S.I. No. 156/2021 - Building Control (Commencement Notices) (Residential and Childcare Services Construction) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th April, 2021.

I, PETER BURKE, Minister of State at the Department of Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 6 of the Building Control Act 1990 (No. 3 of 1990) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S. I. No. 408 of 2020)) and the Housing, Local Government and Heritage (Delegation of Ministerial Functions) Order 2020 (S. I. No. 559 of 2020), hereby make the following regulations:

1. These Regulations may be cited as the Building Control (Commencement Notices) (Residential and Childcare Services Construction) Regulations 2021.

2. In these Regulations –

“Principal Regulations” means Building Control Regulations 1997 (S. I. No. 496 of 1997);

“valid” in relation to a commencement notice given under article 8 of the Principal Regulations, means where the notice having been received by the building control authority concerned, the authority considers in accordance with article 10 of the Principal Regulations that it complies with the requirements of article 9 of those Regulations.

3. Where a person has given to a building control authority a commencement notice under article 8 of the Principal Regulations which relates to a residential construction project or construction activity relating to early learning and childcare or school aged childcare services, during the period from 3 December 2020 to 28 March 2021 and the notice is valid, the period of time referred to in that article within which to give the notice does not apply, but the works or the material change of use to which the commencement notice relates may, subject to any restrictions or prohibitions in regulations made under section 31A of the Health Act 1947 (No. 28 of 1947), commence not later than 14 days after 12 April 2021.

GIVEN under my hand,

1 April 2021

PETER BURKE,

Minister of State at the Department of Housing, Local Government and Heritage

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

The purpose of these Regulations is to facilitate the prompt commencement, as a result of the lifting of Covid restrictions, of residential construction projects or construction activity relating to early learning and childcare or school aged childcare services for which a valid commencement notice, submitted between 3 December 2020 and 28 March 2021, relates. The Regulations allow a person commence these without submitting a new commencement notice, provided that they commence not later than 26 April 2021.