S.I. No. 526/2018 - Building Control (Amendment) Regulations 2018
Table of Provisions (8)
Statutory Text (8 Articles)
1. Sub-article 20E(3)(
d
) is modified to clarify the requirements where an application is declared invalid by the Building Control Authority.
2. Sub-article 20E(4) of the Principle Regulations is amended to account for the re-numbering of Article 20D.
The effect of the above changes to Articles 20D and 20E is that the requirements for a Disability Access Certificate are now separated from the requirements for a Fire Safety Certificate, and are directly related to the requirements of Part M (Access and Use) of the Second Schedule to the Building Regulations.
The operative date of these Regulations is 17 December 2018.
3. Sub-articles 20D(2) to (10) of the Principle Regulations are re-numbered to 20D (3) to (11) to account for the introduction of the new sub-article 20D(2).
4. Sub-article 20D(4)(
d
) is modified to clarify the requirements where the Building Control Authority declares an application invalid and re-numbered to 20D(5)(
d
).
Article 20E of the Principal Regulations is substituted to provide for the following
5. The Principal Regulations are amended by
(
a
) substituting for Article 20E(3)(
d
) the following—
“Where a building control authority serve a notice in accordance with subparagraph (
c
)(i), they shall return to the applicant all the documents and the fee which accompanied the application.”
(
b
) substituting in Article 20E(4) “20D(6), 20D(7) and 20D(8)” for “20D(5), 20D(6) and 20D(7)”.
Amendment of Third Schedule to the Principal Regulations
6. The Principal Regulations are amended
(
a
) in the Third Schedule in the Form of Application for a Disability Access Certificate by substituting “Article 20D(4)” for “Article 20D(3)”.
Amendment of Fourth Schedule to the Principal Regulations
7. The Principal Regulations are amended
(
a
) in the Fourth Schedule in the Form of Disability Access Certificate by substituting “Article 20D(9)” for “Article 20D(8)”.
GIVEN under my hand,
11 December 2018.
DAMIEN ENGLISH,
Minister of State at the Department of Housing, Planning and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend certain provisions of the Building Control Regulations (the “Principal Regulations”) following a review of the operation of the Disability Access Certificate requirements introduced under
S.I. No. 351 of 2009
.
Article 20D of the Principal Regulations is substituted to provide for the following
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
14
th December
, 2018.
I, DAMIEN ENGLISH, Minister of State at the Department of Housing, Planning and Local Government, in exercise of the powers conferred on me by
sections 3
,
6
,
17
and
18
of the
Building Control Act 1990
(No. 3 of 1990) (as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017 (
S.I. No. 358 of 2017
)), which powers are delegated to me by the Housing, Planning, Community and Local Government (Delegation of Ministerial Functions) (No. 2) Order 2017 (
S.I. No. 352 of 2017
), hereby make the following regulations
Citation