S.I. No 497 Building Regs 1997 Old

STATUTORY INSTRUMENTS.

S.I. No. 497 of 1997.

BUILDING REGULATIONS, 1997.

(Pn. 4753)

2 [497)

S.!. No. 497 of 1997.

BUILDING REGULATIONS, 1997.Article1. Citation.

2. Commencement.

3. Application.

4. Revocation.

5. Interpretation.

6. Rules for measurement.

7. Technical guidance documents.

8. Exemptions.

9. Design and construction of works and buildings.

10. New buildings.

11. Alterations and extensions.

12. Services, fittings and equipment.

13. Material changes of use.

14. Dispensation or relaxation.

FIRST SCHEDULE

REGULATIONS REVOKED

SECOND SCHEDULE

Part A — StructurePart B — Fire SafetyPart C — Site preparation and resistance to moisturePart D — Materials and workmanshipPart E — SoundPart F — VentilationPart G — Hygiene

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Part H — Drainage and waste water disposalPart J — Heat producing appliancesPart K — Stairways, ladders, ramps and guardsPart L — Conservation of fuel and energyPart M — Access for disabled people

THIRD SCHEDULE

EXEMPTED BUILoINGs

FOURTH SCHEDULE

FORM OF APPLICATION FOR A DISPENSATION FROM OR ARELAXATION OF, A REQUIREMENT OF BUILDING REGULATIONS

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S.l. No. 497 011997.

BUILDING REGULATIONS, 1997.

The Minister for the Environment and Local Government,in exercise of the powers conferred on him by sections 3, 4and 18 of the Building Control Act, 1990 (No. 3 of 1990),hereby makes the following Regulations:—

Cnatjon. 1. These Regulations may be cited as the Building Regu-.lations, 1997.

Cmmenccmcni. 2. These Regulations shall come into operation on the 1stday of July, 1998.

Application. 3. (1) Subject to sub-article (2), and article 8, these Regu-lations apply to works, or a building as regards which amaterial change of use takes place, where the works com-mence or the material change of use takes place on or afterthe date referred to in article 2.

(2) These Regulations shall not apply to works, or a build-ing as regards which a material change of use takes place,where—

(a) a Fire Safety Certificate under the Building ControlRegulations, 1991 and 1994, in respect of theworks or building, has been granted, and

(b) the works commence or the material change of usetakes place between the date referred to inarticle 2 and the 31st day of December, 2002.

Revocation, 4. (1) The regulations specified in the First Schedule arehereby revoked.

(2) Notwithstanding sub-article (1), the regulationsreferred to in the First Schedule shall, subject to the pro-visions of those regulations, continue to apply to works, ora building as regards which a material change of use takesplace, where—

(a) the works commence or the material change of usetakes, place before the date referred to in article2, or

Notice of the making of this Statutory Instrument waspublished in "Iris Oifigiáil" of 27th January, 1998.

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(b) the works or building fall within the descriptioncontained in article 3(2).

5. (1) In these Regulations, any reference to a Schedule, Intp.Itio.,.Part or article which is not otherwise identified is a referenceto a Schedule, Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article orparagraph which is not otherwise identified is a reference tothe sub-article or paragraph of the provision in which thereference occurs.

(3) In these Regulations, a reference to any enactmentshall be construed as a reference to that enactment asamended or adapted by any subsequent enactment.

(4) In these Regulations, save where the context other-wise requires—

"the Act" means the Building Control Act, 1990;

"agriculture" includes horticulture, fruit growing, seed grow-ing, 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 farmingof land), the use of land as grazing land, meadow land, osierland, market gardens and nursery grounds, the use of landfor turbary, and the use of land for woodlands where thatuse is ancillary to the farming of land for other agriculturalpurposes, and "agricultural" shall be construed accordingly;

"basement storey" means a storey which is below the groundstorey or, where there is no ground storey, means a storeythe top surface of the floor of which is situated at such alevel or levels that some point on its perimeter is more than1.2 metres below the level of the finished surface of theground adjoining the building in the vicinity of that point;

"Building Control Regulations, 1991 and 1994" means theBuilding Control Regulations, 1991 (S.!. No. 305 of 1991) asamended by the Building Control (Amendment) Regu-lations, 1994 (S.I. No. 153 of 1994);

"Construction Products Directive" means Directive89/106/EEC adopted by the Council of the European Com-munities on 21 December, 1988 (published in the OfficialJournal of the European Communities (No. L 40 Volume

6 [497]

32) of U February, 1989), as amended by Directive93/68/EEC of 22 July, 1993 (published in the Official Journal(No. L220 Volume 36) of 30 August, 1993);

"day centre" means a building used for the provision oftreatment or care to persons where such persons do not stayovernight and includes a day care centre, a creche, a pre-school and a day nursery;

"domestic garage" means a building ancillary to a dwellingwhich is used, or suitable for use, for the storage of a motorvehicle or vehicles and is not used for the purposes of anytrade or business;

"dwelling" means a house or flat forming a separate unit ofresidential accommodation;

"flat" means separate and self-contained premises con-structed or adapted for residential use and forming part of abuilding from some other part of which it is divided hori-zontally;

"ground storey" means a storey the top surface of the floorof which is situated at such a level or levels that no point onits perimeter is more than 1.2 metres below the level of thefinished surface of the ground adjoining the building in thevicinity of that point or, if there is more than one such storey,means the lowest of these;

"guest building" means a building (other than a hotel orhostel) providing overnight guest accommodation forreward, and includes a guesthouse;

"industrial building" includes a factory or other premisesused for manufacturing, altering, repairing, cleaning, wash-ing, breaking-up, adapting or processing any article, generat-ing power or slaughtering livestock;

"institutional building" includes a hospital, nursing home,home for old people or for children, school or other similarestablishment used as living accommodation or for the treat-ment, care or maintenance of persons suffering from illnessor mental or physical disability or handicap, where such per-sons sleep on the premises;

"material change of use" has the meaning assigned to it inarticle 13;

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"the Minister" means the Minister for the Environment andLocal Government;

"Office" includes premises used for the purpose of adminis-trative or clerical work (including writing, book keeping,sorting papers, filing, typing, duplicating, machine calculat-ing, drawing and the editorial preparation of matter for pub-lication, handling money (including banking and buildingsociety work) or telephone system operation);

"place of assembly" includes—

(a) a theatre, public library, hail or other building ofpublic resort used for social or recreationalpurposes,

(b) a non-residential school or other educational estab-lishment,

(c) a place of public worship,

(d) a public house, restaurant or similar premises usedfor the sale to members of the public of food ordrink for consumption on the premises,

but no building shall be treated as a place of assembly solelybecause it is a building to which members of the public areoccasionally admitted;

"repair or renewal" means works of maintenance or restor-ation of a routine nature relating to —

(a) the keeping of a building in good condition or work-ing order, or

(b) the return of the fabric of a building to its originalcondition;

"shop" includes a building used for retail or wholesale tradeor business (including retail sales by auction, self-selectionand over-the-counter wholesale trading, the business of lend-ing books or periodicals for gain and the business of a barberor hairdresser) and premises to which the public is invitedto deliver or to collect goods in connection with their hire,repair or other treatment, or where they themselves maycarry out such repairs or other treatments;

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"shopping centre" includes a building which comprises anumber of individually occupied premises to which commonaccess is provided principally for the benefit of shoppers;

"single storey building" means a building consisting of aground storey or a basement storey only;

"works" includes any act or operation in connection withthe construction, extension, alteration, repair or renewal ofa building.

Rok, for 6. In these Regulations—

"floor area" in relation to a building means the areabounded by the inner finished surfaces of the enclosingwalls, or, on any side where there is no enclosing wall, bythe outermost edge of the floor on that side and in calculat-ing the area of a building or part of a building there shall beincluded in such area the space occupied by any walls, shafts,ducts or structure within the area being measured;

"height of a building" (or of part of a building which is com-pletely separated throughout, both below and above ground,by a compartment wall or compartment walls in the samecontinuous vertical plane) means the height of such buildingor part measured from the mean level of the ground adjoin-ing the outside of the external wall of the building to thelevel of half the vertical height of the roof of the building orpart, or to the top of the walls or of the parapet (if any),whichever is the higher.

Tochnk.I 7. (1) The Minister may publish, or arrange to have pub-goidonco lished on his behalf, documents to be known as "technical

guidance documents" for the purpose of providing guidancewith respect to compliance with the requirements of any ofthe provisions of the Second Schedule.

(2) Subject to the provisions of sub-article (3), whereworks or a building to which these Regulations apply is orare designed and constructed in accordance with any guid-ance contained in a technical guidance document, this shall,prima facie, indicate compliance with the relevant require-ments of these Regulations.

(3) The provisions of any guidance contained in a techni-cal guidance document published under sub-article (1) con-cerning the use of a particular material, method of construc-tion or specification, shall not be construed as prohibiting

[497) 9

compliance with a requirement of these Regulations by theuse of any other suitable material, method of constructionor specification.

8. For the purposes of these Regulations, the following r.semphons.works or buildings are exempted from these Regulations—

(a) works in connection with a building referred to inthe Third Schedule, provided that, after theworks are carried out, such building is or con-tinues to be a building referred to in that Sched-ule, or

(b) a building referred to in the Third Schedule.

9. (1) Every works or building to which these Regulations Iign .ndapply shall be designed and constructed— "'I'.' l

buildings.(a) in accordance with the appropriate requirements set

out in the Second Schedule, and

(b) in such a manner as to avoid the breaching of anyother requirement of that Schedule.

(2) No works shall be carried out to a building whichwould cause a new or greater contravention in the buildingof any provision of these Regulations.

10. Subject to articles 3 and 8, these Regulations apply to New bsilding.all works in connection with (he design and construction ofevery new building.

11. (1) Subject to articles 3 and 8, these Regulations AlIe,.Iions.ndapply— nulunsions.

(a) to all works in connection with the material alter-ation or extension of a building, and

(b) to every part of a building affected by worksreferred to in paragraph (a) but only to theextent of prohibiting any works which wouldcause a new or greater contravention, in suchbuilding, of any provision of these Regulations.

(2) For the purposes of this article, "material alteration"means an alteration (other than a repair or renewal) wherethe work, or any part of the work, carried out by itself would

10 [497J

be subject to a requirement of Part A or B of the SecondSchedule.

srvc. rungs 12. Subject to articles 3 and 8, these Regulations apply to.ndqoqonnnt. all works in connection with the provision (by way of new

work or by way of replacement) in relation to a building ofservices, fittings and equipment in respect of which Parts 0,H or J of the Second Schedule impose a requirement.

M.trIdngn 13. (1) Subject to articles 3 and 8, where a material°' usn. change of use as regards a building takes place—

(a) the requirements of the following Parts of theSecond Schedule:

Part Al and A2

Part B

Part C4

Part F

Part 0

Part H

Part J

Part L

shall apply to the building.

(b) such works, if any, as are necessary to ensure thatthe building complies with the said requirements,shall be carried out in accordance with article 11.

(2) A material change of use as regards a building shallbe deemed to take place if—

(a) a change of use, deemed by Section 3(3) of the Actto be a material change of use, takes place, or

(b) a building which was not being used as—

(i) a day centre, becomes so used, or

(ii) a hotel, hostel or guest building, becomes soused, or

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(iii) an industrial building, becomes so used, or

(iv) an institutional building, becomes so used, or

(v) an office (which is not ancillary to the primary use of the building), becomes so used,or

(vi) a place of assembly, becomes so used, or

(vii) a shop (which is not ancillary to the primaryuse of the building), becomes so used, or

(viii) a shopping centre, becomes so used.

14. Every application for a dispensation from, or a relax- Dj,n,tiono,ation of, any requirement of these Regulations shall be in '''°'the form set out in the Fourth Schedule.

FIRST SCHEDULE Artrfr4

REGULATIONS REVOKED

Number and Year Title

SI. No. 306 of 1991 Building Regulations. 1991Si. No. 154 of 1994 Building Regulations (Amendment)

Regulations, 1994

SECOND SCHEDULE A,fl,fr7

PART A

STRUCrURE

Al (1) A building shall be designed and constructed, with todng.due regard to the theory and practice of structural engineer-ing, so as to ensure that the combined dead, imposed andwind loads are sustained and transmitted to the ground—

(a) safely, and

(b) without causing such deflection or deformation ofany part of the building, or such movement of

12 [4971

the ground, as will impair the stability of any partof another building.

(2) In assessing whether a building complies with sub-paragraph (1), regard shall be had to the imposed loads andwind loads to which it is likely to be subjected in the ordinarycourse of its use for the purpose for which it is intended.

Ground A2 A building shall be designed and constructed, withdue regard to the theory and practice of structural engineer-ing, so as to ensure that movements of the subsoil caused bysubsidence, swelling, shrinkage or freezing will not impairthe stability of any part of the building.

DOSOIO A3 (1) A multi-storey building shall be designed and con-collapse. structed, with due regard to the theory and practice of struc-

tural engineering, so as to ensure that in the event of anaccident the structure will not be damaged to an extent dis-proportionate to the cause of the damage.

(2) For the purposes of sub-paragraph (1), where a build-ing is rendered structurally discontinuous by a vertical joint,the building on each side of the joint may be treated as aseparate building whether or not such joint passes throughthe substructure.

Definitions for A4 In this Part—this Pan.

"dead load" means the force due to the static mass of allwalls, permanent partitions, floors, roofs and finishes includ-ing all other permanent construction and services equipmentaffixed to the building;

"imposed load" means the load assumed to be produced bythe intended occupancy or use of the building including dis-tributed, concentrated, impact, inertia and snow loads andthe force due to the static mass of moveable partitions, butexcluding wind loads;

"multi-storey building" means a building comprising orincluding five or more storeys, a basement storey beingregarded as a storey;

"storey" means any of the parts into which a building is div-ided horizontally above or below ground level but excludingany part of a building situated above the level of the roof orin the roofspace, or below the level of the lowest floor, which

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is intended for the protection of a water tank, or lift motor,or similar use and is not intended for, or adapted to be usedfor habitable purposes, or as a work room; or as a storeroom;

"wind load" means all loads due to the effect of wind press-ure or suction.

PART B

FIRE SAFETY

Bi A building shall be so designed and constructed thatthere are adequate means of escape incase of fire from thebuilding to a place of safety outside the building, capable ofbeing safely and effectively used.

B2 For the purpose of inhibiting the spread of fire within Intn.I 1,,ea building, the internal linings— pd (lining,).

(a) shall offer adequate resistance to the spread offlame over their surfaces; and

(b) shall have, if ignited, a rate of heat release which isreasonable in the circumstances.

B3 (1) A building shall be so designed and constructed InInllithat, in the event of fire, its stability will be maintained for 'P'a reasonable period. (flncturn).

(2) (a) A wall common to two or more buildings shall beso designed and constructed that it offersadequate resistance to the spread of lire betweenthose buildings.

(b) A building shall be sub-divided with fire resistingconstruction where this is necessary to inhibit thespread of fire within the building.

(3) A building shall be so designed and constructed thatthe unseen spread of fire and smoke within concealed spacesin its structure or fabric is inhibited where necessary.

(4) For the purposes of sub-paragraph 2(a), a house in aterrace and a semi-detached house are each to be treated asbeing a separate building.

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nrc 84 The external walls and roof of a building shall be so,prc.d. designed and constructed that they afford adequate resist-

ance to the spread of fire to and from neighbouringbuildings.

B5 A building shall be so designed and constructed thatfdIitit ot thO there is adequate provision for access for fire appliances and

for such other facilities as may be reasonably required toassist the fire service in the protection of life and property.

PART C

SITE PREPARATION AND RESISTANCE TOMOISTURE

Prcparal.onot CI The ground to be covered by a building shall bereasonably free from vegetable matter.

Subsoil drainage. C2 Subsoil drainage shall be provided if necessary so asto prevent the passage of ground moisture to the interior ofthe building or damage to the fabric of the building.

D.ngeroan C3 Reasonable precautions shall be taken to avoid danger.ubsiuncr,. to health and safety caused by substances (including

contaminants) found on or in the ground to be covered by abuilding.

Rr,istancc , C4 The floors, walls and roof of a building shall be soweather and designed and constructed as to prevent the passage of moist-ground moisture. .

ure to the inside of the building or damage to the fabric ofthe building.

Delinlitons tar C5 In this Part—thin Purl.

"contaminant" includes any substance which is or couldbecome flammable, explosive, corrosive, toxic or radioactiveand any deposits of faecal or animal matter;

"floor" includes any base or structure between the surfaceof the ground or the surface of any hardcore laid upon theground and the upper surface of the floor and includes fin-ishes which are laid as part of the permanent construction;

"moisture" includes water vapour and liquid water.

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PART D

MATERIALS AND WORKMANSHIP

Dl All works to which these Regulations apply shall be Maraiandcarried out with proper materials and in a workmanlike workman3hp.manner.

D2 In this Part— (ortint Part.

"proper materials" means materials which are fit for the usefor which they are intended and for the conditions in whichthey are to be used, and includes materials which—

(a) bear a CE Marking in accordance with the pro-visions of the Construction Products Directive;or

(b) comply with an appropriate harmonized standard,European technical approval or national techni-cal specification as defined in article 4(2) of theConstruction Products Directive; or

(c) comply with an appropriate Irish Standard or IrishAgrément Board Certificate or with an alterna-tive national technical specification of any Statewhich is a contracting party to the Agreement onthe European Economic Area, which provides inuse an equivalent level of safety and suitability.

"Agreement on the European Economic Area" means theAgreement on the European Economic Area between theEuropean Communities, their Member States and theRepublic of Austria, the Republic of Finland, the Republicof Iceland, the Principality of Liechtenstein, the Kingdom ofNorway. the Kingdom of Sweden and the Swiss Confeder-ation, as published in the Official Journal of the EuropeanCommunities (OJ L1/9 of 3rd January, 1994).

PART E

SOUND

El (I) A wall which— rbomr,oimdwaII,.

(a) separates a dwelling from another dwelling or fromanother building, or

16 14971

(b) separates a habitable room within a dwelling fromanother part of the same building which is notused exclusively with the dwelling,

shall have reasonable resistance to airborne sound.

(2) The requirement of sub-paragraph (1) shall not applyto a wall falling within the description in sub-paragraph(1)(b) which separates a habitable room within a dwellingfrom another part of the same building if such part is usedonly occasionally for the inspection, maintenance or repairof the building, or of its services, fixed plant or machinery.

Airbo,oo,oond E2 (1) A floor which separates a dwelling from anotherdwelling, or from another part of the same building which isnot used exclusively with the dwelling, shall have reasonableresistance to airborne sound.

(2) The requirement of sub-paragraph (1) shall not applyto a floor which separates a dwelling from another part ofthe same building if such part is used only occasionally forthe inspection, maintenance or repair of the building, or ofits services, fixed plant or machinery.

lnpf ,oond E3 (1) A floor above a dwelling which separates it fromanother dwelling or from another part of the same buildingwhich is not used exclusively with the dwelling, shall havereasonable resistance to impact sound.

(2) The requirement of sub-paragraph (1) shall not applyto a floor which separates a dwelling from another part ofthe same building if such part is used only occasionally forthe inspection, maintenance or repair of the building, or ofits services, fixed plant or machinery.

Defindion, for E4 In this Part—thin Pn,t.

"habitable room" means a room used for living or sleepingpurposes but does not include a kitchen having a floor areaof less than 6.5 m2;

"kitchen" means any room used primarily for the prep-aration or cooking of food or drink or the cleansing of uten-sils or appliances used in such preparation or cooking.

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PART F

VENTILATION

F! Adequate means of ventilation shall be provided for M,ofpeople in buildings.

F2 Adequate provision shall be made to prevent excessive Conn,ation fl

condensation in a roof or in a roof void above an insulated '°°ceiling.

PART 0

HYGIENE

GI A dwelling shall be provided with—kiIchns.

(a) a bathroom containing either a fixed bath or ashower bath, and a washbasin, and

(b) a kitchen containing a sink of adequate size and adraining board, and

(c) a suitable installation for the provision of hot andcold water to the bath or shower bath, washbasinand sink.

G2 (1) Adequate sanitary conveniences shall be provided Sflnityin a building in rooms provided for that purpose, or in bath- onvniflnnndrooms, and every room or bathroom which contains a sani-

'' 'g .°

tary convenience shall be adequately separated from anyplace where food is prepared or cooked.

(2) Adequate washbasins shall be provided in—

(a) rooms containing sanitary conveniences; or

(b) rooms or spaces adjacent to rooms containing sani-tary conveniences.

(3) There shall be a suitable installation for the provisionof hot and cold water to washbasins provided in accordancewith sub-paragraph (2).

(4) Sanitary conveniences and washbasins shall be of suchdesign and be so installed as to allow for effective cleaning.

18 j497J

n,rinIi,,n to, G3 In this Part, "sanitary convenience" means a water•b, closet or a urinal.

PART I-I

DRAINAGE AND WASTE WATER DISPOSAL

Hi (1) A building shall be provided with such a drainagesystem as may be necessary for the hygienic and adequatedisposal of foul water from the building.

(2) A building shall be provided with such a drainage sys-tem as may be necessary for the adequate disposal of surfacewater from the building.

(3) No part of a drainage system conveying foul watershall be connected to a sewer reserved for surface water andno part of a drainage system conveying surface water shallbe connected to a sewer reserved for foul water.

Soplic H2 A septic tank shall be—

(a) of adequate capacity and so constructed that it isimpermeable to liquids;

(b) adequately ventilated; and

(c) so sited and constructed that—

(i) it is not prejudicial to the health of anyperson,

(ii) it does not pollute, so as to endanger publichealth, any water (including ground water)which is used as a source of supply forhuman consumption, and

(iii) there are adequate means of access foremptying.

l),IiO,n to, 1-13 In this Part—Ibis Pan.

"combined drain" has the same meaning as in Section 10 ofthe Local Government (Sanitary Services) Act, 1948 (No. 3of 1948);

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"drain" in relation to a building means any pipe, formingpart of the drainage system of the building, which is either—

(a) wholly underground, or

(b) a continuation, in the direction of flow, of part of adrainage system that has been underground,

and includes a "combined drain";

"drainage system", in relation to a building, means the sys-tem of pipes and drains used for the drainage of the building,including all other fittings, appliances and equipment so usedbut excluding subsoil water drains;

"foul water" means any water contaminated by soil water,waste water or trade effluent;

"sewer'.' has the same meaning as in the Local Government(Sanitary Services) Acts, 1878 to 1964;

"soil water" means water containing excreted matter,whether human or animal;

"surface water" means the run-off of rainwater from roofsand any paved ground surface around the building;

"trade effluent" means effluent from any works, apparatus,plant or drainage pipe used for the disposal to waters or toa sewer of any liquid (whether treated or untreated), eitherwith or without particles of matter in suspension therein,which is discharged from premises used for carrying on anytrade or industry (including mining), but does not includedomestic sewage or surface water;

"waste water" means used water not being soil water ortrade effluent.

PART J

I-fEAT PRODUCING APPLIANCES

ii A heat producing appliance shall be so installed that Ai, ppIy.there is an adequate supply of air to it for combustion andfor the efficient working of any flue pipe or chimney.

20 [497]

l)ich,go of J2 A heat producing appliance shall have adequate pro-vision for the discharge of the products of combustion to theoutside air.

P,oIIionof J3 A heat producing appliance and any flue pipe shall beboldng so designed and installed, and any fire place and any chim-

ney shall be so designed and constructed, as to reduce toa reasonable level the risk of the building catching fire inconsequence of its use.

Oil ,to,ogo . J4 A fixed oil storage tank which serves a heat producingappliance shall be so located as to reduce to a reasonablelevel the risk of fire spreading from a building to the tank.

oniion ,, J5 In this Part, "heat producing appliance" means anappliance (including a cooker and an open fire) which isdesigned to burn solid fuel, oil or gas and includes anincinerator.

PART K

STAIRWAYS, LADDERS, RAMPS AND GUARDS

SIiwyt.ddo,, Ki Stairways, ladders and ramps shall be such as to afford.od .mp.. safe passage for the users of a building.

K2 In a building, the sides of every floor and balcony andf.llng. every part of a roof to which people normally have access

shall be guarded to protect users from the risk of fallingtherefrom.

Vhick rmp. K3 In a building, the sides of every vehicle ramp andfloo nd ,,oh. every floor and roof to which vehicles have access shall be

guarded against the risk of vehicles falling therefrom.

ApplicOtonof K4 The requirements of this Part apply to stairways, lad-ho ders and ramps which form part of the structure of a

building.

PART L

CONSERVATION OF FUEL AND ENERGY

Conno,n.ljon ot LI A building shall be so designed and constructed as tofod nod onongy. secure, insofar as is reasonably practicable, the conservation

of fuel and energy.

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PART M

ACCESS FOR DISABLED PEOPLE

Ml Reasonable provision shall be made to enable dis- AC ..iabled people to have safe and independent access to a build-ing and to those parts of the building to which it is appropri-ate to have access.

M2 If sanitary conveniences are provided in a building, Sanuareasonable provision shall be made for disabled people.

M3 If a building contains fixed seating for audience or AdiCI.CCspectators, reasonable provision shall be made for disabledpeople.

M4 In this Part, "disabled people" means people who oiinIio.ro,have an impairment of hearing or sight or an impairment this Pitt.which limits their ability to walk or which restricts them tousing a wheelchair.

M5 This Part does not apply to dwellings. AppIic.ion ofthis Pitt.

A,nl.' 8

22 [497]

THIRD SCHEDULE

EX1MPTED BUILDINGS

Column I

t)escripuon of Development

Column 2

Conditions and Limitations

Buildings related to dwellings

CLASS 1A single storey building used as adomestic garage.

CLASS 2A single storey building (not being abuilding described in Class 1) ancillaryto a dwelling (such as a summer house,poultry-house, aviary, conservatory, coalshed, garden tool shed or bicycle shed).

CLASS 3A single storey extension to an existingdwelling which is ancillary to thedwelling and consists of a conservatory,porch, carport or covered area.

1. The building shall bedetached from any otherbuilding.

2. The building shall have afloor area not exceeding 25square metres,

3. The building shall have aheight not exceeding 3metres, or, in the case of abuilding with a pitched root,not exceeding 4 metres.


2. The building shall have afloor area not exceeding 25square metres.

3. The building shall have aheight not exceeding 3metres, or in the case of abuilding with a pitched root,not exceeding 4 metres.

4. The building shall be usedexclusively for recreationalor storage purposes or thekeeping of plants, birds oranimals for domesticpurposes and shall not beused for the purposes of anytrade or business oi forhuman habitation.

I. The building shall have afloor area not exceeding 25square metres (or in the caseof a porch. 2 square metres).

2. The building shall have aheight not exceeding 3metres, or in the case of abuilding with a pitched roof,not exceeding 4 metres.

1497] 23

Column I

Descnption of Development

Column 2


Buildings related to agriculture

CLASS 4A single storey glasshouse (not being abuilding descnbed in Class 2).

CLASS 5A single storey building which is usedexclusively for the storage of materialsor products, for the accommodation ofplant or machinery or in connectionwith the housing, care or managementof livestock.

Miscellaneous

CLASS6A building erected in connection withany mine or quarry other than a houseor a building used as offices,laboratories or showrooms.

CLASS 7A building the construction of which issubject to the Explosives Act, 1875.

CLASS 8A building subject to the NationalMonuments Acts, 1930 to 1994.


2. Not less than three quartersof the total external area ofthe building shall becomprised of glass (includingglazing bars).

3. The building shall be usedsolely for agriculture.


2. The building shall have afloor area not exceeding 300square metres.

3. The building is used solelyfor agriculture.

4. The only persons habituallyemployed in the buildingshall be engaged solely inthe care, supervision,regulation, maintenance.storage or removal of thematerials, products, plant,machinery or livestock in thebuilding.

9CLASSA building constructed for and used bythe Electricity Supply 8oard as agenerating, transmission or distributionstation.

CLASS 10A temporary dwelling as defined in theLocal Government (Sanitary Services)Act, 1948 (No. 3 of 1948).

CLASS 11A temporary building used only inConnection with the sale or letting ofbuildings or building plots in course ofdevelopment.

CLASS 12A temporary building which is usedonly in connection with and during theconstruction, alteration, extension orrepair of any building or other work.

CLASS 13A building of a temporary natureerected on a Site for a period notexceeding 28 consecutive days or 60days in any period of 12 months.

CLASS 14A lighthouse or similar structure whichis an aid to navigation on water.

The building shall bedetached from any otherbuilding.

2. The building shall be erectedon or in close proximity tothe development.

24 [497]

Column I

Description of Development

Column 2


[497] 25

FOURTH SCHEDULE A,iick 14

FORM OF APPLICATION FOR A DISPENSATION FROM, OR ARELAXATION OF, A REQUIREMENT OF BUILDING REGULATIONS

BUILDING CONTROL ACr, 1990

APPLICATION FOR A DISPENSATION FROM, OR RELAXATIONOF, A REQUIREMEPif OF BUILDING REGULATIONS

OFFICIAL USEReceived on ___________Ref. No: __________

To _________________________ Entered in(Insert name atbuilding control authority) register on:

Application is hereby made under Section 4 of the Building Control Act.1990, For the grant of a dispensation from, or a relaxation of a require-ment of the Building Regulations, 1997. as specified below, in connec-tion with the works or building shown on the accompanying plans.

1. Address (or other necessary identification) of proposed works orbuilding to which the application relates.

2. Nature of proposed works or building

(a) Classification (please tick as appropriate)—

• Construction of new building El• Material alterations U• Material change of use [I]• Extension to a building El

(b) Brief description

3. In the case of a material change of use, the—

(a) Existing use of the building

(b) Proposed use of the building

4. Has the work already been carried out? ______________________

5. Decision sought (please tick as appropriate)

• dispensation El• relaxation El

26 [4971

6. Requirement(s) of Building Regulations concerned

7. Grounds for the application

8. Name and address of person/s or firm/s responsible for preparationof plans, calculations and specifications.

APPLICANT: FULL NAME __________________

ADDRESS __________________

SIGNATURE __________________

TELEPHONE NO _____ DATE ______

GIVEN under the Official Seal of the MinisterL.S. for the Environment and Local Government

this 2th day of December, 1997.

NOEL DEMPSEY,Minister for the Environment andLocal Government.

[497) 27

EXPLANATORY NOTE.

(This note is not part of the instrument and does not pur-port o be a legal interpretation.)

The Regulations set out the requirements to be observedin the design and construction of new buildings and theextension, refurbishment and change of use of certainbuildings.

The Regulations consolidate, with amendments, pro-visions of the Building Regulations, 1991, and the BuildingRegulations (Amendment) Regulations 1994.

The Regulations will come into operation on the 1st ofJuly, 1998.

BAILE ATHA CLIATHARNA FHOILSIU AG OIFIG AN tSOLATI-IAIR

Le ceannach direach onOIFIG I)HIOLTA FOILSEACHAN RIALTAIS,

TEACH SUN ALLIANCE, SRAID THEACI-I LAIGHEAN, BAILE An-IACLIATh 2,

nO trId an bpost 0

FOILSEACHAIN RIALTAIS, AN RANNOG POST-TRACI-ITA,4-5 BOTI-IAR FHEARCHAIR, SAlLE AmA CLIATH 2,

(Teil: 01 - 6613111 — to-line 4040/4045; Fax: 01 - 4752760)nO In aon dioltOir leabhar.

DUBLINPUBLISHED BY THE STATIONERY OFFICE

Td be purchased directly from theGOVERNMENT PUBLICATIONS SALE OFFICE.

SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2.or by mail order from

GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION,4-5 HARCOURT ROAD, DUBLIN 2,

(Tel: 01 -6613111 — ext. 4040/4045; Fax: 01 -4752760)or through any bookseller.

ISBN 0—7076—5240—5

Wi. 0944. 1500. 2/98. Cahill. (517827). (fl6.

28


S.!. No. 179 of 2000.

BUILDING REGULATIONS (AMENDMENT)REGULATIONS, 2000

(Pn. 8711)

29

2 [179J

S.I. No. 179 of 2000

BUILDING REGULATIONS (AMENDMENT)REGULATIONS, 2000

The Minister for the Environment and Local Government,in exercise of the powers conferred on him by Sections 3 and18 of the Building Control Act, 1990 (No. 3 of 1990), herebymakes the following Regulations:—

1. These Regulations may be cited as the Building Regu-lations (Amendment) Regulations, 2000.

2. These Regulations and the Building Regulations, 1997(S.!. No. 497 of 1997) shall be construed as one and citedtogether as the Building Regulations 1997 to 2000.

3. These Regulations shall come into operation on the 1stday of January, 2001.

4. (1) Subject to sub-article (2), these Regulations shallapply to works, where the works commence on or after the1st day of January, 2001.

(2) These Regulations shall not apply to works whichcommence on or after the 1st day of January, 2001, where—

(a) in the case of dwellings, where the works are thesubject of—

(i) a planning application made on or before the31st day of December, 2000 for planningpermission or approval pursuant to theLocal Government (Planning and Develop-ment) Acts, 1963 to 1999 and where substan-tial work has been completed by the 31st dayof December, 2003; or

(ii) a notice pursuant to the provisions of Part Xof the Local Government (Planning &Development) Regulations, 1994 (S.I. No.86 of 1994) which has been published on orbefore the 31st day of December, 2000 andwhere substantial work has been completedby the 31st day of December, 2003; and

Notice of the making of this Statutory Instrument waspublished in "Iris Oifigiáil" of 18th July, 2000.

30

[179] 3

(b) in the case of all other buildings, where a FireSafety Certificate under the Building ControlRegulations, in respect of the works or buildings,has been granted before the 1st day of January,2001 and where the works commence betweenthe 1st day of January, 2001 and the 31st day ofDecember, 2003.

5. In these Regulations—

"Building Control Regulations" means either theBuilding Control Regulations, 1991 and 1994 or theBuilding Control Regulations, 1997 (S.!. No. 496 of1997).

6. Part M to the Second Schedule to the Building Regu-lations, 1997 (S.!. No. 497 of 1997) is hereby amended by thesubstitution of the following for Part M:

"Part M

Access for People with Disabilities

Accessand Use Ml Adequate provision shall be made toenable people with disabilities to safely andindependently access and use a building.

ences M2 If sanitary conveniences are provided in abuilding, adequate provision shall be madefor people with disabilities.

UthCnCeor M3 If a building contains fixed seating for audi-

facilities ence or spectators, adequate provision shallbe made for people with disabilities.

Definition for this M4 In this Part, "people with disabilities"means people who have an impairment ofhearing or sight or an impairment whichlimits their ability to walk, or which restrictsthem to a wheelchair.

PPpcation of M5 Part M does not apply to works in connec-tion with extensions to and the materialalterations of existing dwellings, providedthat such works do not create a newdwelling."

31

4 [179]

GIVEN under the Official Seal of the MinisterL.S. for the Environment and Local Government

this 22nd day of June, 2000.

NOEL DEMPSEY,Minister for the Environment and LocalGovernment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purportto. be a legal interpretation.)

These Regulations amend Part M of the Building Regu-lations, 1997, by requiring that all new dwellings should bevisitable by people with disabilities. These Regulations willin general apply to dwellings commencing on or after 1 Janu-ary, 2001. The Regulations make a number of technicalamendments to the existing Part M of the Building Regu-lations, 1997.

32

BAILE ATHA CLIATHARNA FHOILSIU AG OIFIG AN tSOLATHAIR

Le ceannach dIreach onOIFIG DHIOLTA FOILSEACHAN RIALTAIS,

TEACH SUN ALLIANCE, SRAID THEACH LAIGHEAN, BAILE ATHACLIATH 2,

nO trid an bpost 0

FOILSEACHAIN RIALTAIS, AN RANNOG POST-TRACHTA,4-5 BOTHAR FHEARCHAIR, BAILE ATHA CLIATH 2,

(Teil: 01 - 6476834/35/36/37; Fax: 01 - 4752760)nO trI aon dioltOir leabhai.


To be purchased directly from theGOVERNMENT PUBLICATIONS SALE OFFICE,

SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2,or by mail order from

GOVERNMENT PUBLICATIONS, POSTAL TRADE SECf ION,4-5 HARCOURT ROAD, DUBLIN 2,

(Tel: 01 - 6476834/35/36/37; Fax: 01 - 4752760)or through any bookseller.

ISBN 0-7076-8632-6

€2.03

II9 80707 686325

Wt. 2090. 460. 9/00. Cahill. (B18986). G.30-16.

33


S.!. No. 249 of 2000.

BUILDING REGULATIONS (AMENDMENT) (NO.2)REGULATIONS, 2000

(Pn. 8905)

34

2 [249]

S.I. No. 249 of 2000.

BUILDING REGULATIONS (AMENDMENT) (NO.2)REGULATIONS, 2000.

The Minister for the Environment and Local Government,in exercise of the powers conferred on him by Section 3 and18 of the Building Control Act, 1990 (No. 3 of 1990) herebymakes the following Regulations:

1. These Regulations may be cited as the Building Regu-lations (Amendment) (No. 2) Regulations, 2000.

2. These Regulations and the Building Regulations, 1997(S.I. No. 497 of 1997) and the Building Regulations(Amendment) Regulations, 2000 (S.I. No. 179 of 2000) shallbe construed as one and cited together as the Building Regu-lations, 1997 to 2000.

3. These Regulations shall come into operation on the1st day of January 2001.

4. Part D of the Second Schedule to the Building Regu-lations, 1997 (S.I. No. 497 of 1997) is hereby amended by thesubstitution of the following for Part D.

PART D

MATERIALS AND WORKMANSHIPMaterials Dl All works to which these RegulationsWorkmanship apply shall be carried out with proper

materials, and in a workmanlikemanner.

D2 A letter plate aperture shall be so posi-tioned at a reasonable height aboveground level as not to endanger thehealth and safety of persons using suchapertures.

D3 In this Part "proper materials" meansmaterials which are fit for the use forwhich they are intended and for theconditions in which they are to be used,and includes materials which—

Notice of the making of this Statutory Instrument waspublished in "Iris Oifigiáil" of 19th September, 2000.

35

[249] 3

(a) bear a CE Marking in accordancewith the provisions of the Con-struction Products Directive; or

(b) comply with an appropriate har-monized standard, Europeantechnical approval or nationaltechnical specification as de-fined in article 4(2) of the Con-struction Products Directive; or

(c) comply with an appropriate IrishStandard or Irish AgrémentBoard Certificate or with analternative national technicalspecification of any State whichis a contracting part to theAgreement on the EuropeanEconomic Area, which providesin use an equivalent level ofsafety and suitabillity.

"Agreement on the European EconomicArea" means the Agreement on the Euro-pean Economic Area between the Euro-pean Communities, their Member Statesand the Republic of Austria, the Republicof Finland, the Republic of Iceland, theprincipality of Liechtenstein, the Kingdomof Norway, the Kingdom of Sweden and theSwiss confederation, as published in theOfficial Journal of the European Communi-ties (OJ L119 of 3 January, 1994)."

GWEN under the Official Seal of the MinisterL.S. for the Environment and Local Government

this 4th day of August, 2000.

NOEL DEMPSEY TD,Minister for the Environment and LocalGovernment.

36

4 [249]

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not pur-port to be a legal interpretation.)

These Regulations amend Part D of the Building Regu-lations, 1997, by requiring that letter plate apertures shall bepositioned at a reasonable height above ground level so asnot to endanger the health and safety of persons using suchapertures. These Regulations will apply to buildings com-mencing on or after 1 January, 2001.


Le ceannach dIreach onOIFIG DHIOLTA FOILSEACHAN RIALTAIS,


nO trId an bpost 6FOILSEACHAIN RIALTAIS, AN RANNOG POST-TRACHTA,

4-5 BOTHAR FHEARCHAIR, BAILE ATHA CLIATH 2,(Teil: 01 - 6476834/35/36/37; Fax: 01 - 4752760)

nO trI aon dIoltOir leabhar.





(Tel: 01 - 6476834/35/36/37; Fax: 01 - 4752760)or through any bookseller.

ISBN 0-7076-8753-5

80p €1.02

HI9 80707 687537

Wt. 2144. 460. 12/00. Cahill. (B19059). 0.30-16.

37


S.I. No. 441 of 2000.

BUILDING REGULATIONS (AMENDMENT) (No.3)REGULATIONS, 2000.

(Pn. 9355)

38

2 [441]

S.I. No. 441 of 2000.

BUILDING REGULATIONS (AMENDMENT) (No.3)REGULATIONS, 2000.

The Minister for the Environment and Local Government,in exercise of the powers conferred on him by Sections 3 and18 of the Building Control Act, 1990 (No. 3 of 1990), herebymakes the following Regulations—

1. These Regulations may be cited as the Building Regu-lations (Amendment) (No. 3) Regulations, 2000.

2. These Regulations shall come into operation on the 1stday of January 2001.

3. The Building Regulations, 1997 (S.I. No. 497 of 1997)are hereby amended by the substitution of the following forClass 9, Column 1, Article 8 of the Third Schedule(Exempted Buildings):

"A building constructed for and used by the ElectricitySupply Board as a generating, transmission or distri-bution station, or constructed for and used by a trans-mission system operator within the meaning of CouncilDirective 96/92/EC of the European Parliament and ofthe Council of 19th December 19961 concerning com-mon rules for the internal market in electricity, as atransmission station, or constructed by the holder of anauthorisation under section 16 of the Electricity Regu-lation Act, 1999, and used by the holder of a licenceunder section 14(1)(a) of the Electricity RegulationAct, 1999 as a generating station".

GIVEN under the Official Seal of the Mini-L.S. ster for the Environment and Local

Government this 19th day ofDecember, 2000.

NOEL DEMPSEY,Minister for the Environmentand Local Government.

Notice of the making of this Statutory Instrument waspublished in "Iris Oifigiáil" of 6th February, 2001.

'OJ L02730.1.1997

39

[441] 3

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not pur-port to be a legal interpretation.)

These regulations amend the Building Regulations, 1997,so as to extend the Class 9 building exemption from theElectricity Supply Board to other licensed Electricity SupplyUtilities. The Regulations will come into operation on the1st January 2001.

40


Le ceannach dIreach onOIFIG DH!OLTA FOILSEACHAN RIALTAIS,


no trId an bpost 0FOILSEACHAIN RIALTAIS, AN RANNOG POST-TRACHTA,

4- 5 BOTHAR FHEARCHAIR, BAILE ATHA CLIATH 2,(Teil: 01 - 6476834/35/36/37; Fax: 01 - 4752760)

no trI aon dIoltOir Ieabhar.





(Tel: 01 - 6476834/35/36/37; Fax: 01 - 4752760)

or through any bookseller.

ISBN 0-7557-0110-0

80p €1.02

9 80755 701100Wt. 2366. 460. 8/01. Cahill. (B19722-R). G.30-16.

41

Statutory Instruments

S.l. No. 284 of 2002

Building Regulations (Amendment) Regulations 2002

Dublin

Published by the Stationery Office

Pn: 11717 Price:€1.27

42

SI. No. 284 of 2002

Building Regulations (Amendment) Regulations 2002

The Minister for the Environment and Local Government, in exerciseof the powers conferred on him by Sections 3 and 18 of the BuildingControl Act 1990 (No. 3 of 1990) hereby makes the followingRegulations -

Citation 1. (1) These Regulations may be cited as the Building Regulations(Amendment) Regulations 2002.

(2) These Regulations and the Building Regulations 1997 (S.l. No.497 of 1997) shall be construed as one and cited together as theBuilding Regulations 1997 to 2002.

Commencement 2. These Regulations shall, subject to Article 3 of these Regulations,come into operation on the 1st day of January, 2003

3. These Regulations shall apply to works relating to the provision of adwelling (including a flat), whether by new construction, materialalteration or change of use, where the relevant works or the change ofuse commence or take place, as the case may be, on or after the 1stday of January, 2003 except where—

(i) a planning application is made on orbefore the 31st day of December,2002 for planning permission orapproval pursuant to the Planningand Development Act 2000 (No. 30of 2000) and where substantial workhas been completed by the 31St dayof December, 2005; or

(ii) a notice pursuant to the provisionsof Part 8 of the Planning &Development Regulations 2001 (Si.No. 600 of 2001) has beenpublished on or before the 31st dayof December, 2002 and wheresubstantial work has beencompleted by the 315t day ofDecember, 2005.

43

(2) In the case of the repair or renewal of an existing building orbuilding element likely to affect the structural integrity of thebuilding , the Regulations shall apply in relation to workscommencing on or after the 1st day of January 2003;

(3) In the case of the repair or renewal of existing dwellingsinvolving the replacement of external doors, windows or rooflights, the Regulations shall apply in relation to workscommencing on or after the is day of July, 2003.

(4) For the purposes of these Regulations, "substantial work hasbeen completed" means that the structure of the externalwalls of the house (or flat) has been erected.

Application 4. The following Article is hereby substituted for Article 11 of thePrincipal Regulations-

"11. (1) Subject to articles 3 and 8 and sub-articles (3) and (4)of this article, these Regulations shall apply to-

(a) all works in connection with the material alterationor extension of a building; and

(b) every part of a building affected by works referredto in paragraph (a) but only to the extent ofprohibiting any works which would cause a new orgreater contravention, in such building, of anyprovision of these Regulations.

(2) For the purposes of this article, "material alteration"means an alteration, where the work or part of thework carried out by itself would be the subject of arequirement of Part A or B of the Second Schedule tothese Regulations.

(3) These Regulations shall apply to any repair or renewallikely to affect the structural integrity of the building orbuilding element being repaired or renewed.

(4) Part L of the Second Schedule of these Regulationsshall apply to renewal works to existing buildingsinvolving the replacement of external doors, windowsand rooflights.

(5) Part L of the Second Schedule to these Regulationsshall not apply to works (including extensions) to anexisting building which is a 'protected structure' or a"proposed protected structure" within the meaning of

44

the Planning and Development Act 2000 (No 30 of2000)".

5. The Second Schedule to the Building Regulations 1997(S.I. No. 497 of 1997) is hereby amended by theinsertion of the following for Part L in relation to worksrelating to dwellings -

'I

Part L

Conservation of Fuel and Energy

Conservation ofFuel and Energy LI A building shall be so designed and constructed as to

secure, as far as is reasonably practicable, theconservation of fuel and energy. This shall be achievedby -

(a) limiting the heat loss and, where appropriate, maximisingthe heat gains through the fabric of the building

(b) controlling, as appropriate, the output of the spaceheating and hot water systems; and

(c) limiting the heat loss from pipes, ducts and vessels usedfor the transport or storage of heated water or air.

Given under theOfficial Seal of theMinister for the Environmentand Local Governmentthis 6th day of June, 2002.

L.S. Noel Dempsey

Minister for the Environmentand Local Government

45

Explanatory Note

(This note is not part of the instrument and does not purport to be a legalinterpretation).

These Regulations amend the Building Regulations, 1997.

The Regulations primarily amend Part L of the Second Schedule to the 1997Regulations (Conservation of Fuel and Energy) to set higher thermalperformance/insulation standards for the provision of dwellings, where workcommences on or after 1 January 2003. The operative date is subject totransitional arrangements in relation to-

(a) dwellings for which planning permission or approval is applied for on orbefore 31 December 2002, or

(b) a Part 8 notice is published, on or before the 31 December 2002,

provided substantial work has been completed by 31 December 2005.

The amended Part L Regulations will also apply to the replacement ofexternal doors, windows or roof lights (windows) in existing houses wherework commences on or after I July 2003.

The amended Part L Regulations will not apply to works (including anextension) to an existing building which is a protected structure or proposedprotected structure, under the Planning and Development Act 2000.

The Regulations apply the Building Regulations to any repair or renewal of anexisting building on or after I January 2003, which is likely to affect thestructural integrity of the building, or building element, being repaired orrenewed. This implements a recommendation of the Report of the WorkingParty on the Safety of Parapets and Analogous Building Elements(September 2001).

46

Statutory Instruments

SI. No. 581 of 2002

Building Regulations (Amendment) (No.2) Regulations2002

Dublin

Published by the Stationery Office

Pn: 12530 Price: 0.76

47

S.l. No. 581 of 2002

Building Regulations (Amendment) (No.2) Regulations 2002

The Minister for the Environment and Local Government, in exercise ofthe powers conferred on him by Sections 3 and 18 of the BuildingControl Act 1990 (No. 3 of 1990) hereby makes the followingRegulations -

Citation 1. (1) These Regulations may be cited as the Building Regulations(Amendment) (No.2) Regulations 2002.

(2) The Building Regulations 1997 — 2002 shall include theseRegulations.

Commencement 2. These Regulations shall come into operation on the 1 January 2003.

3. (1) Subject to sub-article (2), these Regulations shall apply to works, ora building as regards which a material alteration or change of usetakes place, where the relevant works or change of use commenceor take place, as the case may be, on or after the 1 January 2003.

(2) These Regulations shall not apply to works or a building as regardswhich a material alteration or change of use takes place, where therelevant works or the change of use commence or take place, asthe case may be, on or after the 1 January, 2003 where-

(i) a planning application is made on orbefore the 31 December 2002 forplanning permission or approvalpursuant to. the Planning andDevelopment Act 2000 (No. 30 of 2000)and where substantial work has beencompleted by the 31 December 2005; or

(ii) a notice pursuant to the provisions ofPart 8 of the Planning & DevelopmentRegulations 2001 (S.l. No. 600 of2001) has been published on or beforethe 31 December 2002 and wheresubstantial work has been completed bythe 31 December 2005.

48

(2) For the purposes of these Regulations, "substantial work has beencompleted" means that the structure of the external walls of thehouse (or flat) have been erected.

4. The Second Schedule to the Building Regulations 1997 (SI. No. 497 of1997) is hereby amended by the substitution of the following for Part F -

Part F

VENTILATION

Means of ventilation. Fl Adequate means of ventilation shall be provided for peoplein buildings, including adequate provision for the removalof water vapour from kitchens, bathrooms and other areaswhere water vapour is generated.

Condensation in roofs. F2 Adequate provision shall be made to prevent excessivecondensation in roofs.

Given under the Official Sealof the Minister for the Environmentand Local Governmentthis 12th day of December 2002.

L.S. Martin Cu/lenMinister for the Environmentand Local Government

49

Explanatory Note

(This note is not part of the instrument and does not purport to be a legalinterpretation).

The Regulations amend Part F (Ventilation) of the Second Schedule to theBuilding Regulations 1997 to specifically provide for the removal of water vapourfrom kitchens, bathrooms and other areas (eg. utility rooms) where water vapouris generated.

The amending Regulations apply to new houses commencing on or after IJanuary 2003, except new houses for which:-

(a) planning permission or approval is applied for under the Planning andDevelopment Act 2000 (No. 30 of 2000) on or before 31 December 2002; or

(b) notice under Part 8 of the Planning and Development Regulations 2001(No. 600 of 2001) is published on or before 31 December 2002,

provided substantial work has been completed by 31 December 2005.

50

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