Regulation Enforcement

Table of Contents

Enforcement Notices

An enforcement order may be served where there is a breach of the regulations by way of construction, a material change of use or material alteration of a building, in circumstances where the building control authority would not be prepared to give a dispensation or a relaxation. A five-year time limit applies to service of the notice from the date of completion of the works or the material change or use.

The expiry of the five year period, does not preclude the possibility of later enforcement in respect of serious and dangerous shortcomings in buildings under Public Health, Housing, Sanitary Services, Fire Service or the below mentioned court procedure,.

The enforcement notice may require steps to be taken within the period specified in order to ensure compliance with building regulations. This may include the removal, alteration or making safe of any structure, fittings or equipment or the discontinuance of use. It may require cessation of use of the property at all or for a particular purpose until specified works or precautions have been undertaken.

The enforcement notice may be suspended for a period of at 14 days. An appeal may be made to the District Court during this time. The District Court may annul or confirm the notice or may confirm it subject to conditions.

The application to the District Court to annul, modify or alter a notice may be taken on the basis that compliance would cause unreasonable expense, the timeline is unreasonably short, the person served is not the correct recipient of the notice or there is a design complaint of building regulation.

Powers on Default

If the person fails to comply with the notice, the building control authority may enter the premises and land, do the works, and recover the cost as a debt from the person on whom the notice was served.

Authorised officers of the building control authority are empowered to enter land at all reasonable times for the purpose of inspecting works. They may inspect works at any stage. It is an offence to hinder an authorised person, to refuse entry, to obstruct, impede him in the exercise of powers or give false or reckless information.

Officers of the authority may require owners, occupiers or persons responsible for construction, to inform them of details regarding the purpose of the building, the number persons to be employed or accommodated, substances, methods of construction and other relevant matters. They may require the provisions of plans, documents and information in order to establish that the requirements of the building regulations are being complied with. They may take samples of materials as are required to establish compliance.

Other Sanctions

Any party may apply to the High Court where a construction of a building is ongoing or completed. The building control considers whether the construction or change abuse gives rise to the risk to health or safety of persons in the building or affected by the building and the risk is so serious that specified measures should be taken immediately to reduce or eliminate the risk or that the use should be restricted or prohibited until those measures have been taken. The High Court may grant an order requiring removal alteration or making safe a structure, discontinuance of abuse until measures are taken.

Breaches of building regulations are an offence which can be prosecuted. They may be prosecuted summarily in the district court to a maximum fine of £800 or imprisonment up to 6 months. Fine amount of £50 per day is — applies in respect of continuing offences. There is a possibility of conviction and indictment in respect of certain pieces of legislation. A fine of up to £10,000 or up to two year\’s imprisonment may be imposed with continuing daily fines. Where an offence is committed by a company under the legislation director secretaries or other persons of the equivalent roles may be convicted independently.

The minister has powers to make regulations prohibiting particular classes of materials forms of construction or services in relation to buildings or class of buildings as may be specified where they are satisfied there will be a danger to public health or safety or that further use would contravene the building regulations.

Service of Enforcement Notice

Enforcement notice.

Where—

the construction of any building or the carrying out of any works to which building regulations apply is commenced or has been completed or any material change takes place in the purposes for which any building is used, and
the building or works are not designed or have not been, or are not being, constructed or carried out in conformity with building regulations, and
the failure to comply with building regulations is not such a failure in relation to which the building control authority would be prepared to grant a dispensation or relaxation pursuant to this Act,

the building control authority may serve an enforcement notice.

An enforcement notice shall not be served, in respect of the building or works concerned, after the expiration of the period of five years commencing on the date of the completion of the building or the works, or the material change in the purposes for which the building is used. It may be served on the owner of the building or works concerned, or on any other person who carried out, or is carrying out, the works to which the notice applies.

Content and Effect

An enforcement notice, in particular, may—

require such steps as may be specified in the notice to be taken within such period as may be so specified for the purposes of ensuring compliance, subject to any dispensation or relaxation already which has been allowed, with building regulations and any such notice may require the removal, alteration or making safe of any structure, service, fitting or equipment, or ) the discontinuance of any works or the doing of any other thing as may be specified in the notice in relation to the building or works to which the notice relates;
prohibit the use of a building, or a specified part of a building, for any purpose specified in the notice until specified precautions are taken to the satisfaction of the building control authority by the removing, altering or making safe of any structure, service, fitting or equipment or the discontinuance of any works or by the doing of any other thing in relation to such building or such specified part of a building
require a person on whom the notice is served to pay to the building control authority the costs and expenses reasonably incurred by the authority in relation to the investigation and detection of the matters, the subject of the notice, the service of the notice and the preparation and giving of any warnings before the service of the notice, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and, in default of their payment, the authority may recover the costs and expenses as a simple contract debt

An enforcement notice shall take effect at the expiration of such period (being a period of not less than fourteen days beginning on the date of the service of such notice) as may be specified therein. A person on whom an enforcement notice has been served pursuant to this section shall—

if he does not apply to the District Court, comply with the terms of the notice within the period specified therein,
if he applies to the District Court, and the notice is confirmed by the District Court either unconditionally or subject to modifications, alterations or additions, comply with the terms of the notice, or the notice as modified, altered or added to by the District Court, as the case may be, within the period specified in the notice, the period beginning on the date of the determination of the application to the District Court,
if he applies to the District Court and withdraws such application, complies with the terms of the notice within the period specified in the notice, the period beginning on the date of the withdrawal of the application.

Options on Default

Where a person fails to comply with the above requirements, the building control authority may enter into any building or works to which the enforcement notice relates, and may enter any land necessary for that purpose, and take any action or do anything required by the notice.

Where a building control authority enters into any building or works to which the enforcement notice relates and takes any action or does anything in relation thereto, the building control authority may, on satisfying the Court that the person on whom the enforcement notice was served is either the owner of the building or a person who carried out the works to which the enforcement notice relates, and that such person failed to comply with the above requirements, recover as a simple contract debt the costs of taking the action or doing such thing from the person on whom the notice was served.

Application to District Court

A person on whom an enforcement notice is served may, within fourteen days of the service of the notice, apply to the District Court to annul, modify or alter the notice on all or any of the following grounds—

that the alleged failure to comply with the requirements of building regulations is not such as would warrant the service of an enforcement notice;
that compliance with the terms of the enforcement notice would occasion unreasonable expense;
that the time allowed by the building control authority for compliance with the notice is unreasonably short;
that the appellant is not the person on whom the notice should have been served;
that the design or the building complies with the requirements of the building regulations.

Notice of an application shall be served on the building control authority concerned and that authority shall be entitled to appear, be heard and adduce evidence at the hearing of the application. On the hearing of an application pursuant to this section, the court may, as it thinks proper—

confirm the enforcement notice, or
confirm the enforcement notice subject to such modifications, alterations or additions as the court thinks reasonable, or
annul the enforcement notice.

If the court confirms the notice or confirms it subject to conditions or changes, it shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the applicant to pay to the building control authority concerned the costs and expenses, as measured by the court, incurred by the authority

in appearing and adducing evidence at the hearing, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and
in so far as they have not been recouped pursuant to the provision (if any) of the enforcement notice in relation to the investigation and detection of the matters to which the application relates, including costs incurred in respect of remuneration and expenses as aforesaid]

Powers of inspection by authorised persons.

An “authorised person” means a person authorised for the purposes of this Act by a building control authority or by the Minister, or by An Bord Pleanála, as the case may be. An authorised person is entitled to enter at all reasonable times into any land (subject to his producing, if so required, his authority in writing as such person) and thereon inspect for the purposes of the Building Control Act any building, and any plans or documents relating to such building.

Any authorised person may—

inspect any building following its completion, during its construction, alteration or extension, during the installation therein of any fittings, services or equipment to which building regulations apply, or in respect of which any material change takes place in the purposes for which such building is used;
require to be informed by the owner or occupier of such a building, or by any person responsible for the construction of such a building, or by any of the aforementioned persons, to the extent that such persons have knowledge of the matters in question, as to the purpose for which the building, or any part thereof, has been, is being, or will be, used, the number of persons who are, or will be, employed or accommodated therein or who resort or will resort thereto, the substance of which any such building or any part of such building is constructed, and the method of construction employed and as to any other matter which the authorised person considers to be relevant;
require the owner or occupier of the building, or any person responsible for the construction of the building, to provide such plans, documents and information as are necessary to establish whether the requirements of building regulations are being complied with in relation to the building;
be permitted to take such samples of the materials used in the carrying out of any construction work or take such other action in relation to such construction work as may be necessary to establish whether the requirements of building regulations are being complied with in relation to the building.

An authorised person shall be entitled to be assisted by such persons, and to bring with him such equipment, as he considers necessary to enable him to exercise his powers under this section.

Court Order in relation to buildings and works.

Where the construction of any building or works to which building regulations apply is, or has been, commenced or completed or any material change takes place in the purposes for which a building is used and the building control authority concerned considers that, arising from such construction or change of use—

there is a risk to the health or safety of persons who may be in or about the building or works, or of persons affected by such building or works, and
such risk is so serious that either specified measures should be taken immediately to reduce or eliminate the risk or that the use of the building or works concerned should be restricted or prohibited until specified measures have been taken to reduce or eliminate the risk,

the building control authority concerned may apply to the High Court or the Circuit Court for an order requiring the removal, alteration or making safe of any structure, service, fitting or equipment, or the discontinuance of any works or restricting or prohibiting the use of the building until the removal, alteration, or making safe of any structures, services, fittings or equipment or the discontinuance of any works, as the case may be, has been effected.

Where the construction of any building or works to which building regulations apply is or has been commenced or completed and in respect of which one of the above certificates is required to be granted and such construction is or has been commenced without the required certificate, or if an enforcement notice has not been complied with, then the building control authority concerned may apply to the High Court or the Circuit Court for an enforcement order.

Court Order

The court order may require the removal, alteration or making safe of any structure, service, fitting or equipment, or the discontinuance of any works or restricting or may prohibit the use of the building until the fire safety certificate, disability access certificate or regularisation certificate has been granted and complied with or the enforcement notice has been complied with.

If the High Court or the Circuit Court makes an order, it shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person against whom the order is made to pay to the building authority concerned the costs and expenses, as measured by the court, incurred by the authority—

in relation to the application under this section, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and
in so far as they have not been recouped by any other means provided under this Act, in relation to the investigation and detection of the matters to which the application relates and the preparation and giving of any warnings before the making of the application, including costs incurred in respect of remuneration and expenses as aforesaid.

Any order made by the High Court or the Circuit Court shall have effect notwithstanding the terms of any permission given under any other enactment for the use of the building or works or any part of either of them to which the relevant application under this section relates.

The Circuit Court has jurisdiction to hear and determine an application under this section where the market value of the land which is the subject of the application does not exceed €3,000,000. It may in relation to land that has not been given a market value or is the subject with other lands of a market value, determines that its market value would exceed, or would not exceed €3,000,000. Where the market value of any land which is the subject of an application under this section exceeds €3,000,000, the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court.