Overview of Building Control Legislation

The legislative framework for the Building Control system is contained in the following:

1) The Building Control Acts, 1990 and 2007
2) Building Regulations 1997 to 2011
3) Building Control Regulations 1997 - 2009

The Building Control Acts 1990 and 2007

The Acts are the basis of Building Control and allow for the establishment of Building Control Authorities.  They empower the Minister to make Building Regulations and Building Control Regulations. The Acts also empower a Building Control Authority to serve Enforcement Notices, to inspect works and buildings and to prosecute for non-compliance. The Building Control Acts established a statutory duty to design and construct in accordance with Building Regulations. Every building to which Building Regulations apply should be designed and constructed in accordance with the Building Regulations and the responsibility for compliance rests with builders, designers and owners.

Building Regulations 1997 to 2011

The Building Regulations set out the legal requirements for the design and construction of buildings. The Guidance to complying with the requirements is detailed in the Technical Guidance Documents. Adherence to the standards of the Technical Guidance Documents will usually indicate compliance with the requirements of the legislation. However, the adoption of an approach other than that outlined in the guidance is not precluded provided that the relevant requirements of the Regulations are complied with.

Building Control Regulations 1997 - 2009

The Building Control Regulations are procedural and administrative. Their purpose is to promote observance of the Building Regulations by supplementing the basic building control power of inspection and enforcement. They do this by requiring Commencement Notices for building works to be lodged with the Building Control Authority. They also require Fire Safety Certificates and Disability Access Certificates to be lodged with the Building Control Authority for certain buildings.

Kerry County Council, Co. Buildings, Rathass, Tralee

Phone: (066) 718 3500     Email: info@kerrycoco.ie

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