Relaxation of the Building Control Regulations
Section 4 and Section 5 of the Building Control Act, 1990 deals with ‘a Dispensation from, or a relaxation of, any requirement of Building Regulations’.
Section 4(1) of the Building Control Act, 1990 empowers a Building Control Authority to grant a dispensation from, or a relaxation of, any Requirement of Building Regulations in respect of buildings or works, which are situated within the functional area of the authority.
Only requirements of Building Regulations may be given relaxations or dispensations. Guidance given in Technical Guidance Documents may not be relaxed or dispensed- this is an important and often misunderstood distinction.
An applicant who is dissatisfied with the decision of a Building Control Authority on an application for a dispensation from, or relaxation of, any requirement of the Building Regulations may appeal to An Bord Pleanala as per Part VI of the Building Control Regulations 1997.
An application for a Dispensation from, or Relaxation of, any requirement of the Building Regulations must be made on the form set out in the fourth of the Building Regulations, 1997 (Statutory Instrument No. 497 of 1997). This Application Form can be downloaded from this link Relaxation of the Building Regulations.pdf (size 12.6 KB) or can be obtained from the following.
Building Control Authority
Central Fire Station