Local Government (Planning and Development) Act, 1963
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Building regulations. |
86.—(1) The Minister may make regulations for all or any of the matters set out in section 41 of the Public Health (Ireland) Act, 1878 , and section 23 of the Public Health Acts Amendment Act, 1890 (other than paragraph (1) of the said section 41 and the last paragraph of subsection (1) of the said section 23), and accordingly no further bye-laws shall be made under those sections for any of those matters. | |
Regulations made under this section shall be known and in this Act are referred to as building regulations. | ||
(2) Building regulations may prescribe standards (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to all or any of the matters specified in the Fifth Schedule to this Act and may prescribe different standards for buildings of different classes. | ||
(3) Building regulations may make provision in relation to— | ||
(a) testing of drains and sewers, | ||
(b) taking of samples of materials to be used in the construction of buildings, or in the execution of other works. | ||
(4) (a) Building regulations may be made with respect to— | ||
(i) structural alterations or extensions of buildings, and buildings so far as affected by alterations or extensions, | ||
(ii) buildings or parts of buildings in cases where any material change takes place in the purposes for which a building or, as the case may be, a part of a building is used, and so far as they relate to the matters mentioned in this subsection, may be made to apply to buildings erected before the date on which the regulations came into force, but, save as aforesaid, shall not apply to buildings erected before that date. | ||
(b) For the purposes of this subsection, there shall be deemed to be a material change in the purpose for which a building, or part of a building, is used if— | ||
(i) a building, or part of a building, being a building or part which was not originally constructed for occupation as a house, or which though so constructed has been appropriated to other purposes, becomes used as a house, | ||
(ii) a building, or part of a building, being a building or part which was originally constructed for occupation as a house by one family only, becomes occupied by two or more families, or | ||
(iii) where regulations contain special provisions with respect to buildings used for any particular purpose, a building, or a part of a building, being a building or part not previously used for that purpose, becomes so used. | ||
(5) Any provision contained in building regulations may be made so as to apply generally, or in an area specified in the regulations, and the regulations may contain different provisions for different areas. | ||
(6) Planning authorities shall, in relation to building regulations, have all such functions under the Public Health (Ireland) Act, 1878 (including, in particular, section 42 thereof), as are provided by that Act for them as sanitary authorities in relation to bye-laws under section 41 of that Act. | ||
(7) Building regulations may include such supplemental and incidental provisions as appear to the Minister to be expedient. | ||
(8) If a person contravenes any provision contained in building regulations, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and shall be liable to a further fine not exceeding twenty pounds for each day on which the contravention is so continued. | ||
(9) Building regulations may provide for a combination in one document of— | ||
(a) any application required or authorised under the regulations to be made, and | ||
(b) any application for permission for development under Part IV of this Act; | ||
and for the making of such combined application in such form and manner as may be specified in the regulations. | ||
(10) Section 41 of the Public Health (Ireland) Act, 1878 , and section 23 of the Public Health Acts Amendment Act, 1890 , shall have effect as if— | ||
(a) in lieu of so much thereof as provides for the making of bye-laws with respect to the matters specified in the said section 41 (other than paragraph (1) thereof) and the said section 23 (other than the last paragraph of subsection (1) thereof), they provided for the making, subject to the provisions of the Local Government (Planning and Development) Act, 1963, of regulations with respect to those matters by the Minister, and | ||
(b) the words “Provided that no bye-law made under this section shall affect any building erected before the passing of this Act” were omitted from the said section 41. | ||
(11) For any reference to bye-laws under section 41 of the Public Health (Ireland) Act, 1878 , with respect to any matters set out in that section (other than paragraph (1) thereof) or in subsection (1) of section 23 of the Public Health Acts Amendment Act, 1890 (other than the last paragraph thereof), or to bye-laws under subsection (4) of the said section 23, which occurs in any Act or in any instrument having effect under any Act, there shall be substituted save where the context otherwise requires, a reference to building regulations. |