IE
(LRC Revised)
Statutory Text (1 Articles)
Number 3 of 1990
BUILDING CONTROL ACT 1990
REVISED
Updated to 1 May 2025
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Building Control Act 1990
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Financial Services and Pensions Ombudsman (Amendment) Act 2025
(3/2025), enacted 15 April 2025, and all statutory instruments up to and including
the
Medical Council (Maintenance of Professional Competence) Rules 2025
(S.I. No. 176 of 2025), made 1 May 2025, were
considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
3
of
1990
BUILDING CONTROL ACT 1990
REVISED
Updated to 1 May 2025
ARRANGEMENT OF SECTIONS
Section
1.
Interpretation.
2.
Building control authorities.
3.
Building regulations.
4.
Dispensation or relaxation of building regulations.
5.
Dispensation or relaxation in relation to specified works or material.
6.
Building control regulations.
7.
Appeals.
7A.
Fees in respect of an appeal.
7B.
Provision with respect to amendment of this Act by S.I. No. 872 of 2005.
8.
Enforcement notice.
9.
Application to District Court in relation to enforcement notice.
10.
Service of enforcement notice.
11.
Powers of inspection by authorised persons.
12.
Order of High Court in relation to buildings and works.
13.
Power to prohibit the use of certain materials etc.
14.
Building Regulations Advisory Body.
15.
Authenticity of documents.
16.
Offences.
17.
Penalties.
17A.
Payment of fines to building control authority.
17B.
Costs of prosecution, etc.
17C.
Evidential value of electronically stored information.
18.
Orders and regulations.
19.
Expenses of Minister.
20.
Expenses of building control authorities.
21.
Limitation on civil proceedings.
22.
Transitional.
23.
Multi-storey buildings.
24.
Repeals.
25.
Short title and commencement.
FIRST SCHEDULE
Matters for which Building Regulations may prescribe Standards.
SECOND SCHEDULE
Part I
Repeals of Local Government (Planning and Development) Act, 1963 (as amended by the
Local Government (Planning and Development) Act, 1976).
Part II
Repeals of Local Government (Planning and Development) Act, 1976.
Acts Referred to
Arbitration Act, 1954
1954, No. 26
Companies Acts, 1963 to 1986
Criminal Procedure Act, 1967
1967, No. 12
Dublin Corporation Act, 1890
1890, c. 246
Factories Act, 1955
1955, No. 10
Fire Services Act, 1981
1981, No. 30
Local Government Act, 1955
1955, No. 9
Local Government (Multi-Storey Buildings) Act, 1988
1988, No. 29
Local Government (Planning and Development) Act, 1963
1963, No. 28
Local Government (Planning and Development) Act, 1976
1976, No. 20
Local Government (Planning and Development) Acts, 1963 to 1983
Petty Sessions (Ireland) Act, 1851
1851, c. 93
Public Health (Ireland) Act, 1878
1878, c. 52
Public Health Acts (Amendment) Act, 1890
1890, c. 59
Number
3
of
1990
BUILDING CONTROL ACT 1990
REVISED
Updated to 1 May 2025
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF BUILDING CONTROL AUTHORITIES AND THE MAKING
OF BUILDING REGULATIONS AND BUILDING CONTROL REGULATIONS AND TO PROVIDE FOR MATTERS
RELATING TO THE CONSTRUCTION OF BUILDINGS AND TO PROVIDE FOR OTHER MATTERS CONNECTED
THEREWITH. [21
st March
, 1990]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 3 of 1990
Building Control Act 1990
The whole Act.
...
...
...
C2
Application of Act restricted (1.05.2007) by
Prisons Act 2007
(10/2007), s. 28(1)(b), S.I. No. 180 of 2007.
Exemptions, etc., relating to development.
28.
— (1) A development—
(
a
) is an exempted
development for the purposes of the Planning and Development Acts 2000 to 2006,
(
b
) is not subject
to— ...
(iv) the Building Control Act 1990 and regulations thereunder,
...
Editorial Notes
E1
Primary responsibility in relation to the Act was conferred on the Minister for the
Environment, Community and Local Government by
Local Government Act 2001
(37/2001), s. 63(2)(a)(i) and sch. 12 part 1 as substituted (31.12.2007) by
Water Services Act 2007
, s. 115, S.I. No. 846 of 2007.
Annotations
Modifications (not altering text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 3 of 1990
Building Control Act 1990
The whole Act.
...
...
...
C2
Application of Act restricted (1.05.2007) by
Prisons Act 2007
(10/2007), s. 28(1)(b), S.I. No. 180 of 2007.
Exemptions, etc., relating to development.
28.
— (1) A development—
(
a
) is an exempted
development for the purposes of the Planning and Development Acts 2000 to 2006,
(
b
) is not subject
to— ...
(iv) the Building Control Act 1990 and regulations thereunder,
...
Editorial Notes
E1
Primary responsibility in relation to the Act was conferred on the Minister for the
Environment, Community and Local Government by
Local Government Act 2001
(37/2001), s. 63(2)(a)(i) and sch. 12 part 1 as substituted (31.12.2007) by
Water Services Act 2007
, s. 115, S.I. No. 846 of 2007.
Section
1.
Interpretation.
2.
Building control authorities.
3.
Building regulations.
4.
Dispensation or relaxation of building regulations.
5.
Dispensation or relaxation in relation to specified works or material.
6.
Building control regulations.
7.
Appeals.
7A.
Fees in respect of an appeal.
7B.
Provision with respect to amendment of this Act by S.I. No. 872 of 2005.
8.
Enforcement notice.
9.
Application to District Court in relation to enforcement notice.
10.
Service of enforcement notice.
11.
Powers of inspection by authorised persons.
12.
Order of High Court in relation to buildings and works.
13.
Power to prohibit the use of certain materials etc.
14.
Building Regulations Advisory Body.
15.
Authenticity of documents.
16.
Offences.
17.
Penalties.
17A.
Payment of fines to building control authority.
17B.
Costs of prosecution, etc.
17C.
Evidential value of electronically stored information.
18.
Orders and regulations.
19.
Expenses of Minister.
20.
Expenses of building control authorities.
21.
Limitation on civil proceedings.
22.
Transitional.
23.
Multi-storey buildings.
24.
Repeals.
25.
Short title and commencement.
FIRST SCHEDULE
Matters for which Building Regulations may prescribe Standards.
SECOND SCHEDULE
Part I
Repeals of Local Government (Planning and Development) Act, 1963 (as amended by the
Local Government (Planning and Development) Act, 1976).
Part II
Repeals of Local Government (Planning and Development) Act, 1976.
Number
3
of
1990