The Gazette 1992

GAZETTE

JUNE 1992

applications for fire safety certificates. This register is to be available for public inspection. Section 7 of the Act grants a right of appeal to An Bord Pleanála in respect of applications made under the Act. Supervision and Certification Once the necessary commencement notice is served, Building Control Authorities are empowered to supervise the Regulations by inspection and enforcement on a random basis using the powers conferred on them by Section 11 of the Act. Section 6 of the Act empowers the Minister to make regulations concerning the submission to the relevant Building Control Authority of certificates of compliance with the Building Regulations and also requiring certificates of approval to be obtained from the relevant Building Control Authority in respect of works or material changes being carried out. It is not intended to operate these procedures and no regulations thereon are contemplated. Enforcement Section 8 of the Act which comes into force on the 1 June, 1992 provides that a Building Control Authority may serve an enforcement notice where a building or construction contravenes the Building Regulations. Such notice must be served within a specified time period (generally, 5 years after completion of the relevant works or the material change). The notice may require compliance with the Building Regulations and may direct removal, alteration or discontinuance of any works or prohibit the use of a building until specified precautions are taken. A right of appeal is granted to the District Court in respect of such enforcement orders. Failure to comply with an order will empower the Building Control Authority to enter into the building or works

and to take any action or do anything required by the notice.

the Act or of any Order or Regulation made thereunder.

Section 11 of the Act empowers certain authorised persons to enter, inspect, request information and take samples of any construction work or building. It is envisaged that Section 11 will be the main mechanism used by the Building Control Authorities to enforce the Regulations. In the event of a serious and imminent risk to health or safety or other serious risk a Building Control Authority may apply to the High Court under Section 12 of the Act for a suitable order, requiring the removal, alteration or making safe of the building or the discontinuance of the works and prohibiting the use of the building until it has been made safe. Section 13 of the Act which comes into force on 1 June, 1992 empowers the Minister to prohibit the use of such materials or classes of materials or such form of construction, equipment, fittings or services if he is satisfied that such use would be a danger to public health or safety or that such use would contravene any provision of Building Regulations. Sections 4 and 5 of the Act entitle Building Control Authorities and the Minister respectively to grant dispensations from the requirements of the Regulations, in certain circumstances. The Act provides for penalties in respect of offences arising from contravention of its provisions. Building Regulations Advisory Body Section 14 of the Act allows for the appointment by the Minister of an Advisory Body to advise on matters relating to the Regulations and such other advisory services as he may from time to time specify. Limitation and Civil Proceedings Section 21 of the Act provides that a person shall not be entitled to bring any civil proceedings pursuant to the Act by reason only of the contravention of any provision of

The Section does not alter any present law allowing liability to be determined by the courts having regard to the law of contract and the law of torts. Local Government (Multi-Storey Buildings) Act, 1988 Section 23 of the Act provides that Section 4 of the Local Government (Multi-Storey Buildings) Act, 1988 shall cease to apply to multi-storey buildings the construction of which is commenced on or after 1 June, 1992. Buildings constructed after 1 June, 1992 are to be taken out of the ambit of the 1988 Act and are instead to be controlled by the Building Regulations. In respect of multi-storey buildings, the construction of which is commenced after 1 June, 1992, the Control Regulations will apply. Paragraph A(3) of the 1st Schedule to the Building Regulations requires that a multi-storey building shall be so designed and constructed that in the event of an accident the structure will not be damaged to an extent disproportionate to the cause of the damage. The Technical Guidelines published by the Department of the Environment contain further detail on this point. essentially that no further bye-laws shall be made relating to matters dealt with in the Act. However, if the plans for a building, works or material change are deposited with the relevant Building Control Authority before the operative date (the date upon which the Regulations became effective in the particular area) then they will continue to be governed by the existing bye-laws rather than by the Regulations. Conveyancing Points Arising From The New Regulations In respect of works or material change carried out after 1 August, 1992, a Fire Safety Certificate must Transitional Provisions Section 22 of the Act provides

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