S.I. No. 229/2021 - Building Control (Amendment) Regulations 2021


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th May, 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 , and subsection (3) of section 7 , 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:

Citation

1. (1) These Regulations may be cited as the Building Control (Amendment) Regulations 2021.

(2) The Building Control Regulations 1997 to 2021 and these Regulations may be cited together as the Building Control Regulations 1997 to 2021.

Commencement

2. These Regulations come into operation on 1 July 2021.

Interpretation generally

3. In these Regulations:

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

Amendment of Article 5(4) of the Principal Regulations

4. The Principal Regulations are amended in Article 5(4)by inserting after the definition of “works” the following definition—

“writing” has the meaning given to it by Part 1 of the Schedule to the Interpretation Act 2005 ;”

Amendment of Article 13 of the Principal Regulations

5. The Principal Regulations are amended by substituting for Article 13 the following -

“(1) An application for a fire safety certificate shall be filed electronically on the Building Control Management System or set out in the form for that purpose included in the Third Schedule.

(2) subject to paragraph (3), an application for a fire safety certificate shall be accompanied by—

(a) such plans (including a site or layout plan and drawings of floor plans, elevations and sections) (in duplicate), calculations, specifications and such other particulars as are necessary to —

(i) identify and describe the works or building to which the application relates,

and

(ii) enable the building control authority to assess, whether the said works or building would, if constructed in accordance with the said plans, calculations, specifications and other particulars, comply with requirements of Part B of the Second Schedule to the Building Regulations,

(b) particulars of the nature and extent of the proposed use and, where appropriate, of the existing use, of the building concerned, and

(c) such fee (if any) as may from time to time be prescribed for that purpose in Part V.

(3) Where an application and the documents that accompanied the application are filed electronically on the Building Control Management System, duplicate copies are not required.”

Amendment of Article 14 of the Principal Regulations

6. The Principal Regulations are amended by substituting for Article 14 the following –

“(1) On receipt of an application for a fire safety certificate, a building control authority shall—

(a) record the date of receipt of the application and all the documents that accompanied the application, and

(b) consider whether the application complies with the requirements of article 13.

(2) Where a building control authority consider that an application for a Fire Safety Certificate complies with the requirements of article 13, they shall send to the applicant an acknowledgement in writing stating the date of receipt of the application.

(3) Where a building control authority consider that an application for a fire safety certificate does not comply with article 13, they may, as they consider appropriate having regard to the extent of the failure to comply with the said article, by notice in writing —

(a) inform the applicant that the application is invalid and cannot be considered by the authority, or

(b) require the applicant to furnish such further plans, calculations, specifications or particulars, or such additional fee, as may be necessary to comply with the said article.

(4) Where a building control authority serve a notice in accordance with sub-article 3(a), they shall return to the applicant the fee which accompanied the application, and

(a) where the application has been filed electronically on the Building Control Management System, delete the application and all the documents that accompanied the application, or

(b) where the application has not been filed electronically on the Building Control Management System, return to the applicant, the application and all the documents that accompanied the application.”

Amendment of Article 20 of the Principal Regulations

7. The Principal Regulations are amended by substituting for Article 20 the following –

“Where a building control authority grant a fire safety certificate with conditions, or refuse to grant a fire safety certificate, they shall notify the applicant in writing that he may appeal to the Board against the decision of the building control authority within the period prescribed in Part VI.”

Amendment of Article 20A of the Principal Regulations

8. The Principal Regulations are amended by substituting for Article 20A the following –

“(1) (a) A 7 day notice shall be submitted to a building control authority in respect of:

(i) all works or buildings to which Part III applies, pursuant to Article 11(1) of these Regulations, and

(ii) where it is proposed to commence work before grant of the relevant fire safety certificate.

(b) A 7 day notice referred to in paragraph (a) shall be submitted not less than 7 days in advance of commencement of work.

(2) (a) A 7 day notice shall be—

(i) filed electronically on the Building Control Management System or set out in the form for that purpose included in the Third Schedule,

(ii) subject to subparagraph (b), accompanied by—

(I) a valid application for a fire safety certificate from the applicant filed electronically on the Building Control Management System or set out in the form specified for that purpose in the Third Schedule and accompanied by such plans and particulars as required under Articles 13(2)(a) and 13(2)(b),

(II) a 7 day notice statutory declaration in the form specified for that purpose in the Third Schedule,

(III) such plans, calculations, specifications and particulars as are necessary to outline how the proposed works or building will comply with the requirements of the Second Schedule to the Building Regulations relevant to the works or building concerned, and including—

(A) general arrangement drawings including plans, sections and elevations,

(B) a schedule of such plans, calculations, specifications and particulars as are currently designed or as are to be prepared at a later date,

(C) the completion of an online assessment, via the Building Control Management System, of the proposed approach to comply with the requirements of the Second Schedule to the Building Regulations,

(D) the preliminary Inspection Plan prepared by the Assigned Certifier,

and

(IV) the following certificates and notices in the appropriate forms set out in the Third Schedule—

(A) a Certificate of Compliance (Design),

(B) a Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier),

(C) a Certificate of Compliance (Undertaking by Assigned Certifier),

(D) a Notice of Assignment of Builder, and

(E) a Certificate of Compliance (Undertaking by Builder), and

(iii) accompanied by such fee as is required under Part V.

(iv) For the purposes of paragraph (2)(a)(ii)(II), a copy of the 7 day notice statutory declaration may be submitted via the Building Control Management System.

(v) Where a copy of the 7 day notice statutory declaration referred to in Article 20A (2)(a)(ii)(II), has been submitted via the Building Control Management System, the applicant shall retain the original 7 day notice statutory declaration and shall produce the original 7 day notice statutory declaration for inspection where required to do so by the building control authority.

(b) The requirements of paragraphs (2)(a)(ii)(III) and (2)(a)(ii)(IV) shall apply to the following works and buildings—

(i) the design and construction of a new dwelling,

(ii) an extension to a dwelling involving a total floor area greater than 40 square metres,

(iii) works to which Part III applies.

(c) If, for whatever reason, having submitted the 7 day notice in respect of works or a building subject to paragraphs (2)(a)(ii)(III) and (2)(a)(ii)(IV), a building owner changes either the person assigned to inspect and certify the works or the assigned builder, then the building owner shall within 14 days notify the building control authority of the change, electronically or otherwise, by submitting the appropriate notices of assignment and forms of undertaking as referred to under paragraph (2)(a) reflecting the up-to-date arrangements in this regard.

(d) If, for whatever reason, a change of ownership of works or a building subject to the requirements of paragraphs (2)(a)(ii)(III) and (2)(a)(ii)(IV) inclusive occurs prior to completion, the new owner shall within 14 days notify the building control authority, electronically or otherwise, that they are now the owner of the building or works.

(3) (a) On receipt of a 7 day notice, a building control authority shall—

(i) consider whether the application is in compliance with the requirements of paragraph (2), and

(ii) record the date of receipt of the notice.

(b) Where a building control authority consider that a 7 day notice complies with the requirements of paragraph (2), they shall send to the applicant an acknowledgment in writing stating the date of receipt of the notice.

(c) Where a building control authority consider that a 7 day notice does not comply with paragraph (2), they may within 7 days of receipt of the notice, as they consider appropriate having regard to the extent of the failure to comply with the said paragraph, by notice in writing —

(i) inform the applicant that the 7 day notice is invalid and cannot be accepted by the building control authority, or

(ii) require the applicant to furnish such further or amended plans, calculations, specifications, documents or particulars or such additional fee, as may be necessary to comply with the said paragraph.

(d) Where a building control authority serve a notice in accordance with subparagraph (c)(i), they shall return to the applicant the fee which accompanied the application, and

(i) where the application has been filed electronically on the Building Control Management System, delete the application and all the documents that accompanied the application, or

(ii) where the application has not been filed electronically on the Building Control Management System, return to the applicant, the application and all the documents that accompanied the application.

(4) Articles 15to 20shall apply mutatis mutandisas if any reference therein to an application or an application for a fire safety certificate were a reference to an application for a fire safety certificate which accompanied the submission of a 7 day notice under paragraph (2)(b).”

Amendment of Article 20B of the Principal Regulations

9. The Principal Regulations are amended by substituting for Article 20B the following –

“(1) (a) A revised fire safety certificate shall be required in respect of works—

(i) where the original application for a fire safety certificate was submitted prior to the grant of planning permission, if necessitated by the subsequent grant of such planning permission, for the purpose of ensuring that the revised design arising from the grant of planning permission (including any conditions attached to it) complies with the requirements of Part B of the Second Schedule to the Building Regulations, or

(ii) where significant revision is made to the design or works of a building or an extension of, a material alteration to or a material change of use of a building in respect of which a fire safety certificate has been granted by a building control authority.

(b) Where a revised fire safety certificate is required in respect of all works or buildings, a person shall not carry out such works or make a material change of use as regards such a building—

(i) in the absence of a revised fire safety certificate in respect of the works or building, or

(ii) in contravention of any conditions subject to which the certificate is granted.

(2) An application for a revised fire safety certificate shall be filed electronically on the Building Control Management System or set out in the form specified for that purpose in the Third Schedule.

(3) Subject to subparagraph (c), an application for a revised fire safety certificate shall be accompanied by—

(a) such revised plans (including a site or layout plan and drawings of floor plans, elevations and sections) (in duplicate) and such other revised calculations, specifications or other particulars as are necessary to—

(i) identify and describe the works or building to which the application relates, and

(ii) enable the building control authority to assess, whether the said works or building would, if constructed in accordance with the said plans, calculations, specifications and other particulars, comply with the requirements of Part B of the Second Schedule to the Building Regulations.

(b) such fee as may from time to time be prescribed for that purpose in Part V.

(c) Where an application and the documents that accompanied the application are filed electronically on the Building Control Management System, duplicate copies are not required.

(4) (a) On receipt of an application for a revised fire safety certificate, a building control authority shall—

(i) record the date of receipt of the application and all the documents that accompanied the application, and

(ii) consider whether the application complies with the requirements of paragraphs (2) and (3),

(b) Where a building control authority consider that an application for a revised fire safety certificate complies with the requirements of paragraphs (2) and (3) they shall send to the applicant an acknowledgement in writing stating the date of receipt of the application.

(c) Where a building control authority consider that an application for a revised fire safety certificate does not comply with paragraphs (2) and (3), they may, as they consider appropriate having regard to the extent of the failure to comply with the said paragraphs, by notice in writing—

(i) inform the applicant that the application is invalid and cannot be considered by the building control authority, or

(ii) require the applicant to furnish such further plans, calculations, specifications or particulars, or such additional fee, as may be necessary to comply with the said paragraphs.

(d) Where a building control authority serve a notice in accordance with subparagraph (c)(i), they shall return to the applicant the fee which accompanied the application, and

(i) where the application has been filed electronically on the Building Control Management System, delete the application and all the documents that accompanied the application, or

(ii) where the application has not been filed electronically on the Building Control Management System, return to the applicant, the application and all the documents that accompanied the application.

(5) Articles 15 to 17 shall apply mutatis mutandis as if any reference therein to an application or an application for a fire safety certificate were a reference to an application for a revised fire safety certificate pursuant to paragraph (2).

(6) Where a building control authority decide to grant a revised fire safety certificate with or without conditions, the form specified for that purpose in the Fourth Schedule or a form substantially to the like effect, shall be the form of every such certificate and where the revised fire safety certificate is granted subject to conditions, they shall inform the applicant in writing of the reasons therefor.

(7) Where a building control authority decide to refuse to grant a revised fire safety certificate, they shall notify the applicant in writing of their decision and the reasons therefor.

(8) Where a building control authority grant a revised fire safety certificate with conditions, or refuse to grant a revised fire safety certificate, they shall notify the applicant in writing that he may appeal to the Board against the decision of the building control authority within the period prescribed in Part VI.”

Amendment of Article 20C of the Principal Regulations

10. The Principal Regulations are amended by substituting for Article 20C the following –

“(1) Where works have been commenced or completed in respect of the construction of a building or an extension of or a material alteration to a building without a fire safety certificate as required under article 12(1) or the submission of a 7 day notice under article 20A(1), an application shall be submitted to a building control authority for a regularisation certificate.

(2) (a) An application for a regularisation certificate shall be filed electronically on the Building Control Management System or set out in the form specified for that purpose in the Third Schedule.

(b) An application for a regularisation certificate shall be accompanied by—

(i) drawings of the relevant works as they have been commenced or constructed, so as to enable the building control authority to assess whether the said works, as commenced or as constructed in accordance with the said drawings, documents and information submitted, will comply or are in compliance, as appropriate, with the requirements of Part B of the Second Schedule to the Building Regulations,

(ii) a statutory declaration from the applicant in the form specified for that purpose in the Third Schedule, and

(iii) such fee as may from time to time be prescribed for that purpose in Part V.

(iv) For the purposes of paragraph (2)(b)(ii), a copy of the statutory declaration may be submitted via the Building Control Management System.

(v) Where a copy of the statutory declaration referred to in Article 20C (2)(b)(ii), has been submitted via the Building Control Management System, the applicant shall retain the original statutory declaration and shall produce the original statutory declaration for inspection where required to do so by the building control authority.

(3) (a) On receipt of an application for a regularisation certificate, a building control authority shall—

(i) record the date of receipt of the application and all the documents that accompanied the application, and

(ii) consider whether the application complies with the requirements of paragraph (2).

(b) Where a building control authority consider that an application for a regularisation certificate complies with the requirements of paragraph (2), they shall send to the applicant an acknowledgement in writing stating the date of receipt of the application.

(c) Where a building control authority consider that an application for a regularisation certificate does not comply with paragraph (2), they may, as they consider appropriate having regard to the extent of the failure to comply with the said article, by notice in writing—

(i) inform the applicant that the application is invalid and cannot be considered by the building control authority, or

(ii) require the applicant to furnish such further plans, calculations, specifications or particulars, or such additional fee, as may be necessary to comply with the said paragraph.

(d) Where a building control authority serve a notice in accordance with subparagraph (c)(i), they shall return to the applicant the fee which accompanied the application, and

(i) where the application has been filed electronically on the Building Control Management System, delete the application and all the documents that accompanied the application, or

(ii) where the application has not been filed electronically on the Building Control Management System, return to the applicant, the application and all the documents that accompanied the application.

(4) Where an application is made to a building control authority for a regularisation certificate, the building control authority, in considering such application, shall:

(a) be restricted to considering only the extent to which the works, if commenced or as constructed in accordance with the drawings, documents and information submitted, will comply or are in compliance, as appropriate, with the requirements of Part B of the Second Schedule to the Building Regulations, and

(b) have due regard to any dispensation or relaxation in respect of, or which is relevant to, the works or building to which the application relates.

(5) Where a building control authority, having considered an application for a regularisation certificate, are disposed to granting such certificate subject to any modification of the plans, documents or information to which the application relates, they may require the applicant to submit to them revised plans, documents or information providing for such modification and may decide to grant a regularisation certificate in respect of such revised plans, documents or information so submitted.

(6) (a) A building control authority shall, having considered an application for a regularisation certificate and following an inspection of the building pursuant to paragraph (b), grant such certificate, with or without conditions or refuse to grant the certificate, as the case may be.

(b) An authorised person shall be entitled to enter at all reasonable times into any land (subject to his producing, if so required, his authority in writing as such person) and thereon enter and inspect, for the purposes of these Regulations, any building and any plans or documents relating to such building.

(c) In this article, an “authorised person” means a person authorised in writing by a building control authority to be an authorised person for the purposes of these Regulations.

(d) Subsections (3) to (7) of the Building Control Act 1990 shall apply mutatis mutandis as if any reference therein to an authorised person was a reference to an authorised person appointed pursuant to this article.

(e) A regularisation certificate granted under this Part shall only be construed as specifying, that in the opinion of the building control authority, the works as constructed in accordance with plans, documents and information submitted, comply with the requirements of Part B of the Second Schedule to the Building Regulations, subject to compliance (within a period of 4 months there mentioned) with any conditions attached to the certificate, including conditions as to the carrying out of additional works.

(7) Where a building control authority decide to grant a regularisation certificate, with or without conditions, the form specified for that purpose in the Fourth Schedule or a form substantially to the like effect, shall be the form of every such certificate and where the regularisation certificate is granted subject to conditions, they shall inform the applicant in writing of the reasons therefor.

(8) Where a building control authority decide to refuse to grant a regularisation certificate, they shall notify the applicant in writing of their decision and the reasons therefor.

(9) Where a building control authority grant a regularisation certificate with conditions, or refuse to grant a regularisation certificate, they shall notify the applicant in writing that he may appeal to the Board against the decision of the building control authority within the period prescribed in Part VI.”

Amendment of Article 20D of the Principal Regulations

11. The Principal Regulations are amended by substituting for Article 20D the following –

“(1) Subject to sub-article (2) and articles 3 and 6, a certificate of compliance with respect to requirements under Part M of the Second Schedule to the Building Regulations (hereinafter referred to as a ‘disability access certificate’) shall be required in respect of—

(a) works in connection with the design and construction of a new building,

(b) works in connection with the material alteration of—

(i) a day centre,

(ii) a hotel, hostel or guest building, or

(iii) an institutional building, or

(iv) a place of assembly, or

(v) a shopping centre,

but excluding works to such buildings, consisting solely of minor works,

(c) works in connection with the material alteration of a shop, office or industrial building where—

(i) additional floor area is being provided within the existing building, or

(ii) the building is being subdivided into a number of units for separate occupancy,

(d) works in connection with the extension of a building by more than 25 square metres,

(e) a building as regards which a material change of use takes place, where a building which was not being used as—

(i) a day centre, becomes so used, or

(ii) a hotel, hostel or guest building, becomes so used, or

(iii) an institutional building, becomes so used, or

(iv) a place of assembly, becomes so used, or

(v) a shop (which is not ancillary to the primary use of the building), becomes so used, or

(vi) a shopping centre, becomes so used, to which the requirements of Part M of the Second Schedule to the Building Regulations apply.

(2) For the purposes of this Part, the following buildings are exempted—

(a) a building which—

(i) is used exclusively for the storage of materials or products, for the accommodation of plant or machinery or in connection with the housing, care or management of livestock,

(ii) is used solely for the purpose of agriculture, and

(iii) is a building in which the only persons habitually employed are engaged solely in the care, supervision, regulation, maintenance, storage or removal of the materials, products, plant, machinery or livestock in the building, and which is either attached to another such building or detached from any other building,

(b) a building used as a dwelling other than a flat,

(c) a building used as a domestic garage,

(d) a building (other than one described in (c)) ancillary to a dwelling (such as a summer house, poultry-house, aviary, conservatory, coal shed, garden tool shed or bicycle shed) which is used exclusively for recreational or storage purposes or the keeping of plants, birds or animal for domestic purposes and is not used for the purposes of any trade or business or for human habitation,

(e) a building used solely to enable inspection, repair or maintenance of fixed plant, building services, or machinery,

or to works in connection with such a building provided that, after the works are carried out, the building is or continues to be a building referred to in paragraphs (a) to (e).

(3) Where a disability access certificate is required in respect of all works or buildings to which this Part applies, a person shall make an application to the building control authority for such certificate and not carry out such works or make a material change of use as regards such a building in contravention of Part M of the Second Schedule to Building Regulations or any conditions subject to which the certificate is granted.

(4) (a) An application for a disability access certificate shall be filed electronically on the Building Control Management System or set out in the form specified for that purpose in the Third Schedule.

(b) Subject to subparagraph (c), an application for a disability access certificate shall be accompanied by—

(i) such plans, (including a site or layout plan) (in duplicate) and such other particulars as are necessary to—

(I) identify and describe the works or building to which the application relates,

(II) enable the building control authority to assess, whether the said works or building would, if constructed in accordance with the said plans and other particulars, comply with the requirements of Part M of the Second Schedule to the Building Regulations,

(III) identify the nature and extent of the proposed use and, where appropriate, of the existing use of the building concerned, and

(ii) such fee as may from time to time be prescribed for that purpose in Part V.

(c) Where an application and the documents that accompanied the application are filed electronically on the Building Control Management System, duplicate copies are not required.

(5) (a) On receipt of an application for a disability access certificate, a building control authority shall—

(i) record the date of receipt of the application and all the documents that accompanied the application, and

(ii) consider whether the application complies with the requirements of paragraph (4).

(b) Where a building control authority consider that an application for a disability access certificate complies with the requirements of paragraph (4), they shall send to the applicant an acknowledgement in writing stating the date of receipt of the application.

(c) Where a building control authority consider that an application for a disability access certificate does not comply with paragraph (4), they may, as they consider appropriate, having regard to the extent of the failure to comply with the said paragraph, by notice in writing—

(i) inform the applicant that the application is invalid and cannot be considered by the building control authority, or

(ii) require the applicant to furnish such further plans, calculations, specifications or particulars, or such additional fee, as may be necessary to comply with the said article.

(d) Where a building control authority serve a notice in accordance with subparagraph (c)(i), they shall return to the applicant the fee which accompanied the application, and

(i) where the application has been filed electronically on the Building Control Management System, delete the application and all the documents that accompanied the application, or

(ii) where the application has not been filed electronically on the Building Control Management System, return to the applicant, the application and all the documents that accompanied the application.

(6) Where an application is made to a building control authority for a disability access certificate, the authority, in considering such application, shall—

(a) be restricted to considering only the extent to which the design or works complies with the requirements of Part M of the Second Schedule to the Building Regulations, and

(b) have due regard to any dispensation or relaxation in respect of, or which is relevant to, the works or building to which the application relates.

(7) Where a building control authority, having considered an application for a disability access certificate, are disposed to granting such certificate subject to any modification of the plans, calculations, specifications or particulars to which the application relates, they may require the applicant to submit to them revised plans, specifications, or other particulars providing for such modification and may decide to grant a disability access certificate in respect of such revised plans, specifications or particulars so submitted.

(8) (a) A building control authority shall, having considered an application for a disability access certificate, grant such certificate, with or without conditions or refuse to grant the certificate, as the case may be.

(b) A disability access certificate granted under this Part shall only be construed as certifying that the building or works, if constructed in accordance with the plans, documents and information submitted, would comply with the requirements of Part M of the Second Schedule to the Building Regulations.

(9) Where a building control authority decide to grant a disability access certificate, with or without conditions, the form specified for that purpose in the Fourth Schedule or a form substantially to the like effect, shall be the form of every such certificate and where the disability access certificate is granted subject to conditions, they shall inform the applicant in writing of the reasons therefor.

(10) Where a building control authority decide to refuse to grant a disability access certificate, they shall notify the applicant in writing of their decision and the reasons therefor.

(11) Where a building control authority grant a disability access certificate with conditions, or refuse to grant a disability access certificate, they shall notify the applicant in writing that he may appeal to the Board against the decision of the building control authority within the period prescribed in Part VI.”

Amendment of Article 20E of the Principal Regulations

12. The Principal Regulations are amended by substituting for Article 20E the following –

“(1) A revised disability access certificate shall be required where significant revision is made to the design or works of a building or an extension of, a material alteration to or a material change of use of a building in respect of which a disability access certificate has been granted by a building control authority.

(2) (a) An application for a revised disability access certificate shall be filed electronically on the Building Control Management System or set out in the form specified for that purpose in the Third Schedule.

(b) Subject to subparagraph (c), an application for a revised disability access certificate shall be accompanied by—

(i) such revised plans, (including a site or layout plan)(in duplicate) and such other revised particulars as are necessary to—

(I) identify and describe the works or building to which the application relates,

(II) enable the building control authority to assess, whether the said works or building would, if constructed in accordance with the said plans and other particulars, comply with the requirements of Part M of the Second Schedule to the Building Regulations,

(III) identify the nature and extent of the proposed use and, where appropriate, of the existing use of the building concerned, and

(ii) such fee as may from time to time be prescribed for that purpose in Part V of these Regulations.

(c) Where an application and the documents that accompanied the application are filed electronically on the Building Control Management System, duplicate copies are not required.

(3) (a) On receipt of an application for a revised disability access certificate, a building control authority shall—

(i) record the date of receipt of the application and all the documents that accompanied the application, and

(ii) consider whether the application complies with the requirements of paragraph (2).

(b) Where a building control authority consider that an application for a revised disability access certificate complies with the requirements of paragraph (2), they shall send to the applicant an acknowledgement in writing stating the date of receipt of the application.

(c) Where a building control authority consider that an application for a revised disability access certificate does not comply with paragraph (2), they may, as they consider appropriate, having regard to the extent of the failure to comply with the said paragraph, by notice in writing—

(i) inform the applicant that the application is invalid and cannot be considered by the building control authority, or

(ii) require the applicant to furnish such further plans, calculations, specifications or particulars, or such additional fee, as may be necessary to comply with the said article.

(d) Where a building control authority serve a notice in accordance with subparagraph (c)(i), they shall return to the applicant the fee which accompanied the application, and

(i) where the application has been filed electronically on the Building Control Management System, delete the application and all the documents that accompanied the application, or

(ii) where the application has not been filed electronically on the Building Control Management System, return to the applicant, the application and all the documents that accompanied the application.

(4) Article 20D(6), 20D(7) and 20D(8) shall apply mutatis mutandisas if any reference therein to an application or an application for a disability access certificate were a reference to an application for a revised disability access certificate and any reference to a certificate or a disability access certificate shall be construed accordingly.

(5) Where a building control authority decide to grant a revised disability access certificate with or without conditions, the form specified for that purpose in the Fourth Schedule to the Principal Regulations or a form substantially to the like effect, shall be the form of every such certificate and where the revised disability access certificate is granted subject to conditions, they shall inform the applicant in writing of the reasons therefor.

(6) Where a building control authority decide to refuse to grant a revised disability access certificate, they shall notify the applicant in writing of their decision and the reasons therefor.

(7) Where a building control authority grant a revised disability access certificate with conditions, or refuse to grant a revised disability access certificate, they shall notify the applicant in writing that he may appeal to the Board against the decision of the building control authority within the period prescribed in Part VI.”

Amendment of Third Schedule to the Principal Regulations

13. The Principal Regulations are amended –

(a) by substituting for the Form of Application for a Fire Safety Certificate set out in the Third Schedule the following:

FORM OF APPLICATION FOR A FIRE SAFETY CERTIFICATE

(Article 13)

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This application form must be accompanied by documents that clearly identify and describe the works or building to which the application relates.”

(b) by substituting for the Form of Application for a Revised Fire Safety Certificate set out in the Third Schedule the following:

FORM OF APPLICATION FOR A REVISED FIRE SAFETY CERTIFICATE

Article 20B(2)

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This application form must be accompanied by documents that clearly identify and describe the works or building to which the application relates.”

(c) by substituting for the Form of Application for a Regularisation Certificate set out in the Third Schedule the following:

FORM OF APPLICATION FOR A REGULARISATION CERTIFICATE

Article 20C(2)

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Note:-

1. This Application Form for a Regularisation Certificate must be accompanied by a Statutory Declaration.

2. This application form must be accompanied by documents that clearly identify and describe the works or building, as they have been commenced or constructed.”

(d) by substituting for the Form of Statutory Declaration for a Regularisation Certificate set out in the Third Schedule the following:

FORM OF STATUTORY DECLARATION FOR A REGULARISATION CERTIFICATE.

Article 20C(2)

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(e) by substituting for the Form of Application for a Disability Access Certificate set out in the Third Schedule the following:

FORM OF APPLICATION FOR A DISABILITY ACCESS CERTIFICATE

Article 20D(4)

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/images/en.si.2021.0229.0012.jpg

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This application form must be accompanied by documents that clearly identify and describe the works or building to which the application relates.”

(f) by substituting for the Form of Application for a Revised Disability Access Certificate set out in the Third Schedule the following:

FORM OF APPLICATION FOR A REVISED DISABILITY ACCESS CERTIFICATE

Article 20E(2)

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This application form must be accompanied by documents that clearly identify and describe the works or building to which the application relates.”

Amendment of Fourth Schedule to the Principal Regulations

14. The Principal Regulations are amended by substituting for the Fourth Schedule the following:

“FOURTH SCHEDULE

FORM OF FIRE SAFETY CERTIFICATE, FORM OF REVISED FIRE SAFETY CERTIFICATE, FORM OF REGULARISATION CERTIFICATE, FORM OF DISABILITY ACCESS CERTIFICATE AND FORM OF REVISED DISABILITY ACCESS CERTIFICATE

FORM OF FIRE SAFETY CERTIFICATE

Article 18

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FORM OF REVISED FIRE SAFETY CERTIFICATE

Article 20B(6)

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FORM OF REGULARISATION CERTIFICATE

Article 20C(7)

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FORM OF DISABILITY ACCESS CERTIFICATE

Article 20D(9)

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FORM OF REVISED DISABILITY ACCESS CERTIFICATE

Article 20E(5)

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GIVEN under my hand,

12 May 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.)

These Regulations amend certain provisions of the Building Control Regulations (the “Principal Regulations”) to enable certain applications to be filed electronically on the Building Control Management System. The key changes include:

1. The enabling of applications for a fire safety certificate, revised fire safety certificate, regularisation certificate, disability access certificate and a revised disability access certificate to be filed electronically on the Building Control Management System,

2. Amendments to ensure that all notices issued from the building control authority to the applicant must be in writing (as defined in Part 1 of the Schedule to the Interpretation Act 2005 ),

3. The enabling of the electronic filing of the 7 day notice statutory declaration and a Regularisation Certificate statutory declaration on the Building Control Management System,

4. Alignment with the requirements of the other parts of the Principal Regulations to refund to the applicant, the application fee for a 7 day notice, where the building control authority declares the application invalid,

5. Amendment of the associated forms in the Third and Fourth Schedule to facilitate the online application process.

The operative date of these Regulations is 1 July 2021.