) a 7 day notice statutory declaration in the form specified
for that purpose in the Third Schedule, and
(iii) such fee as may from time to time be prescribed for that
purpose in Part V.
(3) (a) On receipt of a 7 day notice, a building control authority
shall—
(i) consider whether the application is in compliance with
the requirements of paragraph (2), and
(ii) stamp the documents with the date of receipt.
(b) Where a building control authority consider that a 7 day
notice complies with the requirements of paragraph (2), they
shall send to the applicant an acknowledgment stating the
date of receipt of the notice.
(c) Where a building control authority consider that a 7 day
notice does not comply with paragraph (2), they may within
7 days of receipt of the notice, as they consider appropriate
having regard to the extent of the failure to comply with the
said paragraph, by notice—
(i) inform the applicant that the 7 day notice is invalid and
cannot be accepted by the authority, or
(ii) require the applicant to furnish such further or amended
plans, calculations, specifications, documents or particulars
or such additional fee, as may be necessary to
comply with the said paragraph.
(d) For the purposes of subparagraph (c), a building control
authority may give or send any notice to the applicant by
such of the following means as they consider effective:—
(i) in writing and sent by post or personal delivery;
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(ii) subject to paragraph (e), by telephone, fax, electronic
mail or such other means, whether electronic or otherwise,
as may appear appropriate.
(e) Where a building control authority give or send any notice to
the applicant in any form other than in writing, the building
control authority shall confirm such notice in writing to the
applicant within fourteen days.
(4) Articles 15 to 20 shall apply mutatis mutandis as if any reference
therein to an application or an application for a fire safety certificate
were a reference to an application for a fire safety certificate which
accompanied the submission of a 7 day notice under paragraph (2)(b).
Revised Fire Safety Certificate.
20B (1) (a) A revised fire safety certificate shall be required in
respect of works—
(i) where the original application for a fire safety certificate
was submitted prior to the grant of planning permission,
if necessitated by the subsequent grant of such planning
permission, for the purpose of ensuring that the revised
design arising from the grant of planning permission
(including any conditions attached to it) complies with
the requirements of Part B of the Second Schedule to
the Building Regulations, or
(ii) where significant revision is made to the design or works
of a building or an extension of, a material alteration to
or a material change of use of a building in respect of
which a fire safety certificate has been granted by a
building control authority.
(b) Where a revised fire safety certificate is required in respect
of all works or buildings, a person shall not carry out such
works or make a material change of use as regards such
a building—
(i) in the absence of a revised fire safety certificate in
respect of the works or building, or
(ii) in contravention of any conditions subject to which the
certificate is granted.
(2) An application for a revised fire safety certificate shall be in the
form specified for that purpose in the Third Schedule.
(3) An application for a revised fire safety certificate shall be
accompanied by—
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(a) such revised plans (including a site or layout plan and drawings
of floor plans, elevations and sections) (in duplicate)
and such other revised calculations, specifications or other
particulars as are necessary to—
(i) identify and describe the works or building to which the
application relates, and
(ii) enable the building control authority to assess, whether
the said works or building would, if constructed in
accordance with the said plans, calculations, specifications
and other particulars, comply with the requirements
of Part B of the Second Schedule to the Building
Regulations.
(b) such fee as may from time to time be prescribed for that
purpose in Part V.
(4) (a) On receipt of an application for a revised fire safety certificate,
a building control authority shall—
(i) stamp the documents with the date of receipt, and
(ii) consider whether the application complies with the
requirements of paragraphs (2) and (3).
(b) Where a building control authority consider that an application
for a revised fire safety certificate complies with the
requirements of paragraphs (2) and (3), they shall send to
the applicant an acknowledgement stating the date of
receipt of the application.
(c) Where a building control authority consider that an application
for a revised fire safety certificate does not comply
with paragraphs (2) and (3), they may, as they consider
appropriate having regard to the extent of the failure to
comply with the said paragraphs, by notice in writing—
(i) inform the applicant that the application is invalid and
cannot be considered by the authority, or
(ii) require the applicant to furnish such further plans, calculations,
specifications or particulars, or such additional
fee, as may be necessary to comply with the said
paragraphs.
(d) Where a building control authority serve a notice in accordance
with subparagraph (c), they shall return to the applicant
all the documents and the fee which accompanied the
application.
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(5) Articles 15 to 17 shall apply mutatis mutandis as if any reference
therein to an application or an application for a fire safety certificate
were a reference to an application for a revised fire safety certificate
pursuant to paragraph (2).
(6) Where a building control authority decide to grant a revised fire
safety certificate with or without conditions, the form specified for that
purpose in the Fourth Schedule or a form substantially to the like
effect, shall be the form of every such certificate and where the revised
fire safety certificate is granted subject to conditions, they shall inform
the applicant of the reasons therefor.
(7) Where a building control authority decide to refuse to grant a
revised fire safety certificate, they shall notify the applicant in writing
of their decision and the reasons therefor.
(8) Where a building control authority grant a revised fire safety
certificate with conditions, or refuse to grant a revised fire safety certificate,
they shall notify the applicant that he may appeal to the Board
against the decision of the building control authority within the period
prescribed in Part VI.
Regularisation Certificate.
20C (1) Where works have been commenced or completed in
respect of the construction of a building or an extension of or a
material alteration to a building without a fire safety certificate as
required under article 12(1) or the submission of a 7 day notice under
article 20A(1), an application shall be submitted to a building control
authority for a regularisation certificate.
(2) (a) An application for a regularisation certificate shall be in the
form specified for that purpose in the Third Schedule.
(b) An application for a regularisation certificate shall be
accompanied by—
(i) drawings of the relevant works as they have been commenced
or constructed, so as to enable the building control
authority to assess whether the said works, as commenced
or as constructed in accordance with the said
drawings, documents and information submitted, will
comply or are in compliance, as appropriate, with the
requirements of Part B of the Second Schedule to the
Building Regulations,
(ii) a statutory declaration from the applicant in the form
specified for that purpose in the Third Schedule, and
(iii) such fee as may from time to time be prescribed for that
purpose in Part V.
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(3) (a) On receipt of an application for a regularisation certificate,
a building control authority shall—
(i) stamp the documents with the date of receipt, and
(ii) consider whether the application complies with the
requirements of paragraph (2).
(b) Where a building control authority consider that an application
for a regularisation certificate complies with the
requirements of paragraph (2), they shall send to the applicant
an acknowledgement stating the date of receipt of the
application.
(c) Where a building control authority consider that an application
for a regularisation certificate does not comply with
paragraph (2), they may, as they consider appropriate having
regard to the extent of the failure to comply with the
said article, by notice in writing—
(i) inform the applicant that the application is invalid and
cannot be considered by the authority, or
(ii) require the applicant to furnish such further plans, calculations,
specifications or particulars, or such additional
fee, as may be necessary to comply with the said
paragraph.
(d) Where a building control authority serve a notice in accordance
with subparagraph (c), they shall return to the applicant
all the documents and the fee which accompanied the
application.
(4) Where an application is made to a building control authority for
a regularisation certificate, the authority, in considering such application,
shall
(a) be restricted to considering only the extent to which the
works, if commenced or as constructed in accordance with
the drawings, documents and information submitted, will
comply or are in compliance, as appropriate, with the
requirements of Part B of the Second Schedule to the Building
Regulations, and
(b) have due regard to any dispensation or relaxation in respect
of, or which is relevant to, the works or building to which
the application relates.
(5) Where a building control authority, having considered an application
for a regularisation certificate, are disposed to granting such
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certificate subject to any modification of the plans, documents or information
to which the application relates, they may require the applicant
to submit to them revised plans, documents or information providing
for such modification and may decide to grant a regularisation certificate
in respect of such revised plans, documents or information so
submitted.
(6) (a) A building control authority shall, having considered an
application for a regularisation certificate and following an
inspection of the building pursuant to paragraph (b), grant
such certificate, with or without conditions or refuse to grant
the certificate, as the case may be.
(b) An authorised person shall be entitled to enter at all reasonable
times into any land (subject to his producing, if so
required, his authority in writing as such person) and
thereon enter and inspect, for the purposes of these Regulations,
any building and any plans or documents relating to
such building.
(c) In this article, an “authorised person” means a person authorised
in writing by a building control authority to be an
authorised person for the purposes of these Regulations.
(d) Subsections (3) to (7) of the Building Control Act 1990 shall
apply mutatis mutandis as if any reference therein to an
authorised person was a reference to an authorised person
appointed pursuant to this article.
(e) A regularisation certificate granted under this Part shall only
be construed as specifying, that in the opinion of the building
control authority, the works as constructed in accordance
with plans, documents and information submitted, comply
with the requirements of Part B of the Second Schedule to
the Building Regulations, subject to compliance (within a
period of 4 months there mentioned) with any conditions
attached to the certificate, including conditions as to the
carrying out of additional works.
(7) Where a building control authority decide to grant a regularisation
certificate, with or without conditions, the form specified for that
purpose in the Fourth Schedule or a form substantially to the like
effect, shall be the form of every such certificate and where the regularisation
certificate is granted subject to conditions, they shall inform the
applicant of the reasons therefor.
(8) Where a building control authority decide to refuse to grant a
regularisation certificate, they shall notify the applicant in writing of
their decision and the reasons therefor.
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(9) Where a building control authority grant a regularisation certificate
with conditions, or refuse to grant a regularisation certificate, they
shall notify the applicant that he may appeal to the Board against the
decision of the building control authority within the period prescribed
in Part VI.”.
Insertion of Part IIIB to the Principal Regulations.
8. The Principal Regulations are amended by inserting the following after
article 20C (9)(inserted by Article 7 of these Regulations):
“Part IIIB — Disability Access Certificate and Revised Disability
Access Certificate.
Disability Access Certificate.
20D (1) A certificate of compliance with respect to requirements under
Part M of the Second Schedule of the Building Regulations (hereinafter
referred to as a ‘disability access certificate’) shall be required in respect of
all works or a building to which Part III applies pursuant to paragraphs (a)
to (e) of Article 11(1) of these Regulations.
(2) Where a disability access certificate is required in respect of all works
or buildings to which this Part applies, a person shall make an application
to the building control authority for such certificate and not carry out such
works or make a material change of use as regards such a building in contravention
of Part M of the Building Regulations or any conditions subject to
which the certificate is granted.
(3) (a) An application for a disability access certificate shall be in the
form specified for that purpose in the Third Schedule.
(b) An application for a disability access certificate shall be
accompanied by—
(i) such plans, (including a site or layout plan) (in duplicate) and
such other particulars as are necessary to—
(I) identify and describe the works or building to which the
application relates,
(II) enable the building control authority to assess, whether
the said works or building would, if constructed in
accordance with the said plans and other particulars,
comply with the requirements of Part M of the Second
Schedule to the Building Regulations,
(III) identify the nature and extent of the proposed use and,
where appropriate, of the existing use of the building
concerned, and
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(ii) such fee as may from time to time be prescribed for that purpose
in Part V.
(4) (a) On receipt of an application for a disability access certificate, a
building control authority shall—
(i) stamp the documents with the date of receipt, and
(ii) consider whether the application complies with the requirements
of paragraph (3).
(b) Where a building control authority consider that an application
for a disability access certificate complies with the requirements
of paragraph (3), they shall send to the applicant an acknowledgement
stating the date of receipt of the application.
(c) Where a building control authority consider that an application
for a disability access certificate does not comply with paragraph
(3), they may, as they consider appropriate, having regard to the
extent of the failure to comply with the said paragraph, by notice
in writing—
(i) inform the applicant that the application is invalid and cannot
be considered by the authority, or
(ii) require the applicant to furnish such further plans, calculations,
specifications or particulars, or such additional fee, as
may be necessary to comply with the said article.
(d) Where a building control authority serve a notice in accordance
with sub-paragraph (c), they shall return to the applicant all the
documents and the fee which accompanied the application.
(5) Where an application is made to a building control authority for a
disability access certificate, the authority, in considering such application,
shall—
(a) be restricted to considering only the extent to which the design or
works complies with the requirements of Part M of the Second
Schedule to the Building Regulations, and
(b) have due regard to any dispensation or relaxation in respect of,
or which is relevant to, the works or building to which the application
relates.
(6) Where a building control authority, having considered an application
for a disability access certificate, are disposed to granting such certificate
subject to any modification of the plans, calculations, specifications or particulars
to which the application relates, they may require the applicant to
submit to them revised plans, specifications, or other particulars providing
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for such modification and may decide to grant a disability access certificate
in respect of such revised plans, specifications or particulars so submitted.
(7) (a) A building control authority shall, having considered an application
for a disability access certificate, grant such certificate, with
or without conditions or refuse to grant the certificate, as the case
may be.
(b) A disability access certificate granted under this Part shall only be
construed as certifying that the building or works, if constructed
in accordance with the plans, documents and information submitted,
would comply with the requirements of Part M of the Second
Schedule to the Building Regulations.
(8) Where a building control authority decide to grant a disability access
certificate, with or without conditions, the form specified for that purpose
in the Fourth Schedule or a form substantially to the like effect, shall be the
form of every such certificate and where the disability access certificate is
granted subject to conditions, they shall inform the applicant of the
reasons therefor.
(9) Where a building control authority decide to refuse to grant a disability
access certificate, they shall notify the applicant in writing of their
decision and the reasons therefor.
(10) Where a building control authority grant a disability access certificate
with conditions, or refuse to grant a disability access certificate, they
shall notify the applicant that he may appeal to the Board against the
decision of the building control authority within the period prescribed in
Part VI.
Revised Disability Access Certificate.
20E (1) A revised disability access certificate shall be required where
significant revision is made to the design or works of a building or an extension
of, a material alteration to or a material change of use of a building in
respect of which a disability access certificate has been granted by a building
control authority.
(2) (a) An application for a revised disability access certificate shall be
in the form specified for that purpose in the Third Schedule.
(b) An application for a revised disability access certificate shall be
accompanied by—
(i) such revised plans, (including a site or layout plan)(in
duplicate) and such other revised particulars as are necessary
to—
(I) identify and describe the works or building to which the
application relates,
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(II) enable the building control authority to assess, whether
the said works or building would, if constructed in
accordance with the said plans and other particulars,
comply with the requirements of Part M of the Second
Schedule to the Building Regulations,
(III) identify the nature and extent of the proposed use and,
where appropriate, of the existing use of the building
concerned, and
(ii) such fee as may from time to time be prescribed for that purpose
in Part V of these Regulations.
(3) (a) On receipt of an application for a revised disability access certificate,
a building control authority shall—
(i) stamp the documents with the date of receipt, and
(ii) consider whether the application complies with the requirements
of paragraph (2).
(b) Where a building control authority consider that an application
for a revised disability access certificate complies with the
requirements of paragraph (2), they shall send to the applicant
an acknowledgement stating the date of receipt of the application.
(c) Where a building control authority consider that an application
for a revised disability access certificate does not comply with
paragraph (2), they may, as they consider appropriate, having
regard to the extent of the failure to comply with the said paragraph,
by notice in writing—
(i) inform the applicant that the application is invalid and cannot
be considered by the authority, or
(ii) require the applicant to furnish such further plans, calculations,
specifications or particulars, or such additional fee, as
may be necessary to comply with the said article.
(d) Where a building control authority serve a notice in accordance
with subparagraph (c), they shall return to the applicant all the
documents and the fee which accompanied the application.
(4) Articles 20D(5), 20D(6) and 20D(7) shall apply mutatis mutandis as
if any reference therein to an application or an application for a disability
access certificate were a reference to an application for a revised disability
access certificate and any reference to a certificate or a disability access
certificate shall be construed accordingly.
18 [351]
(5) Where a building control authority decide to grant a revised disability
access certificate with or without conditions, the form specified for that purpose
in the Fourth Schedule to the Principal Regulations or a form substantially
to the like effect, shall be the form of every such certificate and where
the revised disability access certificate is granted subject to conditions, they
shall inform the applicant of the reasons therefor.
(6) Where a building control authority decide to refuse to grant a revised
disability access certificate, they shall notify the applicant in writing of their
decision and the reasons therefor.
(7) Where a building control authority grant a revised disability access
certificate with conditions, or refuse to grant a revised disability access certificate,
they shall notify the applicant that he may appeal to the Board
against the decision of the building control authority within the period prescribed
in Part VI.”.
Register.
9. (1) Article 21(1)(b) of the Principal Regulations is amended by inserting
“or 7 day notice” after “commencement notice”.
(2) Article 21(1)(b) of the Principal Regulations is amended by inserting “or
Part IIIA, as appropriate,” after Part II”.
(3) Article 21(1)(c) of the Principal Regulations is amended by inserting “,
a revised fire safety certificate, a regularisation certificate, a disability access
certificate, or a revised disability access certificate” after “fire safety certificate”.
(4) Article 21(1)(c) of the Principal Regulations is amended by inserting “Part
IIIA or Part IIIB, as appropriate, ” after “Part III”.
Exemptions.
10. (1) Article 22(1) of the Principal Regulations is amended by inserting “7
day notice,” after “commencement notice,”.
(2) Article 22(1) of the Principal Regulations is amended by inserting “,
revised fire safety certificate, regularisation certificate, disability access certificate,
revised disability access certificate” after “fire safety certificate”.
Exemptions for certain schools.
11. Article 22 of the Principal Regulations is amended by inserting the following
after article 22 (2):
“(3) A fee shall not be payable to a building control authority under these
Regulations where the works or the building which are or is the subject of an
application for a disability access certificate or a revised disability access certificate
are being carried out, or, in the case of a material change of use, is being
made, by or on behalf of a primary school, where the maximum number of
mainstream teachers employed is or will be 4 or less.”.
[351] 19
Requirement to pay fees.
12. (1) Article 23(1)(b) of the Principal Regulations is amended by inserting
“a revised fire safety certificate, a regularisation certificate, a disability access
certificate, a revised disability access certificate or the submission of a 7 day
notice,” after “fire safety certificate,”.
(2) Article 23(2)(a) of the Principal Regulations is amended by inserting “a
revised fire safety certificate, a regularisation certificate, a disability access certificate,
a revised disability access certificate,” after “fire safety certificate,”.
(3) Article 23(3)(b) of the Principal Regulations is amended by inserting “a
revised fire safety certificate, a regularisation certificate, a disability access certificate,
a revised disability access certificate or a 7 day notice, ” after “fire
safety certificate,”.
Standard fee.
13. Article 24(1)(b) of the Principal Regulations is amended by inserting “a
revised fire safety certificate, a regularisation certificate, a disability access certificate,
a revised disability access certificate or the submission of a 7 day notice,”
after “fire safety certificate,”.
Fee for alternative proposals.
14. Article 25 of the Principal Regulations is amended by substituting the
following for paragraph (3):—
“Where an application for a fire safety certificate, a revised fire safety certificate,
a regularisation certificate, a disability access certificate, a revised disability
access certificate or the submission of a 7 day notice includes alternative proposals
for works or a building of materially different designs, the fee payable in
respect of the application shall be calculated as if each alternative proposal were
a separate application or a separate 7 day notice.”.
Refund of fee in case of certain repeat applications.
15. (1) Article 26(2)(a) of the Principal Regulations is amended by inserting
“a revised fire safety certificate, a regularisation certificate, a disability access
certificate, a revised disability access certificate or the submission of a 7 day
notice,” after “fire safety certificate,”.
(2) Article 26(2)(b) of the Principal Regulations is amended by inserting “, a
revised fire safety certificate, a regularisation certificate, a disability access certificate
or a revised disability access certificate” after “fire safety certificate”.
(3) Article 26(3)(a) of the Principal Regulations is amended by inserting “,
revised fire safety certificate, regularisation certificate, disability access certificate,
revised disability access certificate or the submission of a 7 day notice”
after “fire safety certificate”.
(4) Article 26(3)(b) of the Principal Regulations is amended by inserting “,
revised fire safety certificate, regularisation certificate, disability access certificate,
revised disability access certificate or submission of a 7 day notice” after
“fire safety certificate,”.
“Issue of fire safety
certificate, revised
fire safety
certificate,
regularisation
certificate, disability
access certificate or
revised disability
access certificate.
20 [351]
(5) Article 26(3)(c) of the Principal Regulations is amended by inserting
“revised fire safety certificate, regularisation certificate, disability access certificate,
revised disability access certificate or submission of a 7 day notice,” after
“fire safety certificate,”.
(6) Article 26(3)(e) of the Principal Regulations is amended by inserting “,
a revised fire safety certificate, a regularisation certificate, a disability access
certificate, a revised disability access certificate or the submission of a 7 day
notice” after “fire safety certificate”.
(7) Article 26(4) of the Principal Regulations is amended by inserting “,
revised fire safety certificate, a regularisation certificate, disability access certificate,
revised disability access certificate or submission of a 7 day notice” after
“fire safety certificate”.
Documents, information etc in relation to appeal.
16. Article 30(1)(d) of the Principal Regulations is amended by inserting:
(i) “, section 7(1)(d) or section 7(1)(e)” after “section 7(1)(b)”and
(ii) “or Part M” after “Part B”.
Matters to be considered when determining an appeal.
17. Article 39 of the Principal Regulations is amended by inserting “, section
7(1)(d) or section 7(1)(e)” after “section 7(1)(b)”
Amendment of Article 39 of the Principal Regulations.
18. Article 39(a) of the Principal Regulations is amended by inserting “or Part
M” after “Part B”.
Amendment of Article 42 of the Principal Regulations.
19. The Principal Regulations are amended by substituting the following for
Article 42:—
42. Where a building control authority is notified by the Board of its decision
to allow an appeal under section 7(1)(b), section 7(1)(d) or section 7(1)(e) of
the Act, the authority shall, as soon as may be, issue a fire safety certificate,
a revised fire safety certificate, a regularisation certificate, a disability access
certificate or a revised disability access certificate, as appropriate, to the appellant
in accordance with the decision of the Board.”.
Insertion of Article 43 to the Principal Regulations.
20. The following article is inserted after article 42 of the Principal Regulations
(as amended by these Regulations):
[351] 21
“Prohibition on opening, operation or occupation of buildings.
43. (1) 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, a disability access certificate
(or, as the case may be a revised certificate of either kind) or
a regularisation certificate required by these Regulations has
been granted by the building control authority in relation to
the building, or
(ii) if such appeal is made to it, pending the determination by An
Bord Pleanala of an appeal 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.”
43. (2) It is declared that an offence contrary to article 43(1) of these
Regulations is an offence to which section 17(2) of the Act applies.”.
“Article 9
22 [351]
Amendment of the Second Schedule to the Principal Regulations.
21. The following is substituted for the Second Schedule to the Principal
Regulations:
SECOND SCHEDULE
FORM OF COMMENCEMENT NOTICE FOR DEVELOPMENT
(Notice to a Building Control Authority pursuant to Part II of the
Building Control Regulations 1997 to 2009)
OFFICIAL USE
Building Control Authority:
Date Received ————————
—————————————————— Register Ref. —————————
Entered on —————————
Entered by —————————
Fee Received ————————
1. I, the undersigned, hereby give notice/give notice on behalf of the person(s) named
below *(at question 4) to the above Building Control Authority (in accordance with
Part II of the Building Control Regulations 1997 to 2009) that I/the persons named
below* (at question 4) intend to carry out the development as described below.
(*Delete whichever is inappropriate)
Signature: ————————————— Date: ——————————————
Tel:——————————————————— Fax: ————————————
Email: ————————————————————————————————
Name of person(s): ———————————————————————————
Address: ———————————————————————————————
————————————————————————————————————
————————————————————————————————————
Commencement date (of works): ———————— Fee payable (\): —————
2a. PROJECT PARTICULARS: (In addition, for Residential Developments,
please complete Section 2b below)
Description of proposed development: ——————————————————
————————————————————————————————————
[351] 23
Planning Permission No.: —————————— Date Granted: ———————
Date of expiry: ———————————————
Fire Safety Certificate No. (if applicable): —————————————————
Disability Access Certificate No. (if applicable): ——————————————
Location of development: ————————————————————————
2b. Residential Development Information:
Total no. of dwelling units (all phases*): Total no. of phases* —————
Phase for this commencement notice: ———————————————————
No. of units for this phase/commencement notice**: ————————————
Commencement date for this phase: ———————————————————
(Proposed) End-date for this phase: ———————————————————
*Where applicable, i.e. phasing not relevant for single houses. **Include single
house figure here also.
3. Builder:
Name: Tel: Fax: ——————
Address: ———————————————————————————————
————————————————————————————————————
Email: ————————————————————————————————
4. Building Owner Details: (if different from Section 1 above)
Name: Tel: Fax: ——————
Address: ———————————————————————————————
————————————————————————————————————
Email: ————————————————————————————————
24 [351]
5. Building Designer Details:
Name: Tel: Fax: ——————
Address: ———————————————————————————————
————————————————————————————————————
Email: ————————————————————————————————
6. Information: Person(s) from whom such plans, documents and any other information,
as are necessary to show that the building or works will, if built in accordance
with design, comply with the requirements of the Building Regulations, may
be obtained.
Name: Tel: Fax: ——————
Address: ———————————————————————————————
————————————————————————————————————
Email: ————————————————————————————————
7. Drainage System Foundations: Person(s) from whom notifications of the pouring
of any foundations and/or the covering up of any drainage systems may be
obtained.
Name: Tel: Fax: ——————
Address: ———————————————————————————————
————————————————————————————————————
Email: ————————————————————————————————
”.
[351] 25
Amendment of the Third Schedule to the Principal Regulations.
22. The following is inserted in the Third Schedule to the Principal Regulations after
the form set out therein entitled Form of Application for a Fire Safety Certificate:
“FORM OF 7 DAY NOTICE
Building Control Acts 1990 and 2007
7 Day Notice
OFFICIAL USE
Building Control Authority:
Date Received ————————
Register Ref. —————————
Entered on —————————
Entered by —————————
Fee Received ————————
1. I, the undersigned, hereby give 7 days notice in advance of commencement of
work on behalf of the person(s) named below *(at question 4) to the above Building
Control Authority (in accordance with Part III A of the Building Control
Regulations 1997 to 2009) that I / the person(s) named below *(at question 4)
intend to carry out the development as described below.
(*Delete whichever is inappropriate)
Signature: Date: ——————————
Tel: Fax: ————————————
Name of person(s): Email: ———————————
Address: ———————————————————————————————
————————————————————————————————————
Commencement date (of works): Fee payable (\): ————
2. PROJECT PARTICULARS:
Description of proposed development: ——————————————————
————————————————————————————————————
————————————————————————————————————
————————————————————————————————————
Article 20A(2)
26 [351]
Planning Permission No.: Date Granted: Date of expiry: ———
Valid Fire Safety Certificate applied for (Date): ——————————————
Fire Safety Certificate No.: ——————————————————————
Location of development: ————————————————————————
————————————————————————————————————
3. Builder Details:
Name: Tel: ——————————
Address: ———————————————————————————————
————————————————————————————————————
Email: Fax: —————————
4. Building Owner Details: (if different from Section 1 above)
Name: Tel: ——————————
Address: ———————————————————————————————
————————————————————————————————————
Email: Fax: —————————
5. Building Designer Details:
Name: Tel: ——————————
Address: ———————————————————————————————
————————————————————————————————————
Email: Fax: —————————
[351] 27
6. Information: Person(s) from whom such plans, documents and any other information,
as are necessary to show that the building or works will, if built in accordance
with design, comply with the requirements of the Building Regulations, may be
obtained.
Name: Tel: ——————————
Address: ———————————————————————————————
————————————————————————————————————
Email: Fax: —————————
Article 20A(2)
28 [351]
FORM OF 7 DAY NOTICE STATUTORY DECLARATION
Building Control Acts 1990 and 2007
7 Day Notice Statutory Declaration
OFFICIAL USE
Building Control Authority:
Date Received ————————
Register Ref. —————————
Entered on —————————
Entered by —————————
Fee Received ————————
I / We ————————————————————————————————
of ——————————————————————————————————
do solemnly and sincerely declare that I / we have made an application to the
above Building Control Authority for a Fire Safety Certificate in respect of works
commencing not less than 7 days from this date.
Description of works: ——————————————————————————
————————————————————————————————————
————————————————————————————————————
located at ———————————————————————————————
————————————————————————————————————
pursuant to Article 12 of the Building Control Regulations 1997 to 2009 and I /
we solemnly declare that the application has been completed in full and complies
in all respects with the relevant provisions of the Building Control Regulations.
I / We further solemnly declare that any works that have commenced before the
grant of the Fire Safety Certificate will comply fully with the Building Regulations
and I / we 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(s) attached to the Fire Safety
Certificate when granted by the Building Control Authority.
Signed: ————————————————————————————————
Date: —————————————————————————————————
[351] 29
Signed in the presence of Commissioner of Oaths:—
Name: ————————————————————————————————
Address: ———————————————————————————————
————————————————————————————————————
Signature: ———————————————————————————————
Commissioner of Oaths
Warning: It is an offence for a person to knowingly or recklessly make a
Statutory Declaration that is false or misleading in a material respect.
Article 20A(2)
30 [351]
FORM OF APPLICATION FOR A REVISED FIRE SAFETY CERTIFICATE
Building Control Acts 1990 and 2007
Application for a Revised Fire Safety Certificate
OFFICIAL USE
Building Control Authority:
Date Received ——————
Register Ref. ———————
Entered on ————————
Entered by ————————
Fee Received ———————
Application is hereby made under Part IIIA of the Building Control Regulations
1997 to 2009 for a Revised Fire Safety Certificate in respect of proposed works or
building to which the accompanying plans, calculations and specifications apply.
Original Fire Safety Certificate application Reference No.: —————————
Reason for Revised Fire Safety Certificate application: ——————————
———————————————————————————————————
Planning Permission Reference No.: ———————————————————
1. APPLICANT: Owner / Leaseholder (delete as appropriate)
FULL NAME: ——————————————————————————
ADDRESS: ————————————————————————————
—————————————————————————————————
SIGNATURE: ——————————————————————————
TELEPHONE No.: ————————————————————————
DATE: —————————————————————————————
Owner of works or building (if different to above):
NAME: —————————————————————————————
ADDRESS: ————————————————————————————
—————————————————————————————————
[351] 31
2. Name and address of person/s or firm/s to whom notifications should be
forwarded (Owner/Leaseholder or Designer/Developer/Builder):
———————————————————————————————————
———————————————————————————————————
3. Name and address of person/s or firm/s responsible for preparation of
accompanying plans, calculations and specifications.
———————————————————————————————————
———————————————————————————————————
———————————————————————————————————
4. Address (or other necessary identification) of the proposed works or building
to which the application relates.
———————————————————————————————————
———————————————————————————————————
5. Description of changes to the proposed works or building from original application
(i) arising from the granting of planning permission or (ii) from the
Fire Safety Certificate granted.
———————————————————————————————————
———————————————————————————————————
———————————————————————————————————
6. Site area Original Revised Application
Application
Number of basement storeys ————— ———————————
(sq. metres) (sq. metres)
Number of storeys above ————— ———————————
ground level
Height of top floor above ————— ———————————
ground level (metres) (metres)
32 [351]
Floor area of building ————— ———————————
(sq. metres) (sq. metres)
Total area of ground floor ————— ———————————
(sq. metres) (sq. metres)
7. Amount of Fee (accompanying this application) \
Revised set of working drawings must accompany this application.
[351] 33
FORM OF APPLICATION FOR A REGULARISATION CERTIFICATE
Building Control Acts 1990 and 2007
Application for a Regularisation Certificate
OFFICIAL USE
Building Control Authority:
Date Received —————
Register Ref. —————
Entered on ——————
Entered by ——————
Fee Received —————
Application is hereby made under Part IIIA of the Building Control Regulations
1997 to 2009 for a Regularisation Certificate in respect of the works or building
to which the accompanying drawings apply.
1. APPLICANT: Owner / Leaseholder (delete as appropriate)
FULL NAME: ——————————————————————————
ADDRESS: ———————————————————————————
—————————————————————————————————
SIGNATURE: ——————————————————————————
TELEPHONE No.: ——————————— DATE: —————————
Owner of works or building (if different to above): ———————————
—————————————————————————————————
2. Location of works or building: ———————————————————
—————————————————————————————————
3. Classification of works or building
Construction of new building YES NO
Material alteration YES NO
Material change of use YES NO
Extension to a building YES NO
Article 20C(2)
34 [351]
4. Description of works or building:
—————————————————————————————————
——————————————————————————————————
—————————————————————————————————
5. Where a change of use applies:
(a) Existing use ——————————————————————————
(b) New use————————————————————————————
6. Works involving the construction of a new building, or a building the material
use of which is being changed—
(a) Number of basement storeys —————————
(b) Number of storeys above ground level —————————
(c) Height of top floor above ground level ———— (metres)
(d) Floor area of building ——— (sq. metres)
(e) Total area of ground floor ——— (sq. metres)
7. Works involving an extension or the material alteration of a building:
Floor area of extension ——— (sq. metres)
Floor area of material alteration ——— (sq. metres)
8. Planning Permission for the works or building in question:
Date Planning Permission was granted: —————————
Planning Reference No.: —————————
[351] 35
9. Date construction started:
Is construction of the building YES NO
completed?:
Date of completion:
Is the building occupied or operational?: YES NO
Is the building still under
construction?: 25% 50% 75%
Have any modifications to the original design been made during construction?:
YES NO
If yes, was planning permission sought (if necessary) for the modifications?:
YES NO
10. Amount of Fee (accompanying this application) \
Note:—
1. This Application Form for a Regularisation Certificate must be
accompanied by a Statutory Declaration.
2. This Application Form must be accompanied by a complete and certified set
of drawings for the works or building as commenced or constructed.
Article 20C(2)
36 [351]
FORM OF STATUTORY DECLARATION FOR A REGULARISATION
CERTIFICATE
Building Control Acts 1990 and 2007
Regularisation Certificate Statutory Declaration
OFFICIAL USE
Building Control Authority:
Register Ref. ———————
———————————————
I/We ——————————————————————————————
of ———————————————————————————————
————————————————————————————————
do solemnly and sincerely declare that the drawings, documents and information
supplied in relation to the attached application for a Regularisation
Certificate for the building as constructed or in respect of works already
carried out to date:
————————————————————————————————
————————————————————————————————
pursuant to article 20C of the Building Control Regulations 1997 to 2009
are true and accurate and that the works comply fully with Part B (Fire
Safety) of the Second Schedule to the Building Regulations.
I/We solemnly declare to agree to inspection of the works/building by the
Building Control Authority in carrying out its functions under the Act.
I/We solemnly declare to abide by any conditions, including conditions to
carry out additional work considered appropriate by the Building Control
Authority necessary to enable the Authority to issue a Regularisation Certificate.
I/We accept that where the conditions attached to the Regularisation Certificate
are not fully complied with to the satisfaction of the Building Control
Authority within a period of 4 months from the date of issue of the
Regularisation Certificate, the Certificate shall not have effect.
Signed: —————————————————————————————
Date: —————————————————————————————
[351] 37
Signed in the presence of Commissioner of Oaths:-
Name: —————————————————————————————
Address: ————————————————————————————
————————————————————————————————
————————————————————————————————
Signature: ———————————————————————————
Commissioner of Oaths
Warning: It is an offence for a person to knowingly or recklessly make a
Statutory Declaration that is false or misleading in a material respect.
respect.
Article 20D(3)
38 [351]
FORM OF APPLICATION FOR A DISABILITY ACCESS CERTIFICATE
Building Control Acts 1990 and 2007
Application for a Disability Access Certificate
OFFICIAL USE
Building Control Authority:
Date Received —————
Register Ref. ——————
Entered on ———————
Entered by ———————
Fee Received ——————
Application is hereby made under Part IIIB of the Building Control Regulations
1997 to 2009 for a Disability Access Certificate in respect of the works or building
to which the accompanying plans, calculations and specifications apply.
1. APPLICANT: Owner / Leaseholder (delete as appropriate)
FULL NAME: ——————————————————————————
ADDRESS: ———————————————————————————
—————————————————————————————————
SIGNATURE: ——————————————————————————
TELEPHONE NO.: —————————————— DATE: ———————
Owner of works or building (if different to above):
FULL NAME: ——————————————————————————
ADDRESS: ————————————————————————————
—————————————————————————————————
—————————————————————————————————
2. Name and address of person/s or firm/s to whom notifications should be forwarded
(Owner/Leaseholder or Designer/Developer/Builder):
—————————————————————————————————
—————————————————————————————————
—————————————————————————————————
[351] 39
3. Name and address of person/s or firm/s responsible for preparation of
accompanying plans, calculations and specifications:
—————————————————————————————————
—————————————————————————————————
—————————————————————————————————
4. Address (or other necessary identification) of the proposed works or building
to which the application relates:
—————————————————————————————————
—————————————————————————————————
——————————————————————————————————
5. Classification of works or building:
Construction of new building YES NO
Material alteration YES NO
Material change of use YES NO
Extension to a building YES NO
Brief description of building:
—————————————————————————————————
—————————————————————————————————
—————————————————————————————————
6. Use of proposed works or building:
(a) Existing use (where a change is proposed) —————————————
(b) New use ———————————————————————————
40 [351]
7. Has planning permission been applied for and granted for works or building?:
(a) Date permission was granted ———————————————————
(b) Planning Permission No. —————————————————————
8. In the case of
(a) Works involving the construction of a building, or a building the material
use of which is being changed —
Site area ———— (sq. metres)
Number of basement storeys ——————————
Number of storeys above ground level ——————————
Height of top floor above ground level —————— (metres)
Floor area of building ———— (sq. metres)
Total area of ground floor ———— (sq. metres)
(b) Works involving an extension or the material
alteration of a building:
Floor area of building extension ———— (sq. metres)
Floor area of material alteration ———— (sq. metres)
9. Amount of Fee (accompanying this application) \
This Application Form must be accompanied by a complete and certified
set of drawings for the works or building.
[351] 41
FORM OF APPLICATION FOR A REVISED DISABILITY ACCESS
CERTIFICATE
Building Control Acts 1990 and 2007
Application for a Revised Disability Access Certificate
OFFICIAL USE
Building Control Authority:
Date Received ——————
Register Ref. ———————
Entered on ————————
Entered by ————————
Fee Received ———————
Application is hereby made under Part IIIB of the Building Control Regulations
1997 to 2009 for a Revised Disability Access Certificate in respect of proposed
works or building to which the accompanying plans, calculations and specifications
apply.
Original Disability Access Certificate application Reference No.: ——————
Reason for Revised Disability Access Certificate application: ————————
———————————————————————————————————
Planning Permission Reference No.: ———————————————————
1. APPLICANT: Owner / Leaseholder (delete as appropriate)
FULL NAME: ———————————————————————————
ADDRESS: ————————————————————————————
——————————————————————————————————
SIGNATURE: ———————————————————————————
TELEPHONE No.: DATE:
Owner of works or building (if different to above):
NAME: ——————————————————————————————
ADDRESS: ————————————————————————————
——————————————————————————————————
Article 20E(2)
42 [351]
2. Name and address of person/s or firm/s to whom notifications should be
forwarded (Owner/Leaseholder or Designer/Developer/Builder):
———————————————————————————————————
———————————————————————————————————
3. Name and address of person/s or firm/s responsible for preparation of
accompanying plans, calculations and specifications:
———————————————————————————————————
———————————————————————————————————
———————————————————————————————————
4. Address (or other necessary identification) of the proposed works or building
to which the application relates:
———————————————————————————————————
———————————————————————————————————
5. Description of changes to the proposed works or building from original
application:
———————————————————————————————————
———————————————————————————————————
———————————————————————————————————
6. Site area Original Revised Application
Application
Number of basement storeys ————— ———————————
(sq. metres) (sq. metres)
Number of storeys above ————— ———————————
ground level
Height of top floor above ————— ———————————
ground level (metres) (metres)
[351] 43
Floor area of building ————— ———————————
(sq. metres) (sq. metres)
Total area of ground floor ————— ———————————
(sq. metres) (sq. metres)
7. Amount of Fee (accompanying this application) \
Revised set of working drawings must accompany this application.”.
“Article 20B(6)
44 [351]
Amendment of the Fourth Schedule to the Principal Regulations.
23. The following is inserted in the Fourth Schedule to the Principal Regulations
after the form set out therein entitled Fire Safety Certificate:
FORM OF REVISED FIRE SAFETY CERTIFICATE
Building Control Acts 1990 and 2007
Revised Fire Safety Certificate
OFFICIAL USE
Building Control Authority:
Register Ref. ——————
——————————————
To. ——————————————————————————— (Applicant)
Address ———————————————————————————————
———————————————————————————————————
———————————————————————————————————
Application for a Revised Fire Safety Certificate (Ref. No. ) for:
*(1) ———————————————————————————————
*(2) ———————————————————————————————
*(3) ———————————————————————————————
hereby certify that the works or building to which the application relates, will,
if constructed in accordance with the plans, calculations, specifications and
particulars submitted, comply with the requirements of Part B of the Second
Schedule to the Building Regulations 1997 to 2008. In considering this application
no assessment has been made to whether the works or building will comply
with the other requirements of the Second Schedule to the Building Regulations
1997 to 2008. This certificate is granted subject to the following
conditions—
———————————————————————————————————
———————————————————————————————————
———————————————————————————————————
Dated this day of ——————————————— 20
Signed ————————————————————————————————
Senior Executive Officer / Town Clerk *(4)
[351] 45
Directions for completing this form:—
(1) Indicate nature of works or building to which the application applies.
(2) Indicate address of works or building.
(3) Indicate name of Building Control Authority.
(4) Delete words which do not apply.
Article 20C(7)
46 [351]
FORM OF REGULARISATION CERTIFICATE
Building Control Acts 1990 and 2007
Regularisation Certificate
OFFICIAL USE
Building Control Authority:
Register Ref. ——————
——————————————
To. ——————————————————————————— (Applicant)
Address ———————————————————————————————
———————————————————————————————————
———————————————————————————————————
Application for a Regularisation Certificate (Ref. No. ) for:
*(1) ———————————————————————————————
*(2) ———————————————————————————————
*(3) ———————————————————————————————
hereby certify that in its opinion, the works as constructed in accordance with plans,
documents and information submitted, comply with the requirements of Part B of
the Second Schedule to the Building Regulations 1997 to 2008. In considering the
application, no assessment has been made as to whether the works or building will
comply or is in compliance, as appropriate, with the other requirements of the
Second Schedule to the Building Regulations 1997 to 2008. This certificate is
granted subject to compliance with the following conditions: (if appropriate)
———————————————————————————————————
———————————————————————————————————
———————————————————————————————————
Dated this day of —————————————————— 20
Signed ————————————————————————————————
Senior Executive Officer / Town Clerk *(4)
Directions for completing this form:—
(1) Indicate nature of works or building to which the application applies.
(2) Indicate address of works or building.
(3) Indicate name of Building Control Authority.
(4) Delete words which do not apply.
[351] 47
FORM OF DISABILITY ACCESS CERTIFICATE
Building Control Acts 1990 and 2007
Disability Access Certificate
OFFICIAL USE
Building Control Authority:
Register Ref. ——————
——————————————
To. ——————————————————————————— (Applicant)
Address ———————————————————————————————
———————————————————————————————————
———————————————————————————————————
Application for a Disability Access Certificate (Ref. No. ) for:
*(1) ———————————————————————————————
*(2) ———————————————————————————————
*(3) ———————————————————————————————
hereby certify that the works or building to which the application relates, if constructed
in accordance with the plans, calculations, specifications and particulars
submitted, would comply with the requirements of Part M of the Second Schedule
to the Building Regulations 1997 to 2008. In considering this application no assessment
has been made as to whether the works or building would comply with the
other requirements of the Second Schedule to the Building Regulations 1997 to
2008. This certificate is granted subject to the following conditions –
———————————————————————————————————
———————————————————————————————————
———————————————————————————————————
Dated this day of —————————————————— 20
Signed ————————————————————————————————
Senior Executive Officer / Town Clerk *(4)
Directions for completing this form:—
(1) Indicate nature of works or building to which the application applies.
(2) Indicate address of works or building.
(3) Indicate name of Building Control Authority.
(4) Delete words which do not apply.
Article 20D(8)
Article 20E(5)
48 [351]
FORM OF REVISED DISABILITY ACCESS CERTIFICATE
Building Control Acts 1990 and 2007
Revised Disability Access Certificate
OFFICIAL USE
Building Control Authority:
Register Ref. ——————
——————————————
To———————————————————————————— (Applicant)
Address ———————————————————————————————
———————————————————————————————————
———————————————————————————————————
Application for a Revised Disability Access Certificate (Ref. No. ) for:
*(1) ———————————————————————————————
*(2) ———————————————————————————————
*(3) ———————————————————————————————
hereby certify that the works or building to which the application relates, if constructed
in accordance with the plans, calculations, specifications and particulars
submitted, would comply with the requirements of Part M of the Second Schedule
to the Building Regulations 1997 to 2008. In considering this application no assessment
has been made as to whether the works or building would comply with the
other requirements of the Second Schedule to the Building Regulations 1997 to
2008. This certificate is granted subject to the following conditions—
———————————————————————————————————
———————————————————————————————————
———————————————————————————————————
Dated this day of —————————————————— 20
Signed ————————————————————————————————
Senior Executive Officer / Town Clerk *(4)
Directions for completing this form:—
(1) Indicate nature of works or building to which the application applies.
(2) Indicate address of works or building.
(3) Indicate name of Building Control Authority.
(4) Delete words which do not apply.
”.
[351] 49
Amendment of the Fifth Schedule to the Principal Regulations.
24. The following is substituted for the Fifth Schedule to the Principal
Regulations:
“FIFTH SCHEDULE
Fees
Part A
Column 1 Column 2
Application for a relaxation or dispensation Dwelling \125
Other Buildings \250
Commencement Notice \30 or, where—
(a) the proposed works or the material change
of use (as the case may be) relate to more
than one building, and
(b) neither Part III, nor Part III of the
Building Control Regulations 1991 and
1994, apply to such works or buildings,
\30 in respect of each building.
Application for Fire Safety Certificate or a
revised Fire Safety Certificate in respect of
(a) work in connection with the construction \125, or \2.90 for each square metre of floor
or extension of a building area being provided, whichever is the greater.
(b) work in connection with—
(i) the material alteration of the interior of \125, or \2.90 for each square metre of
a building relevant floor area, whichever is the greater.
(ii) the material alteration of the external \125
surfaces of a building
(iii) a combination of (i) and (ii) above \125, or \2.90 for each square metre of
relevant floor area, whichever is the greater.
(c) a building in which a material change of \125, or \2.90 for each square metre of
use takes place relevant floor area, whichever is the greater.
(d) works or a building, where the building \65, or 80c for each square metre in excess of
concerned will be used as an agricultural 300 square metres of—
building
(i) gross floor area being provided,
or
(ii) relevant floor area
as the case may be, whichever is the greater.
Article 24
50 [351]
Column 1 Column 2
Submission of a 7 Day Notice in respect of
(a) work in connection with the construction \250, or \5.80 for each square metre of floor
or extension of a building area being provided, whichever is the greater.
(b) work in connection with—
(i) the material alteration of the interior \250, or \5.80 for each square metre of
of a building relevant floor area, whichever is the greater.
(ii) the material alteration of the external \250
surfaces of a building
(iii) a combination of (i) and (ii) above \250, or \5.80 for each square metre of
relevant floor area, whichever is the greater.
(c) a building in which a material change of \250, or \5.80 for each square metre of
use takes place relevant floor area, whichever is the greater.
(d) works or a building, where the building \130, or \1.60 for each square metre in excess
concerned will be used as an agricultural of 300 square metres of—
building
(i) gross floor area being provided,
or
(ii) relevant floor area
as the case may be, whichever is the greater.
Application for a Regularisation Certificate in
respect of
(a) work in connection with the construction \500, or \11.60 for each square metre of floor
or extension of a building area being provided, whichever is the greater.
(b) work in connection with—
(i) the material alteration of the interior of \500, or \11.60 for each square metre of
a building relevant floor area, whichever is the greater.
(ii) the material alteration of the external \500
surfaces of a building
(iii) a combination of (i) and (ii) above \500, or \11.60 for each square metre of
relevant floor area, whichever is the greater.
(c) a building in which a material change of \500, or \11.60 for each square metre of
use takes place relevant floor area, whichever is the greater.
(d) works or a building, where the building \260, or \3.20 for each square metre in excess
concerned will be used as an agricultural of 300 square metres of—
building
(i) gross floor area being provided,
or
(ii) relevant floor area
as the case may be, whichever is the greater.
Disability Access Certificate or Revised \800 per building
Disability Access Certificate
[351] 51
Column 1 Column 2
Appeal \250
Copy of a document specified in article \12.50
23(3)(a), (b) or (c)
PART B
Maximum and Minimum Fees
1. The maximum fee payable to a building control authority shall be—
(a) \3,800 in respect of the submission of a commencement notice,
(b) \12,500 in respect of an application for a fire safety certificate or a
revised fire safety certificate,
(c) \25,000 in respect of the submission of a 7 day notice,
(d) \50,000 in respect of an application for a regularisation certificate, and
(e) \800 in respect of an application for a disability access certificate or a
revised disability access certificate.
2. Where a building control authority makes a refund in respect of the submission
of a commencement notice or an application for a fire safety certificate
or a revised fire safety certificate, the submission of a 7 day notice, a regularisation
certificate, a disability access certificate or a revised disability access certificate,
the refund shall not be such as to reduce the balance of the fee to
less than-
(a) \30 in the case of a commencement notice, or
(b) \125 in respect of an application for a fire safety certificate or revised
fire safety certificate,
(c) \250 in respect of the submission of a 7 day notice,
(d) \500 in respect of a regularisation certificate,
(e) \800 in respect of a disability access certificate or a revised disability
access certificate.”.
52 [351]
GIVEN under the Official Seal of the Minister for the Environment,
Heritage and Local Government,
this 4th day of September 2009
JOHN GORMLEY, T.D.,
Minister for the Environment, Heritage and
Local Government.
[351] 53
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal
interpretation.)
The Building Control (Amendment) Regulations prescribe the giving of a 7
day notice in respect of commencement of certain building works; the statutory
declaration for such notice; the need to obtain a regularisation certificate (with
statutory declaration), a revised fire safety certificate or a disability access
certificate/revised disability access certificate in respect of certain works and the
fees for such applications.
The Regulations amend certain provisions of the Building Control Regulations,
1997.