Building Regulations

The legislative framework for the Building Control system is contained in the following Acts and Statutory Instruments:

Building Control (Amendments) Regulations 2014.

New Regulations Come into effect on the 1st March 2014.

Building Control Acts

Is the basis of building control and it allows for the establishment of Building Control Authorities. It empowers the Minister to make Building Control Regulations and Building Regulations, to prohibit the use of certain materials and to appoint a Building Regulation Advisory Body (BRAB).

Empowers a Building Control Authority to serve Enforcement Notices, to inspect works and buildings and to take legal action for non compliance with Building Regulations or Building Control Regulations. Under the Building Control Act 1990, applicants are permitted to lodge an appeal to an Bord Pleanála in relation to the decision of the Building Control Authority on applications for Fire Safety Certificates or for Dispensations from or Relaxations of the Building Regulations.

Established a statutory duty to design and construct buildings in accordance with Building Regulations.

The Building Control Act 1990

Amends the Buidling Control Act 1990 by introducing revised procedures for issue of Fire Safety Certificate by the Building Control Authority. It also introduces a Disability Access Certificate (DAC) to be issued by local Building Control Authorities for new Non-Domestic Buildings and Apartments. It widens the right of building control authorities to seek an Order from the High Court or the Circuit Court to stop work on certain buildings. It introduces the option for authorities to bring summary prosecutions for all building code offences in the District Court and it also increases the maximum penalties for breaches of the national Building Regulations.

A copy of the Building Control Act 1990 can be downloaded from this link Building Control Act 1990.pdf (size 146.4 KB)

The Building Control Act 2007

Provides for the following  strengthening of Enforcement Powers of Local Building Control Authorities

Amends the Buidling Control Act 1990 by introducing revised procedures for issue of Fire Safety Certificate by the Building Control Authority. It also introduces a Disability Access Certificate (DAC) to be issued by local Building Control Authorities for new Non-Domestic Buildings and Apartments.

It also widens the right of building control authorities to seek an Order from the High Court or the Circuit Court to stop work on certain buildings. It introduces the option for authorities to bring summary prosecutions for all building code offences in the District Court and it also increases the maximum penalties for breaches of the national Building Regulations.

A copy of the Building Control Act 2007 can be downloaded from this link Building Control Act 2007.pdf (size 1.4 MB)

Building Control Regulations

The 1991 Building Control Regulations first came into force on 1st June 1992 and were superseded by the 1997 Building Control Regulations on 1st July 1998.  They apply to new buildings, extensions, material alterations and changes of use of buildings. Their purpose is to promote observance of the Regulations by supplementing the basic powers of inspection and enforcement given to Building Control Authorities by different sections of the Building Control Act, 1990.  The Building Control Regulations do so in two ways: 

By requiring commencement notice of works (change of use) to be lodged with a fee, and

Requiring a Fire Safety Certificate for most buildings, with the exception of houses and individual apartments.  The construction of an apartment block is subject to this requirement - to ensure safety of persons in the building.

They also detail exemptions to the regulations -not to the technical requirements of the Building Regulations.

Building Regulations

In general, the Building Regulations apply to the construction of new buildings, to extensions to existing buildings, to the material alterations to existing buildings and to certain changes of use of existing buildings. The Building Regulations apply to all types of construction.