Building Control (Amendment) Regulations 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Building Control (Amendment) Regulations 2009.
(2) These Regulations, the Building Control Regulations 1997 ( S.I. No. 496 of 1997 ), the Building Control (Amendment) Regulations 2000 ( S.I. No. 10 of 2000 ), the Building Control (Amendment) Regulations 2004 ( S.I. No. 85 of 2004 ) may be construed as one and cited together as the Building Control Regulations 1997 to 2009.
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paragraphs: These Regulations shall come into effect on 1 October 2009 except for the provisions of Article 8 which shall come into effect on 1 January 2010.
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paragraphs: Article 3 of the Principal Regulations is amended by inserting the following after paragraph (4):—
“(5) (a) Parts IIIA and Parts IIIB, subject to the provisions of those Parts, apply to works or a building as regards which a material change of use takes place, where the works commence or the material change of use takes place on or after the date those Parts come into effect.
(b) Subparagraph (a) does not apply to Article 20C.”.
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paragraphs: (1) In these Regulations, any reference to a Schedule, Part or Article, which is not otherwise identified is a reference to a Schedule, Part or Article of these Regulations.
(2) In these Regulations, save where the context otherwise states:
(3) Article 5 of the Principal Regulations is amended by the substitution of the following for paragraph (4):
“(4) In these Regulations, save where the context otherwise requires—
“the Act” means the Building Control Act 1990 (No. 3 of 1990) as amended by the Building Control Act 2007 (No. 21 of 2007);
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, the use of land for turbary, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
“appeal” means an appeal to the Board under section 7(1)(a), 7(1)(b), 7(1)(d) or 7(1)(e) 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,
(b) an application for a fire safety certificate,
(c) an application for a revised fire safety certificate,
(d) an application for a regularisation certificate,
(e) an application for a disability access certificate, or
(f) an application for a revised disability access certificate.
“the Board” means An Bord Pleanala;
“building control authority” means a building control authority as defined in section 2 of the Act;
“Building Control Regulations, 1991 and 1994” means the Building Control Regulations, 1991 ( S.I. No. 305 of 1991 ) as amended by the Building Control (Amendment) Regulations, 1994 ( S.I. No. 153 of 1994 );
“Building Regulations” means the Building Regulations, 1997;
“commencement notice” means a notice referred to in section 6(2)(k) of the Act;
“day centre” means a building used for the provision of treatment or care to persons where such persons do not stay overnight and includes a day care centre, a pre-school, a creche, and a day nursery;
“disability access certificate” means a certificate referred to in section 6 (2)(a)(ix) of the Act;
“dispensation or relaxation” means a dispensation or a relaxation, under section 4 of the Act, from or of, as the case may be, any requirement of regulations made under section 3 of the Act;
“domestic garage” means a building ancillary to a dwelling which is used, or suitable for use, for the storage of a motor vehicle or vehicles and is not used for the purposes of any trade or business;
“drainage system” in relation to a building, means the system of pipes and drains used for the drainage of the building, including all other fittings, appliances and equipment so used but excluding subsoil water drains;
“an enforcement notice” means a notice served under section 8 of the Act;
“fire safety certificate” includes a certificate referred to in section 6(2)(a)(ii) of the Act;
“flat” means separate and self-contained premises constructed or adapted for residential use and forming part of a building from some other part of which it is divided horizontally;
“guest building” means a building (other than a hotel or hostel) providing overnight guest accommodation for reward, and includes a guesthouse;
“industrial building” includes a factory or other premises used for manufacturing, altering, repairing, cleaning, washing, breaking-up, adapting or processing any article, generating power or slaughtering livestock;
“institutional building” includes a hospital, nursing home, home for old people or for children, school or other similar establishment used as living accommodation or for the treatment, care or maintenance of persons suffering from illness or mental or physical disability or handicap, where such persons sleep on the premises;