Building Control Act, 1990

Building control authorities.

2.—(1) Each of the following local authorities shall be a building control authority for the purposes of this Act—

(a) the council of a county,

(b) the corporation of a county borough,

(c) the Corporation of Dún Laoghaire,

(d) subject to subsection (2), the Corporation of any other borough and the council of any urban district which is, at the commencement of this Act, a fire authority.

(2) (a) Where the Minister, by order under section 9 (2) of the Fire Services Act, 1981 , provides that section 9 (1) (d) of that Act shall cease to apply to a particular corporation or council, that body shall cease to be a building control authority within the meaning of this Act on the day specified in that behalf in the order.

(b) Where the Minister, by order under section 9 (2) of the Fire Services Act, 1981 , provides that section 9 (1) (d) of that Act shall cease to apply to a particular corporation or council, section 17 of that Act shall apply to a building control authority referred to in paragraph (a) of this subsection as if it were a fire authority subject to such modifications and ancillary provisions as the Minister considers necessary and provides in the order.

(3) The functional area of a building control authority shall be—

(a) in the case of a council of a county, the administrative county, excluding any borough or urban district, the corporation or council of which is for the time being a building control authority pursuant to the provisions of subsection (1) (d),

(b) in the case of any other local authority, its administrative area.

(4) Building control authorities may make arrangements for the joint performance of any of their functions.

(5) Where it appears to the Minister that an agreement under section 59 of the Local Government Act, 1955 , ought to be made between two or more building control authorities for the purpose of any of their functions, he may, after affording an opportunity to the authorities concerned to make representations to him, require those authorities to enter into such an agreement, and the Minister may direct that any such agreement shall contain such terms as he may specify and the authorities concerned shall comply with any directions given under this subsection by the Minister.