Building Control Act, 1990 (Appeals) Regulations, 1992.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Building Control Act, 1990 (Appeals) Regulations, 1992.
2 Commencement.
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paragraphs: These Regulations shall come into operation on the 1st day of June, 1992.
3 Interpretation.
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paragraphs: (1) In these Regulations, any reference to an article which is not otherwise identified is a reference to an article of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs.
(3) In these Regulations, a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.
(4) In these Regulations, save where the context otherwise requires—
"the Act" means the Building Control Act, 1990 ;
"appeal" means an appeal under section 7 (1) (a) or 7 (1) (b) of the Act;
"application" means—
( a ) an application under section 4 of the Act for a dispensation from, or a relaxation of, a requirement of Building Regulations, or
( b ) an application for a fire safety certificate;
"the Board" means An Bord PleanÃ¡la;
"building control authority" means a building control authority as defined in section 2 of the Act;
"Building Control Regulations" means the Building Control Regulations, 1991;
"Building Regulations" means the Building Regulations, 1991;
"fire safety certificate" means a certificate under section 6 (2) (a) (ii) of the Act;
"party" means a party to an appeal, namely—
( a ) the appellant,
( b ) the building control authority against whose decision an appeal is made,
and "parties" shall be construed accordingly;
"register" means a register pursuant to article 19 of the Building Control Regulations.
(5) Where a requirement of or under these Regulations requires submissions or observations to be made, or plans, documents, particulars or other information to be submitted to the Board within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, the submissions or observations, or plans, documents, particulars or other information (as the case may be) shall be regarded as having been received before the expiration of that period if received by the Board on the next following day on which the offices of the Board are open.
4 Provisions as to making of appeals.
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paragraphs: (1) An appeal shall—
( a ) be made in writing,
( b ) state the name and address of the appellant,
( c ) state the subject matter of the appeal,
( d ) state in full the grounds of appeal and the reasons, considerations and arguments on which they are based, and
( e ) be accompanied by such fee (if any) as may be payable in respect of such appeal in accordance with regulations under the Act.
(2) An appeal which does not comply with the requirements of sub-article (1) shall be invalid.
(3) Without prejudice to article 8, an appellant shall not be entitled to elaborate upon, or make further submissions in relation to, the grounds of appeal stated in the appeal or to submit further grounds of appeal and any such elaboration, submissions or further grounds of appeal that is or are received by the Board shall not be considered by it.
(4) ( a ) An appeal shall be accompanied by such documents, particulars or other information relating to the appeal as the appellant considers necessary or appropriate.
( b ) Without prejudice to article 9, the Board shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information which accompanied the appeal.
(5) An appeal shall be made by—
( a ) sending the appeal by registered prepaid post to the Board, or
( b ) leaving the appeal with an employee of the Board at the offices of the Board during office hours.
5 Time for appeals etc.
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paragraphs: (1) An appeal may be made within a period of one month beginning on the day of the decision of the building control authority on an application.
(2) An appeal received by the Board after the expiration of the period mentioned in sub-article (1) shall be invalid.
(3) Where the last day of the period specified in sub-article (1) is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, an appeal shall, notwithstanding sub-article (2), be valid as having been made in time if received by the Board on the next following day on which the offices of the Board are open.
6 Observations on appeals.
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paragraphs: (1) On receipt of an appeal the Board shall send a copy thereof to the building control authority against whose decision the appeal is made.
(2) A building control authority to whom a copy of an appeal has been sent under sub-article (1) may, within a period of one month beginning on the day on which a copy of the appeal is sent to it by the Board, make in writing to the Board such submissions or observations on the appeal as the authority thinks fit.
(3) Without prejudice to article 8, a building control authority shall not be entitled to elaborate upon any submissions or observations made in accordance with sub-article (2), or make further submissions or observations in relation to, the appeal and any such elaboration or submission that is or are received by the Board shall not be considered by it.
7 Documents, information, etc. in relation to appeals.
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paragraphs: (1) Where an appeal is made to the Board the building control authority concerned shall, within a period of fourteen days beginning on the day on which a copy of the appeal is sent to it by the Board, submit to the Board—
( a ) a copy of the application concerned and any plans, documents, particulars, evidence or further information received or obtained by it from the applicant,
( b ) a copy of any report prepared by or for the building control authority in relation to the application,
( c ) a copy of the decision of the building control authority on the application and a copy of the notification of the decision given to the applicant, and