S.I. No. 179/2000 - Building Regulations (Amendment) Regulations, 2000

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by Sections 3 and 18 of the Building Control Act, 1990 (No. 3 of 1990), hereby makes the following Regulations:—

1. These Regulations may be cited as the Building Regulations (Amendment) Regulations, 2000.

2. These Regulations and the Building Regulations, 1997 ( S.I. No. 497 of 1997 ) shall be construed as one and cited together as the Building Regulations 1997 to 2000.

3. These Regulations shall come into operation on the 1st day of January, 2001.

4. (1) Subject to sub-article (2), these Regulations shall apply to works, where the works commence on or after the 1st day of January, 2001.

(2) These Regulations shall not apply to works which commence on or after the 1st day of January, 2001, where—

(a) in the case of dwellings, where the works are the subject of—

(i) a planning application made on or before the 31st day of December, 2000 for planning permission or approval pursuant to the Local Government (Planning and Development) Acts, 1963 to 1999 and where substantial work has been completed by the 31st day of December, 2003; or

(ii) a notice pursuant to the provisions of Part X of the Local Government (Planning & Development) Regulations, 1994 ( S.I. No. 86 of 1994 ) which has been published on or before the 31st day of December, 2000 and where substantial work has been completed by the 31st day of December, 2003; and

(b) in the case of all other buildings, where a Fire Safety Certificate under the Building Control Regulations, in respect of the works or buildings, has been granted before the 1st day of January, 2001 and where the works commence between the 1st day of January, 2001 and the 31st day of December, 2003.

5. In these Regulations—

“Building Control Regulations” means either the Building Control Regulations, 1991 and 1994 or the Building Control Regulations, 1997 ( S.I. No. 496 of 1997 ).

6. Part M to the Second Schedule to the Building Regulations, 1997 ( S.I. No. 497 of 1997 ) is hereby amended by the substitution of the following for Part M:

“Part M

Access for People with Disabilities

Access and Use	M1 Adequate provision shall be made to enable people with disabilities to safely and independently access and use a building.
Sanitary Conveniences	M2 If sanitary conveniences are provided in a building, adequate provision shall be made for people with disabilities.
Audience or Spectator facilities	M3 If a building contains fixed seating for audience or spectators, adequate provision shall be made for people with disabilities.
Definition for this Part	M4 In this Part, “people with disabilities” means people who have an impairment of hearing or sight or an impairment which limits their ability to walk, or which restricts them to a wheelchair.
Application of this Part	M5 Part M does not apply to works in connection with extensions to and the material alterations of existing dwellings, provided that such works do not create a new dwelling.”

	GIVEN under the Official Seal of the Minister for the Environment and Local Government this 22nd day of June, 2000.
	NOEL DEMPSEY,
	Minister for the Environment 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 Part M of the Building Regulations, 1997, by requiring that all new dwellings should be visitable by people with disabilities. These Regulations will in general apply to dwellings commencing on or after 1 January, 2001. The Regulations make a number of technical amendments to the existing Part M of the Building Regulations, 1997.