(LRC Revised)

Number 21 of 2007

BUILDING CONTROL ACT 2007

REVISED

Updated to 29 August 2022

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 2007

. 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

Electoral Reform Act 2022

(30/2022), enacted 25 July 2022, and all statutory instruments up to and including

the

Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

(Commencement) Order 2022

(S.I. No. 429 of 2022), made 23 August 2022, 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

21

of

2007

BUILDING CONTROL ACT 2007

REVISED

Updated to 29 August

2022

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement.

2. Interpretation.

PART 2

Amendment of Building Control Act 1990

3. Amendment of section 1 (interpretation) of Act of 1990.

4. Amendment of section 3 (building regulations) of Act of 1990.

5. Amendment of section 6 (building control regulations) of Act of 1990.

6. Amendment of section 7 (appeals) of Act of 1990.

7. Amendment of Act of 1990 — new sections 7A and 7B.

8. Amendment of section 8 (enforcement notice) of Act of 1990.

9. Amendment of section 9 (application to District Court in relation to enforcement

notice) of Act of 1990.

10. Amendment of section 12 (order of High Court in relation to buildings and works)

of Act of 1990.

11. Amendment of section 17 (penalties) of Act of 1990.

12. Amendment of Act of 1990 — new sections 17A and 17B.

PART 3

Registration of Architects

13. Registration body and Admissions Board (

Part 3

).

14. Registration of architects.

15. Registration of nationals from certain other states — main categories of such nationals.

16. Further category of nationals from certain other states who are eligible for registration.

17. Fees (

Part 3

).

17A. Continuing professional development (

Part 3

).

18. Prohibition against using term “architect” unless registered.

19. Registrar (

Part 3

).

20. Removal from register (

Part 3

).

21. Technical Assessment Board (

Part 3

).

22. Technical Assessment Board procedure (

Part 3

).

23. Professional Conduct Committee (

Part 3

).

24. Appeals Board (

Part 3

).

25. Appeals procedure (

Part 3

).

26. Appeal to High Court from decision of Appeals Board (

Part 3

).

27. Certain other jurisdiction of Appeals Board (

Part 3

).

PART 4

Registration of Quantity Surveyors

28. Registration body and Admissions Board (

Part 4

).

29. Registration of quantity surveyors.

30. Nationals from other states eligible for registration (

Part 4

).

31. Fees (

Part 4

).

31A. Continuing professional development (

Part 4

).

32. Prohibition against using term “quantity surveyor” unless registered.

33. Registrar (

Part 4

).

34. Removal from register (

Part 4

).

35. Technical Assessment Board (

Part 4

).

36. Technical Assessment Board procedure (

Part 4

).

37. Professional Conduct Committee (

Part 4

).

38. Appeals Board (

Part 4

).

39. Appeals procedure (

Part 4

).

40. Appeal to High Court from decision of Appeals Board (

Part 4

).

41. Certain other jurisdiction of Appeals Board (

Part 4

).

PART 5

Registration of Building Surveyors

42. Registration body and Admissions Board (

Part 5

).

43. Registration of building surveyors.

44. Nationals from other states eligible for registration (

Part 5

).

45. Fees (

Part 5

).

45A. Continuing professional development (

Part 5

).

46. Prohibition against using term “building surveyor” unless registered.

47. Registrar (

Part 5

).

48. Removal from register (

Part 5

).

49. Technical Assessment Board (

Part 5

).

50. Technical Assessment Board procedure (

Part 5

).

51. Professional Conduct Committee (

Part 5

).

52. Appeals Board (

Part 5

).

53. Appeals procedure (

Part 5

).

54. Appeal to High Court from decision of Appeals Board (

Part 5

).

55. Certain other jurisdiction of Appeals Board (

Part 5

).

PART 6

Fitness to Practise

56. Establishment of Professional Conduct Standards.

57. Complaints to Professional Conduct Committee.

58. Decision of the Professional Conduct Committee.

59. Proceedings privileged.

PART 7

Miscellaneous Provisions

60. Temporary registration under Title II of Directive.

61. Registration body may seek assistance and make rules.

62. Registration body may specify fees.

63. Additional qualifications.

64. Regulations.

65. Correction of register.

66. Expenses of registration bodies, boards and committees, etc.

67. Prosecution of offences under this Act.

68. Evidential value of an extract from register.

69. Nomination to boards or committees and elections.

70. Tenure of members of boards, etc., appointed by registration body.

71. Proceedings at meetings of boards or committees.

72. Functions in relation to regulations or directives of the Council of the EU or

the European Parliament.

73. Annual report by registration body.

Acts Referred to

Building Control Act 1990

1990, No. 3

European Communities Act 1972

1972, No. 27

Petty Sessions (Ireland) Act 1851

1851, Vic., c. 93

Number

21

of

2007

BUILDING CONTROL ACT 2007

REVISED

Updated to 29 August

2022

AN ACT TO AMEND AND EXTEND THE BUILDING CONTROL ACT 1990; TO REGULATE THE USE OF

THE TITLES “ARCHITECT”, “QUANTITY SURVEYOR” AND “BUILDING SURVEYOR”; TO IMPLEMENT CERTAIN PROVISIONS OF DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT

AND OF THE COUNCIL OF 7 SEPTEMBER 2005 ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS

AND TO PROVIDE FOR RELATED MATTERS.

[21

st April

, 2007]

BE IT ENACTED BY THE OIREACHTAS

AS FOLLOWS

Annotations

Editorial Notes

E1

Obligation imposed on developers of multi-unit developments to furnish to owners’ management company confirmation that the development has been completed in accordance

with collectively cited

Building Control Acts 1990 and 2007

(1.04.2011) by

Multi-Unit Developments Act 2011

(2/2011), s. 31(2) and sch. 3 par. 1(b), S.I. No. 95 of 2011.

E2

Power granted to Court, in cases to which

Multi-Unit Developments Act 2011

(2/2011), s. 24(1)(a) applies, to make an order directing the developer of a multi-unit

development to complete the multi-unit development in accordance with collectively

cited

Building Control Acts 1990 and 2007

(1.04.2011) by

Multi-Unit Developments Act 2011

(2/2011), s. 24(5)(I)(iii), S.I. No. 95 of 2011.

E3

Transfer of ownership of an interest in the relevant parts of the common areas of

a multi-unit development confirmed not to relieve persons who would otherwise have

been responsible from the duty, obligation or responsibility to ensure completion

of the development in compliance with collectively cited

Building Control Acts 1990 and 2007

(1.04.2011) by

Multi-Unit Developments Act 2011

(2/2011), s. 7, S.I. No. 95 of 2011.

E4

Obligation imposed on persons to whom

Multi-Unit Developments Act 2011

(2/2011), s. 3, applies to ensure that, prior to the transfer of his or her interest

in a residential unit in a multi-unit development, a certificate from a suitably qualified

person that the relevant parts of the development have been constructed in compliance

with the fire safety certificate issued pursuant to the collectively cited

Building Control Acts 1990 and 2007

has been furnished to the owners’ management company (1.04.2011) by

Multi-Unit Developments Act 2011

(2/2011), s. 3(1)(c), S.I. No. 95 of 2011.

Annotations

Editorial Notes

E1

Obligation imposed on developers of multi-unit developments to furnish to owners’ management company confirmation that the development has been completed in accordance

with collectively cited

Building Control Acts 1990 and 2007

(1.04.2011) by

Multi-Unit Developments Act 2011

(2/2011), s. 31(2) and sch. 3 par. 1(b), S.I. No. 95 of 2011.

E2

Power granted to Court, in cases to which

Multi-Unit Developments Act 2011

(2/2011), s. 24(1)(a) applies, to make an order directing the developer of a multi-unit

development to complete the multi-unit development in accordance with collectively

cited

Building Control Acts 1990 and 2007

(1.04.2011) by

Multi-Unit Developments Act 2011

(2/2011), s. 24(5)(I)(iii), S.I. No. 95 of 2011.

E3

Transfer of ownership of an interest in the relevant parts of the common areas of

a multi-unit development confirmed not to relieve persons who would otherwise have

been responsible from the duty, obligation or responsibility to ensure completion

of the development in compliance with collectively cited

Building Control Acts 1990 and 2007

(1.04.2011) by

Multi-Unit Developments Act 2011

(2/2011), s. 7, S.I. No. 95 of 2011.

E4

Obligation imposed on persons to whom

Multi-Unit Developments Act 2011

(2/2011), s. 3, applies to ensure that, prior to the transfer of his or her interest

in a residential unit in a multi-unit development, a certificate from a suitably qualified

person that the relevant parts of the development have been constructed in compliance

with the fire safety certificate issued pursuant to the collectively cited

Building Control Acts 1990 and 2007

has been furnished to the owners’ management company (1.04.2011) by

Multi-Unit Developments Act 2011

(2/2011), s. 3(1)(c), S.I. No. 95 of 2011.

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement.

2. Interpretation.

PART 2

Amendment of Building Control Act 1990

3. Amendment of section 1 (interpretation) of Act of 1990.

4. Amendment of section 3 (building regulations) of Act of 1990.

5. Amendment of section 6 (building control regulations) of Act of 1990.

6. Amendment of section 7 (appeals) of Act of 1990.

7. Amendment of Act of 1990 — new sections 7A and 7B.

8. Amendment of section 8 (enforcement notice) of Act of 1990.

9. Amendment of section 9 (application to District Court in relation to enforcement

notice) of Act of 1990.

10. Amendment of section 12 (order of High Court in relation to buildings and works)

of Act of 1990.

11. Amendment of section 17 (penalties) of Act of 1990.

12. Amendment of Act of 1990 — new sections 17A and 17B.

PART 3

Registration of Architects

13. Registration body and Admissions Board (

Part 3

).

14. Registration of architects.

15. Registration of nationals from certain other states — main categories of such nationals.

16. Further category of nationals from certain other states who are eligible for registration.

17. Fees (

Part 3

).

17A. Continuing professional development (

Part 3

).

18. Prohibition against using term “architect” unless registered.

19. Registrar (

Part 3

).

20. Removal from register (

Part 3

).

21. Technical Assessment Board (

Part 3

).

22. Technical Assessment Board procedure (

Part 3

).

23. Professional Conduct Committee (

Part 3

).

24. Appeals Board (

Part 3

).

25. Appeals procedure (

Part 3

).

26. Appeal to High Court from decision of Appeals Board (

Part 3

).

27. Certain other jurisdiction of Appeals Board (

Part 3

).

PART 4

Registration of Quantity Surveyors

28. Registration body and Admissions Board (

Part 4

).

29. Registration of quantity surveyors.

30. Nationals from other states eligible for registration (

Part 4

).

31. Fees (

Part 4

).

31A. Continuing professional development (

Part 4

).

32. Prohibition against using term “quantity surveyor” unless registered.

33. Registrar (

Part 4

).

34. Removal from register (

Part 4

).

35. Technical Assessment Board (

Part 4

).

36. Technical Assessment Board procedure (

Part 4

).

37. Professional Conduct Committee (

Part 4

).

38. Appeals Board (

Part 4

).

39. Appeals procedure (

Part 4

).

40. Appeal to High Court from decision of Appeals Board (

Part 4

).

41. Certain other jurisdiction of Appeals Board (

Part 4

).

PART 5

Registration of Building Surveyors

42. Registration body and Admissions Board (

Part 5

).

43. Registration of building surveyors.

44. Nationals from other states eligible for registration (

Part 5

).

45. Fees (

Part 5

).

45A. Continuing professional development (

Part 5

).

46. Prohibition against using term “building surveyor” unless registered.

47. Registrar (

Part 5

).

48. Removal from register (

Part 5

).

49. Technical Assessment Board (

Part 5

).

50. Technical Assessment Board procedure (

Part 5

).

51. Professional Conduct Committee (

Part 5

).

52. Appeals Board (

Part 5

).

53. Appeals procedure (

Part 5

).

54. Appeal to High Court from decision of Appeals Board (

Part 5

).

55. Certain other jurisdiction of Appeals Board (

Part 5

).

PART 6

Fitness to Practise

56. Establishment of Professional Conduct Standards.

57. Complaints to Professional Conduct Committee.

58. Decision of the Professional Conduct Committee.

59. Proceedings privileged.

PART 7

Miscellaneous Provisions

60. Temporary registration under Title II of Directive.

61. Registration body may seek assistance and make rules.

62. Registration body may specify fees.

63. Additional qualifications.

64. Regulations.

65. Correction of register.

66. Expenses of registration bodies, boards and committees, etc.

67. Prosecution of offences under this Act.

68. Evidential value of an extract from register.

69. Nomination to boards or committees and elections.

70. Tenure of members of boards, etc., appointed by registration body.

71. Proceedings at meetings of boards or committees.

72. Functions in relation to regulations or directives of the Council of the EU or

the European Parliament.

73. Annual report by registration body.

Number

21

of

2007