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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.
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 Act or of any Order or
Regulation made thereunder.
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.
Transitional Provisions
Section 22 of the Act provides
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
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