The Gazette 1992

GAZETTE

JUNE 1992

The Building Control Act, 1990 and the New Building Control Regulations

by Joan Fagan, Solicitor, William Fry and John Furlong, Solicitor, William Fry. The current system of building bye- laws, enforced by only a number of sanitary authorities, was established by the Public Health (Ireland) Act, 1878. The Local Government (Planning and Development) Act, 1963 provided for the making of regulations for a variety of purposes which would establish a comprehensive code of building standards throughout the State. However, while draft building regulations were circulated by the Minister for the Environment in 1981, the necessary orders were never made. Until now, there has not been a substantive code, statutorily enforced and on a national level to regulate building and construction requirements. The Building Control Act, 1990 was originally introduced as the Building Control Bill, 1984. Its urgent implementation was recommended in the Report of the Task Force on Multi Storey Buildings in 1988. After substantial revision during its passage through the Oireachtas, the Bill was signed into law in March, 1990. Commencement Sections 1, 2, 3, 4, 6, 7, 14, 15, 18, 19, 20, 21 and 25 became operative on 4 December, 1991. The rest of the Act is to become operative on 1 June, 1992. Purpose of the Act The Building Control Act, 1990 has three main purposes: • to replace the existing system of building bye laws (applicable in particular areas) with a national building control system,

• The Corporation of Dunlaoghaire

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• The Corporation of any other Borough and the Council of any Urban District which is, on 4 December, 1991, a Fire Authority. Ministerial Regulations The Act enables the Minister for the Environment to make a wide range of regulations concerning the construction of buildings. Section 3 of the Act empowers the Minister to make regulations concerning the:-

• design and construction of buildings;

John Furlong

• material alteration or extension of buildings; and

• to improve the regulation of building standards by providing for additional matters including energy conservation, the needs of the disabled, the efficient use of resources and the encouragement of good building practice. In particular, the Act enables the Minister to make fire safety a central feature of Building Regulations, • the designation of a range of Local Authorities as Building Control Authorities providing for the alignment of existing Fire Authorities (under the Fire Services Act, 1981) with Building Control Authorities. Building Control Authorities Section 2 of the Act designates certain Local Authorities as Building Control Authorities. With effect from 4 December, 1991, the following are deemed to be Building Control Authorities:-

• provision of services and material change of use of buildings;

Such regulations are to be directed towards health, safety and welfare; the special needs of disabled persons; energy conservation; efficient use of resources; and the promotion of good building practice. To date, two sets of regulations have issued being:- • the Building Control Regulations 1991 (S.I. No. 305 of 1991) (the "Control Regulations"), • the Building Regulations 1991 (S.I. No. 306 of 1991) (the "Building Regulations"). Building Regulations The Building Regulations specify the requirements to be observed in the design and construction of certain buildings. The Building Regulations establish basic requirements under the following headings:-

• County Councils

• The Corporation of a County Borough

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