Declan Noonan & Associates

STATUTORY INSTRUMENTS.
S.I. No. 496 of 1997.
——————
BUILDING CONTROL REGULATIONS, 1997.
(Pn. 4752)
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S.I. No. 496 of 1997.
BUILDING CONTROL REGULATIONS, 1997.
PART I
Preliminary and General
Article
1. Citation.
2. Commencement.
3. Application.
4. Revocation.
5. Interpretation.
6. Exemptions.
PART II
Commencement Notices
7. Application of Part II.
8. Obligation to give notice.
9. Form of notice.
10. Procedure on receipt of notice.
PART III
Fire Safety Certificates
11. Application of Part III.
12. Obligation to obtain a certificate.
13. Form of application.
14. Procedure on receipt of application.
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15. Consideration of application.
16. Revised plans.
17. Decision on application.
18. Grant of certificate.
19. Refusal of certificate.
20. Right of appeal.
PART IV
The Register
21. Register.
PART V
Fees
22. Exemptions.
23. Requirement to pay fee.
24. Standard fee.
25. Fee for alternative proposals.
26. Refund of fee in case of certain repeat applications.
PART VI
Appeals
27. Provisions as to making of appeal.
28. Time for appeal etc.
29. Observations on appeal.
30. Documents, information etc. in relation to appeal.
31. Power of Board to request submissions or observations.
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32. Power of Board to require submission of documents etc.
33. Power of the Board where notice served under article 31
or 32.
34. Convening of meetings.
35. Time for determination of appeal.
36. Powers of the Board to declare appeal withdrawn.
37. Board may dismiss appeal if vexatious.
38. Inspections and reports.
39. Matters to be considered when determining an appeal.
40. Determination of appeal.
41. Notification by Board of decision on appeal.
42. Issue of fire safety certificate.
FIRST SCHEDULE
Regulations Revoked
SECOND SCHEDULE
Form of Commencement Notice
THIRD SCHEDULE
Form of Application for a Fire Safety Certificate
FOURTH SCHEDULE
Form of Fire Safety Certificate
FIFTH SCHEDULE
Fees
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S.I. No. 496 of 1997
BUILDING CONTROL REGULATIONS, 1997
The Minister for the Environment and Local Government,
in exercise of the powers conferred on him by sections 4, 6,
7 and 18 of the Building Control Act, 1990 (No. 3 of 1990),
hereby makes the following Regulations:—
PART 1
Preliminary and General
1. These Regulations may be cited as the Building Control
Regulations, 1997.
2. These Regulations shall come into operation on the 1st
day of July, 1998.
3. (1) Part II, subject to the provisions of that Part,
applies to works, or a building as regards which a material
change of use takes place, where the works commence or
the material change of use takes place on or after the date
referred to in article 2.
(2) Part III, subject to the provisions of that Part, applies
to works, or a building as regards which a material change
of use takes place, where—
(a) the works commence or the material change of use
takes place on or after the date referred to in
article 2, and
(b) Part III of the Building Control Regulations, 1991
and 1994, does not apply in relation to the works
or building.
(3) Part IV applies in relation to—
(i) notices given to, applications made to,
decisions made by, and enforcement notices
served by, a building control authority,
Notice of the making of this Statutory Instrument was
published in ‘‘Iris Oifigiu´ il’’ of 27th January, 1998.
Citation.
Commencement.
Application.
Revocation.
Interpretation.
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(ii) determinations made by An Bord Pleana´ la,
and
(iii) decisions made by a District Court,
as appropriate, on or after the date referred to in article 2.
(4) Part V, subject to the provisions of that Part, applies
to —
(a) applications or notices,
(b) appeals, or
(c) copies of documents referred to in article 23(3),
which are made, given or requested, as the case may be, on
or after the date referred to in article 2.
4. (1) The regulations specified in the First Schedule are
hereby revoked.
(2) Notwithstanding sub-article (1), Part III of the Building
Control Regulations, 1991 and 1994, shall, subject to the
provisions of those regulations, continue to apply in relation
to works, or a building as regards which a material change
of use takes place, where—
(a) an application for a fire safety certificate in respect
of the works or the building under those regulations
is made before the date referred to in
article 2, and
(b) the application is granted, and
(c) the works commence or the material change of use
takes place between the date referred to in
article 2 and the 31st day of December, 2002.
5. (1) In these Regulations, any reference to a Schedule,
Part or article which is not otherwise identified is a reference
to a Schedule, Part or article of these Regulations.
(2) In these Regulations, any reference to a sub-article or
paragraph which is not otherwise identified is a reference to
the sub-article or paragraph of the provision in which the
reference occurs.
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(3) In these Regulations, a reference to any enactment
shall be construed as a reference to that enactment as
amended or adapted by any subsequent enactment.
(4) In these Regulations, save where the context otherwise
requires—
‘‘the Act’’ means the Building Control Act, 1990 (No. 3 of
1990);
‘‘agriculture’’ includes horticulture, fruit growing, seed growing,
dairy farming, the breeding and keeping of livestock
(including any creature kept for the production of food,
wool, skins or fur, or for the purpose of its use in the farming
of land), the use of land as grazing land, meadow land, osier
land, market gardens and nursery grounds, the use of land
for turbary, and the use of land for woodlands where that
use is ancillary to the farming of land for other agricultural
purposes;
‘‘appeal’’ means an appeal to the Board under section
7(1)(a) or 7(1)(b) of the Act;
‘‘application’’ means—
(a) an application under section 4 of the Act for a dispensation
from, or a relaxation of, a requirement
of Building Regulations, or
(b) an application for a fire safety certificate;
‘‘the Board’’ means An Bord Pleana´ la;
‘‘building control authority’’ means a building control authority
as defined in section 2 of the Act;
‘‘Building Control Regulations, 1991 and 1994’’ means the
Building Control Regulations, 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;
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‘‘day centre’’ means a building used for the provision of
treatment or care to persons where such persons do not stay
overnight and includes a day care centre, a pre-school, a creche,
and a day nursery;
‘‘dispensation or relaxation’’ means a dispensation or a
relaxation, under section 4 of the Act, from or of, as the case
may be, any requirement of regulations made under section
3 of the Act;
‘‘domestic garage’’ means a building ancillary to a dwelling
which is used, or suitable for use, for the storage of a motor
vehicle or vehicles and is not used for the purposes of any
trade or business;
‘‘drainage system’’, in relation to a building, means the system
of pipes and drains used for the drainage of the building,
including all other fittings, appliances and equipment so used
but excluding subsoil water drains;
‘‘an enforcement notice’’ means a notice served under
section 8 of the Act;
‘‘fire safety certificate’’ means a certificate referred to in
section 6(2)(a)(ii) of the Act;
‘‘flat’’ means separate and self-contained premises constructed
or adapted for residential use and forming part of a
building from some other part of which it is divided horizontally;
‘‘guest building’’ means a building (other than a hotel or
hostel) providing overnight guest accommodation for
reward, and includes a guesthouse;
‘‘industrial building’’ includes a factory or other premises
used for manufacturing, altering, repairing, cleaning, washing,
breaking-up, adapting or processing any article, generating
power or slaughtering livestock;
‘‘institutional building’’ includes a hospital, nursing home,
home for old people or for children, school or other similar
establishment used as living accommodation or for the treatment,
care or maintenance of persons suffering from illness
or mental or physical disability or handicap, where such persons
sleep on the premises;
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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,
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(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,
(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;
‘‘repair or renewal’’ means works of maintenance or restoration
of a routine nature relating to—
(a) the keeping of a building in good condition or working
order, or
(b) the return of the fabric of a building to its original
condition;
‘‘shop’’ includes a building used for retail or wholesale trade
or business including retail sales by auction, self-selection
and over-the-counter wholesale trading, the business of 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;
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‘‘State authority’’ means any authority being—
(a) a Minister of the Government, or
(b) the Commissioners of Public Works in Ireland;
‘‘works’’ includes any act or operation in connection with
the construction, extension, alteration, repair or renewal of
a building
(5) In these Regulations, a reference to the carrying out
of works on behalf of a State authority shall, where the authority
is a Minister of the Government, be construed as
including a reference to the carrying out of works by the
Commissioners of Public Works in Ireland on his behalf.
(6) Where a requirement of or under these Regulations
requires submissions or observations to be made, or plans,
documents, particulars or other information to be submitted
to the Board within a specified period and the last day of
that period is a Saturday, a Sunday, a public holiday (within
the meaning of the Holidays (Employees) Act, 1973) or any
other day on which the offices of the Board are closed, the
submissions or observations, or plans, documents, particulars
or other information (as the case may be) shall be regarded
as having been received before the expiration of that period
if received by the Board on the next following day on which
the offices of the Board are open.
6. For the purposes of these Regulations, works or a
building as regards which a material change of use takes
place in respect of the following, are exempted from the
Regulations—
(a) works by a building control authority in its functional
area,
(b) works in connection with—
(i) a Garda station or other building used for the
purposes of or in connection with the operations
of An Garda Siochana,
(ii) a courthouse,
(iii) a barrack or other building used for the purposes
of or in connection with the operations
of the Defence forces,
Exemptions.
Application of
Part II.
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(iv) an office or other building used for the purposes
of or in connection with the business
of Uachtaran na E´ ireann, Dail E´ ireann,
Seanad E´ ireann, the Department of the
Taoiseach, the Office of the Ta´ naiste, the
Department of Defence, the Department of
Foreign Affairs, the Department of Justice,
Equality and Law Reform, the Office of the
Attorney General, the Chief State Solicitor’s
Office and the Office of the Director of Public
Prosecutions,
provided that after the works the building is or
continues to be a building referred to in subparagraphs
(i) to (iv).
(c) works, or a building as regards which a material
change of use takes place, where the works are
carried out or the material change of use is made,
for reasons of national security—
(i) within, or bounding, the curtilage of any
building (other than a building referred to in
paragraph (b)), premises or other installation
occupied by, or under the control of,
a State authority,
(ii) by or on behalf of a State authority, within,
or bounding, the curtilage of the residence
of a holder, or former holder, of a public
office or any other public servant or former
public servant.
(d) a building referred to in paragraphs (a) or (b).
PART II
Commencement Notices
7. (1) Subject to sub-article (2) and articles 3 and 6, this
Part applies to—
(a) the erection of a building,
(b) the material alteration or extension of a building,
and
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(c) a material change of use of a building,
to which the Building Regulations apply.
(2) (a) Subject to paragraph (b), this Part shall not apply
to works or a building as regards which a
material change of use takes place, where—
(i) the works are or the material change of use
is exempted development for the purposes
of the Local Government (Planning and
Development) Acts, 1963 to 1993), and
(ii) Part III, or Part III of the Building Control
Regulations, 1991 and 1994, do not apply to
the works or building.
(b) This Part applies to works in connection with the
material alteration (excluding a material alteration
consisting solely of minor works) of a shop,
office or industrial building to which Part III, or
Part III of the Building Control Regulations,
1991 and 1994, do not apply.
8. A person who intends to carry out any works, or to
make a material change of use as regards a building to which
this Part applies, shall give, to the building control authority
in whose functional area the works or building are, is or will
be situated, notice in writing of such intention (in these
Regulations referred to as a ‘‘commencement notice’’) not
less than fourteen days and not more than twenty-eight days
before the commencement of the works or the making of
the material change of use.
9. A commencement notice shall be—
(a) in the form set out in the Second Schedule, and
(b) be accompanied by such fee (if any) as may from
time to time be prescribed for that purpose in
Part V.
10. (1) On receipt of a commencement notice, a building
control authority shall—
(a) stamp the notice with the date of receipt, and
Obligation to give
notice.
Form of notice.
Procedure on
receipt of notice.
Application of
Part III.
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(b) consider whether the notice complies with the
requirements of article 9.
(2) Where a building control authority consider that a
commencement notice complies with the requirements of
article 9, they shall send to the person giving the notice an
acknowledgement stating the date of receipt of the notice.
(3) Where a building control authority consider that a
commencement notice does not comply with article 9, they
may within seven days of receipt of the notice, as they consider
appropriate having regard to the extent of the failure
to comply with the said article, by notice in writing—
(a) inform the person giving the commencement notice
that it is invalid and cannot be accepted by the
authority, or
(b) require the person giving the notice to submit such
revised notice, or such additional fee, as may be
necessary to comply with the said article.
(4) Where a building control authority serve a notice in
accordance with sub-article 3(a), they shall return to the person
giving the notice, the notice and the fee which
accompanied the notice.
PART III
Fire Safety Certificates
11. (1) Subject to sub-article (2) and articles 3 and 6, this
Part applies to—
(a) works in connection with the design and construction
of a new building,
(b) works in connection with the material alteration
of—
(i) a day centre,
(ii) a building containing a flat,
(iii) a hotel, hostel or guest building, or
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(iv) an institutional building, or
(v) a place of assembly, or
(vi) a shopping centre,
but excluding works to such buildings, consisting
solely of minor works,
(c) works in connection with the material alteration of
a shop, office or industrial building where —
(i) additional floor area is being provided within
the existing building, or
(ii) the building is being subdivided into a number
of units for separate occupancy,
(d) works in connection with the extension of a building
by more than 25 square metres,
(e) a building as regards which a material change of use
takes place,
to which the requirements of Part B of the Second Schedule
to the Building Regulations apply.
(2) For the purposes of this Part, the following buildings
are exempted—
(a) a single storey building which —
(i) is used exclusively for the storage of materials
or products, for the accommodation of plant
or machinery or in connection with the
housing, care or management of livestock,
(ii) is used solely for the purpose of agriculture,
and
(iii) is a building in which the only persons habitually
employed are engaged solely in the care,
supervision, regulation, maintenance, storage
or removal of the materials, products,
plant, machinery or livestock in the building,
Obligation to
obtain a
certificate.
Form of
application.
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and which is either attached to another such
building or detached from any other building,
(b) a building used as a dwelling other than a flat,
(c) a single storey building used as a domestic garage,
(d) a single storey building (other than one described
in (c)) ancillary to a dwelling (such as a summer
house, poultry-house, aviary, conservatory, coal
shed, garden tool shed or bicycle shed) which is
used exclusively for recreational or storage purposes
or the keeping of plants, birds or animals
for domestic purposes and is not used for the
purposes of any trade or business or for human
habitation,
or to works in connection with such a building provided that,
after the works are carried out, the building is or continues
to be a building referred to in paragraphs (a) to (d).
(3) This Part shall not apply in relation to works carried
out in compliance with a notice served under Section 20 of
the Fire Services Act 1981 (No. 30 of 1981).
12. (1) A fire safety certificate shall be required in respect
of all works or buildings to which this Part applies.
(2) Where a fire safety certificate is required in respect of
works or a building, a person shall not carry out such works
or make a material change of use as regards such a
building—
(a) in the absence of a fire safety certificate in respect
of the works or building, or
(b) in contravention of any conditions subject to which
the certificate is granted.
13. (1) An application for a fire safety certificate shall be
in the form set out in the Third Schedule.
(2) An application for a fire safety certificate shall be
accompanied by—
(a) such plans (including a site or layout plan and drawings
of floor plans, elevations and sections) (in
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duplicate), calculations, specifications and such
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 requirements
of Part B of the Second Schedule to the
Building Regulations,
(b) particulars of the nature and extent of the proposed
use and, where appropriate, of the existing use,
of the building concerned, and
(c) such fee (if any) as may from time to time be prescribed
for that purpose in Part V.
14. (1) On receipt of an application for a fire safety certificate,
a building control authority shall—
(a) stamp the documents with the date of receipt, and
(b) consider whether the application complies with the
requirements of article 13.
(2) Where a building control authority consider that an
application for a Fire Safety Certificate complies with the
requirements of article 13, they shall send to the applicant
an acknowledgement stating the date of receipt of the
application.
(3) Where a building control authority consider that an
application for a fire safety certificate does not comply with
article 13, they may, as they consider appropriate having
regard to the extent of the failure to comply with the said
article, by notice in writing—
(a) inform the applicant that the application is invalid
and cannot be considered by the authority, or
(b) require the applicant to furnish such further plans,
calculations, specifications or particulars, or such
Procedure on
receipt of
application.
Consideration of
application.
Revised plans.
Decision on
application.
Grant of
certificate.
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additional fee, as may be necessary to comply
with the said article.
(4) Where a building control authority serve a notice in
accordance with sub-article 3(a), they shall return to the
applicant all the documents and the fee which accompanied
the application.
15. Where an application is made to a building control
authority for a fire safety certificate, the authority, in considering
such application, shall—
(a) be restricted to considering only the extent to which
the design of the building or works complies 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.
16. Where a building control authority, having considered
an application for a fire safety 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
for such modification and may decide to grant a fire
safety certificate in respect of such revised plans, specifications
or particulars so submitted.
17. (1) A building control authority shall, having considered
an application for a fire safety certificate, grant the
certificate, with or without conditions, or refuse to grant the
certificate, as the case may be.
(2) A fire safety 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 B of the Second Schedule to the Building
Regulations.
18. Where a building control authority decide to grant a
fire safety certificate with or without conditions, the form set
out in the Fourth Schedule or a form substantially to the like
effect, shall be the form of every such certificate and where
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the fire safety certificate is granted subject to conditions,
they shall inform the applicant in writing of the reasons
therefor.
19. Where a building control authority decide to refuse to
grant a fire safety certificate, they shall notify the applicant
in writing of their decision and the reasons therefor.
20. Where a building control authority grant a fire safety
certificate with conditions, or refuse to grant a 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.
PART IV
The Register
21. (1) A building control authority shall keep a register
and shall enter in the register particulars of—
(a) any valid application for a dispensation or relaxation,
including the name and address of the
applicant, the date of receipt of the application,
and brief details of the works or building forming
the subject of the application,
(b) any valid commencement notice given to them
under Part II, including the name and address of
the owner of the building, the date of receipt of
the notice, the person or persons carrying out the
works, and brief particulars of the works or
building forming the subject of the notice,
(c) any valid application for a fire safety certificate
made to them under Part III, including the name
and address of the applicant, the date of receipt
of the application, and brief particulars of the
works or building forming the subject of the
application,
(d) their decision in respect of any application referred
to in (c) and the date of the decision,
(e) any determination or direction by the Board in
respect of an appeal relating to a decision
Refusal of
certificate.
Right of appeal.
Register.
Exemptions.
20 [496]
referred to in (c) and the date of the determination
or direction,
(f) any enforcement notices served by them, including
the name and address of the person on whom the
notice was served, the date of the notice and
brief particulars of the contents of the notice, and
(g) the date and effect of any decision by the District
Court in respect of a notice referred to in (f),
including the date and effect of the decision.
(2) The register shall be kept at the offices of the building
control authority and shall be available for inspection during
office hours.
PART V
Fees
22. (1) Subject to sub-article (2), a fee shall not be payable
to a building control authority under these Regulations
where the authority is of the opinion that the works or the
building which are or is the subject of the commencement
notice, application for a fire safety certificate or application
for a dispensation or relaxation, as the case may be, are
being carried out, or, in the case of a material change of use,
is being made, by or on behalf of a voluntary organisation
or a body standing approved of for the purposes of section
6 of the Housing (Miscellaneous Provisions) Act, 1992 (No.
18 of 1992).
(2) Subsection (1) applies where a building control authority
is of the opinion that—
(a) in the case of a voluntary organisation, the building
concerned is—
(i) intended to be used for social, recreational,
educational or religious purposes by inhabitants
of a locality generally or by people of
a particular group or religious denomination
and is not to be used mainly for profit or
gain,
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(ii) intended to be used as a hostel, work-shop or
other accommodation for disabled, poor or
homeless persons and is not to be used
mainly for profit or gain, or
(iii) is ancillary to (i) or (ii),
(b) in the case of a body standing approved of for the
purposes of section 6 of the Housing
(Miscellaneous Provisions) Act, 1992 (No. 18 of
1992), the building control authority is of the
opinion that the building concerned is—
(i) designed or intended to be used for the
accommodation of poor or homeless persons
or persons who would otherwise be likely to
require housing accommodation provided
by a housing authority, and is not to be used
mainly for profit or gain, or
(ii) is ancillary to (i).
23. (1) Subject to articles 3, 6 and 22, a fee shall be paid
to a building control authority by a person—
(a) giving a commencement notice,
(b) making an application for a fire safety certificate,
(c) making an application for a dispensation or a
relaxation.
(2) A fee shall be paid to the Board by a person making
an appeal against a decision of a building control authority
in relation to an application for—
(a) a fire safety certificate, or
(b) a dispensation or a relaxation.
(3) A fee shall be paid to a building control authority for
a copy of—
(a) an entry in the register,
(b) a fire safety certificate,
Requirement to
pay fee.
Standard fee.
Fee for
alternative
proposals.
22 [496]
(c) a document which indicates that a dispensation or a
relaxation has been granted.
24. (1) The amount of fee payable in respect of—
(a) the giving of a commencement notice,
(b) an application for a fire safety certificate,
(c) an application for a dispensation or a relaxation,
shall, subject to Part B of the Fifth Schedule, be the amount
indicated in column 2 of Part A of that Schedule opposite
the mention of the relevant application or notice in column
1 of Part A of that Schedule.
(2) The amount of fee payable in respect of an appeal
shall be the amount indicated in column 2 of Part A of the
Fifth Schedule opposite the mention of such appeal in column
1 of Part A of that Schedule.
(3) The amount of fee payable for a copy of a document
specified in article 23(3) shall be the amount indicated in
column 2 of Part A of the Fifth Schedule opposite the mention
of such a copy in column 1 of Part A of that Schedule.
25. (1) For the purposes of this article and the Fifth
Schedule,—
(a) ‘‘relevant floor area’’ means the floor area of the
works or the building to which the application
relates which is affected by the works or the
material change of use, as the case may be;
‘‘floor area’’ means the sum of the areas on each
floor bounded by the inner finished surfaces of
the enclosing walls, or, on any side where there
is no enclosing wall, by the outermost edge of the
floor on that side, and, in calculating the floor
area of a building, there shall be included in such
area the space occupied by any walls, shafts,
ducts or structure within the area being
measured.
(b) in determining the fee payable in respect of a commencement
notice, a house in a terrace and a
[496] 23
semi-detached house are each to be treated as
being a separate building.
(2) Where the floor area or the relevant floor area
referred to in sub-article (1) is not an exact multiple of that
unit, the fraction of a unit remaining after the division of the
total area by the unit measurement shall be treated, for the
purposes of calculating the fee payable in respect of the
application, as a complete unit.
(3) Where an application for a fire safety certificate
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 for a fire safety certificate.
26. (1) Subject to sub-articles (3) and (4), where a commencement
notice is given to a building control authority
and a subsequent commencement notice is submitted by or
on behalf of the same person, the authority shall, subject to
the provisions of Part B of the Fifth Schedule, refund three
quarters of the fee paid to it in respect of the subsequent
commencement notice.
(2) Subject to sub-articles (3) and (4), where—
(a) a decision has been made by a building control
authority on an application for a fire safety certificate,
or
(b) an appeal against a decision of a building control
authority on an application for a fire safety certificate
has been determined by the Board,
and a subsequent such application is made by or on behalf
of the same applicant, the building control authority shall,
subject to the provisions of Part B of the Fifth Schedule,
refund three quarters of the fee paid to it in respect of the
subsequent application.
(3) Sub-articles (1) or (2) shall apply if the building control
authority is of the opinion that—
(a) the works forming the subject of the first commencement
notice or application for a fire safety
certificate and the subsequent such notice or
Refund of fee in
case of certain
repeat
applications.
24 [496]
application, as the case may be, are
substantially—
(i) of the same design and construction, and
(ii) on land consisting of the same site or part of
the site, and
(b) a fee under these Regulations or Building Control
Act (Fees) Regulations, 1992 (as amended), in
respect of the first commencement notice or
application for a fire safety certificate, as the case
may be, has been paid, and
(c) the period between the giving or making, as the case
may be, of the first commencement notice or
application for a fire safety certificate, and the
subsequent such notice or application, as the case
may be, does not exceed twelve months, and
(d) in the case of sub-article (1), no previous refund
under these Regulations has at any time been
made to the person giving the commencement
notice, in respect of a commencement notice
which related substantially to the same land and
to works or a building of the same character or
description as those to which the subsequent
notice relates, and
(e) in the case of sub-article (2), no previous refund
under these Regulations or the Building Control
Act (Fees) Regulations, 1992 (as amended), has
at any time been made to the same applicant in
respect of an application for a fire safety certificate
which related substantially to the same land
and to works or a building of the same character
or description as those to which the subsequent
application relates.
(4) A refund under this article shall be made on a claim
in that behalf made in writing to the building control authority
and received by it within (but not after) the period of
two months beginning on the day of giving or making of the
subsequent commencement notice or application for a fire
safety certificate (as the case may be).
[496] 25
PART VI
Appeals
27. (1) An appeal shall—
(a) be made in writing,
(b) state the name and address of the appellant,
(c) state the subject matter of the appeal,
(d) state in full the grounds of appeal and the reasons,
considerations and arguments on which they are
based, and
(e) be accompanied by such fee (if any) as may be payable
in respect of such appeal in accordance Part
V.
(2) An appeal which does not comply with the requirements
of sub-article (1) shall be invalid.
(3) Without prejudice to article 31, an appellant shall not
be entitled to elaborate upon, or make further submissions
in relation to, the grounds of appeal stated in the appeal or
to submit further grounds of appeal and any such elaboration,
submissions or further grounds of appeal that is or are
received by the Board shall not be considered by it.
(4) (a) An appeal shall be accompanied by such documents,
particulars or other information relating
to the appeal as the appellant considers necessary
or appropriate.
(b) Without prejudice to article 32, the Board shall
not consider any documents, particulars or other
information submitted by an appellant other than
the documents, particulars or other information
which accompanied the appeal.
(5) An appeal shall be made by—
(a) sending the appeal by registered prepaid post to the
Board, or
Provisions as to
making of appeal.
Time for appeal
etc.
Observations on
appeal.
Documents,
information, etc.
in relation to
appeal.
26 [496]
(b) leaving the appeal with an employee of the Board
at the offices of the Board during office hours.
28. (1) An appeal may be made within a period of one
month beginning on the day of the decision of the building
control authority on an application.
(2) An appeal received by the Board after the expiration
of the period mentioned in sub-article (1) shall be invalid.
(3) Where the last day of the period specified in subarticle
(1) is a Saturday, a Sunday, a public holiday (within
the meaning of the Holidays (Employees) Act, 1973) or any
other day on which the offices of the Board are closed, an
appeal shall, notwithstanding sub-article (2), be valid as having
been made in time if received by the Board on the next
following day on which the offices of the Board are open.
29. (1) On receipt of an appeal the Board shall send a
copy thereof to the building control authority against whose
decision the appeal is made.
(2) A building control authority to whom a copy of an
appeal has been sent under sub-article (1) may, within a period
of one month beginning on the day on which a copy of
the appeal is sent to it by the Board, make in writing to the
Board such submissions or observations on the appeal as the
authority thinks fit.
(3) Without prejudice to article 31, a building control
authority shall not be entitled to elaborate upon any submissions
or observations made in accordance with sub-article
(2), or make further submissions or observations in relation
to, the appeal and any such elaboration or submission that
is or are received by the Board shall not be considered by
it.
30. (1) Where an appeal is made to the Board the building
control authority concerned shall, within a period of
fourteen days beginning on the day on which a copy of the
appeal is sent to it by the Board, submit to the Board—
(a) a copy of the application concerned and any plans,
documents, particulars, evidence or further information
received or obtained by it from the
applicant,
[496] 27
(b) a copy of any report prepared by or for the building
control authority in relation to the applicant,
(c) a copy of the decision of the building control authority
on the application and a copy of the notification
of the decision given to the applicant, and
(d) in the case of an appeal under section 7(1)(b) of the
Act, a copy of the grant of any dispensation or
relaxation of a requirement of Part B of the
Second Schedule to the Building Regulations
given under section 4 of the Act in respect of the
building or works to which the appeal relates.
31. Where the Board is of opinion that, in the particular
circumstances of an appeal, it is appropriate in the interests
of justice to request any party who has made submissions or
observations in relation to any matter which has arisen in
relation to the appeal, the Board may, in its discretion, notwithstanding
article 27(3) or 29(3), serve on any such party
a notice under this article—
(a) requesting that party, within a period specified in
the notice (not being less than fourteen or more
than twenty eight days beginning on the date of
service of the notice) to submit to the Board submissions
or observations in relation to the matter
in question, and
(b) stating that, if submissions or observations are not
received before the expiration of the period
specified in the notice, the Board will, after the
expiration of that period and without further
notice to the party, pursuant to article 33 determine
the appeal.
32. Where the Board is of opinion that any plan, document,
particulars or other information is or are necessary for
the purpose of enabling it to determine an appeal, the Board
may serve on any party a notice under this section—
(a) requiring that party, within a period specified in the
notice (being a period of not less than fourteen
days beginning on the date of service of the
notice) to submit to the Board such plan, document,
particulars or other information (which
Power of Board
to request
submissions or
observations.
Power of Board
to require
submission of
documents etc.
Power of the
Board where
notice served
under article 31
or 32.
Convening of
meetings.
Time for
determination of
appeal.
Powers of the
Board to declare
appeal
withdrawn.
28 [496]
plan, document, particulars or other information
shall be specified in the notice), and
(b) stating that in default of compliance with the
requirements of the notice, the Board will, after
the expiration of the period so specified and
without further notice to the party, pursuant to
article 33 dismiss or otherwise determine the
appeal.
33. Where a notice has been served under article 31 or 32,
the Board, at any time after the expiration of the period
specified in the notice, may, having considered any submissions
or observations or plan, document, particulars or
other information (as the case may be) submitted by the
party on whom the notice has been served, without further
notice to that party determine or, in the case of a notice
served under article 32, dismiss the appeal.
34. Where it appears to the Board expedient or convenient
for the purposes of assisting the determination of an
appeal the Board may, in its absolute discretion, convene a
meeting of the parties.
35. (1) It shall be the objective of the Board to ensure
that every appeal is determined within four months beginning
on the date of receipt by the Board of the appeal.
(2) Where it appears to the Board that it would not be
possible or appropriate, because of the particular circumstances
of an appeal, to determine the appeal within the period
referred to in sub-article (1) the Board shall, by notice
in writing served on the parties, inform those parties of the
reasons why it would not be possible or appropriate, as the
case may be, to determine the appeal within that period and
shall specify the date before which the Board intends to
determine the appeal.
(3) Where a notice has been served under sub-article (2),
the Board shall take all such steps as are open to it to determine
the appeal before the date specified in the notice.
36. (1) Where the Board is of opinion that an appeal has
been abandoned, the Board may serve on the appellant a
notice stating that fact and requiring that person, within a
period specified in the notice (being a period of not less than
fourteen or more than twenty eight days beginning on the
[496] 29
date of service of the notice) to make to the Board a submission
in writing as to why the appeal should not be
regarded as having been withdrawn.
(2) Where a notice has been served under sub-article (1)
the Board may, at any time after the expiration of the period
specified in the notice and after considering the submission
(if any) made to the Board pursuant to the notice, declare
that the appeal shall be regarded as having been withdrawn.
37. The Board shall in the following circumstances have
an absolute discretion to dismiss an appeal—
(a) where, having considered the grounds of appeal, the
Board is of opinion that the appeal is vexatious,
frivolous or without substance or foundation, or
(b) where, having regard to—
(i) the nature of the appeal (including any question
which in the Board’s opinion is raised
by the appeal), and
(ii) any previous decision of a building control
authority or the Board which in its opinion
is relevant,
the Board is satisfied that in the particular circumstances
the appeal should not be further considered
by it.
38. (1) The Board may arrange for the carrying out of
inspections in relation to appeals by persons authorised for
that purpose by the Board either generally or for a particular
appeal.
(2) Where in relation to an appeal an inspection is carried
out on behalf of the Board, by a person authorised for that
purpose by the Board, the person so authorised shall make
to the Board a written report on the inspection and shall
include in his report a recommendation relating to the matter
with which the inspection was concerned, and the Board
shall, before determining the appeal in relation to which the
inspection was carried out, consider the report, including any
recommendation contained therein.
Board may
dismiss appeal if
vexatious etc.
Inspections and
reports.
Matters to be
considered when
determining an
appeal.
Determination of
appeal.
Notification by
Board of decision
on appeal.
30 [496]
39. When an appeal is made to the Board under section
7(1)(b) of the Act, the Board in considering such appeal
shall—
(a) be restricted to considering the extent to which the
design of the building complies with the requirements
of Part B of the Second Schedule to the
Building Regulations, and
(b) have due regard to any dispensation from, or relaxation
of, a requirement of Building Regulations
granted under section 4 or 5 of the Act in respect
of, or which is relevant to, such building.
40. (1) Save as is provided in sub-article (2), where an
appeal is brought to the Board it shall determine the appeal
as if the application to the building control authority to
which the appeal relates had been made to the Board in the
first instance and the decision of the Board shall operate to
annul the decision of the building control authority from the
date of such decision.
(2) Where—
(a) an appeal relates only to a condition or conditions
attached to a decision of a building control authority,
and
(b) the Board is satisfied, having regard to the nature
of the condition or conditions, that the determination
by the Board of the relevant application
as if it had been made to it in the first instance
would not be warranted,
the Board may, in its absolute discretion, give to the relevant
building control authority such directions as it considers
appropriate relating to the attachment, amendment or
removal by that authority either of the condition or conditions
to which the appeal relates or of other conditions.
41. (1) The Board shall notify each party to an appeal of
its decision on the appeal.
(2) Every notification given by the Board of a decision on
an appeal shall specify—
[496] 31
(a) where appropriate, the reference number relating
to the relevant application in the register of the
building control authority,
(b) the nature of the decision,
(c) the building or works to which the decision relates,
and
(d) the date of the decision.
42. Where a building control authority is notified by the
Board of its decision to allow an appeal under section
7(1)(b) of the Act, the authority shall, as soon as may be,
issue a fire safety certificate to the appellant in accordance
with the decision of the Board.
FIRST SCHEDULE
Regulations Revoked
Number Title
S.I. No. 305 of 1991 Building Control Regulations, 1991
S.I. No. 153 of 1994 Building Control (Amendment) Regulations,
1994
S.I. No. 111 of 1992 Building Control Act, 1990 (Appeals)
Regulations, 1992
S.I. No. 112 of 1992 Building Control Act, 1990 (Fees) Regulations,
1992
S.I. No. 182 of 1992 Building Control Act, 1990, (Fees)
(Amendment) Regulations, 1992.
Issue of fire
safety certificate.
Article 4
Article 9
32 [496]
SECOND SCHEDULE
Form of a Commencement Notice
COMMENCEMENT NOTICE
(Notice to a Building Control Authority pursuant to Part II of the
Building Control Regulations, 1997)
NOTICE TO THE BUILDING OFFICE USE ONLY
CONTROL AUTHORITY:
Name of Authority: Date received
Address: Register Ref:
Entered on:
Entered by:
Fee Received:
I, the undersigned, hereby give notice/give notice on behalf* of the
person(s) named below, to the above Building Control Authority (in
accordance with Part II of the Building Control Regulations) that I/the
persons named* below intend to carry out the project as described
below.
(*Cross out whichever is inappropriate)
Signature: Date:
Name of person(s):
Address:
Tel. No.: Fax No.
Commencement Date (of works/
material change of use):
Fee Payable (Amount):
PROJECT PARTICULARS
Description of proposed works/material change of use:
Building location/use/intended use:
[496] 33
Building Owner:
Name:
Address:
Tel. No.: Fax No.
Designer
Name:
Address:
Tel. No.: Fax No.
Builder
Name:
Address:
Tel. No.: Fax No.
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:
Address:
Tel. No.: Fax No.
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 the design, comply with the requirements of the Building
Regulations, may be obtained.
Names:
Address:
Tel. No.: Fax No.
Planning Permission No.: Fire Safety Cert. No.
(if applicable)
Article 13
34 [496]
THIRD SCHEDULE
Form of Application for a Fire Safety Certificate
BUILDING CONTROL ACT, 1990
APPLICATION FOR A FIRE SAFETY CERTIFICATE
To OFFICIAL USE
(Insert name of building control authority)
Received on:
Application is hereby made under
Part III of the Building Control Ref. No:
Regulations, 1997, for a fire safety
certificate in respect of the works Entered in
or building to which the register on:
accompanying plans, calculations
and specifications apply.
1. Address (or other necessary identification) of proposed works or
building to which the application relates.
2. Nature of proposed works or building
(a) classification (please tick as appropriate)—
• Construction of new building
• Material alterations
• Material change of use
• Extension to a building
(b) Brief description
3. Use of proposed works or building
(a) Existing (where a change is proposed)
(b) New
4. 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)
[496] 35
(b) works involving an extension or the material alteration of a
building—
Floor area of extension (sq. metres)
Floor area of material alteration (sq. metres)
5. Amount of Fee (accompanying this application) £
6. Name and address of person/s or firm/s responsible for preparation
of accompanying plans, calculations and specifications.
APPLICANT: FULL NAME
ADDRESS
SIGNATURE
TELEPHONE NO. DATE
Article 18
36 [496]
FOURTH SCHEDULE
Form of Fire Safety Certificate
BUILDING CONTROL ACT, 1990
FIRE SAFETY CERTIFICATE
Reference No. in Register
Name of Building Control Authority
To
Address
Application for a fire safety certificate (Ref No. ) for 1
at 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. In considering the application, no assessment has
been made as to whether the works or building will comply with the
other requirements of the Second Schedule to the Building Regulations,
1997. This certificate is granted subject to the following conditions—
Dated this day of 19
Signed
County Secretary/Town Clerk4
Directions for completing this form
1 Indicate nature of works or building to which application applies.
2 Indicate address of works or building.
3 Insert name of building control authority.
4 Delete words which do not apply.
[496] 37
FIFTH SCHEDULE
Fees
PART A
Column 1 Column 2
Amount of Fee
Application for a relaxation or Dwellings — £100
dispensation Other buildings — £200
Commencement Notice £25, 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 Acts, 1991
and 1994, apply to such works
or buildings,
£25 in respect of each building.
Application for a fire safety
certificate in respect of
(a) works in connection with £100, or £2.30 for each square metre
the construction or of floor area being provided,
extension of a building whichever is the greater
(b) works in connection with—
(i) the material alteration £100, or £2.30 for each square metre
of the interior of a of relevant floor area, whichever is the
building. greater
(ii) the material alteration £100
of the external
surfaces of a building,
(iii) a combination of (i) £100, or £2.30 for each square metre
and (ii) above of relevant floor area, whichever is the
greater
(c) a building in which a £100, or £2.30 for each square metre
material change of use of relevant floor area, whichever is the
takes place greater
(d) works or a building, where £52, or £0.65 for each square metre in
the building concerned will excess of 300 square metres of—
be used as an agricultural (i) gross floor area building. being provided, or
(ii) relevant floor area,
as the case may be, whichever is the
greater.
Appeal £200
Copy of a document specified in £10
article 23(3)(a), (b) or (c)
Article 24
38 [496]
PART B
Maximum and minimum fees
1. The maximum fee payable to a building control
authority shall be—
(a) £3,000 in respect of the submission of a
commencement notice, and
(b) £10,000 in respect of an application for a fire
safety 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, the refund shall not
be such as to reduce the balance of the fee to less than—
(a) £25 in the case of a commencement notice, or
(b) £100 in the case of an application for a fire safety
certificate.
GIVEN under the Official Seal of the Minister
for the Environment and Local
Government this 12th day of December,
1997.
NOEL DEMPSEY,
Minister for the Environment and
Local Government.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport
to be a legal interpretation.)
The Building Control Regulations prescribe the giving of
notice of commencement of building works; the need to
obtain a fire safety certificate in respect of certain proposed
works; the payment of fees to the local building control authority;
the maintenance of a register of building control
records for individual buildings; and the procedure for
[496] 39
appeals to an Bord Pleana´ la against certain decisions of
building control authorities.
The Regulations consolidate and amend certain provisions
of the Building Control Regulations, 1991, Building Control
(Amendment) Regulations, 1994, the Building Control Act,
1990 (Fees) Regulations, 1992 (as amended) and the Building
Control Act, 1990 (Appeals) Regulations, 1992.
The Regulations will come into operation on the 1st day
of July, 1998.