Galway County Council

Planning

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A Guide to the Building Regulations

This page is a simple guide to understanding the building control code and standards which apply to all new buildings and construction. This page is intended as a practical guide. It is not a definitive legal interpretation of building control law. For more information you may consult your local building control authority.

  1. What are the Building Regulations?
  2. How are the Regulations framed?
  3. < a href="#Topic3">How do they affect me?
  4. What if I'm just carrying out routine repairs?
  5. What if I fail to comply?
  6. What control arrangements are in place?
  7. What is a Commencement Notice?
  8. Do I need a Fire Safety Certificate?
  9. Where do I get a Fire Safety Certificate?
  10. How long should it take to get a Fire Safety Certificate?
  11. Can I appeal if I am refused a Fire Safety Certificate?
  12. Must I also get bye-law approval?
  13. Am I affected by the Building Regulations if I already have Building Bye-Law approval? 
  14. What if I have failed to comply with Building Bye-Laws?
  15. Do the Regulations have special requirements in relation to access for disabled people? 

1. What are the Building Regulations? Building regulations are a set of legal requirements, the purpose of which is to promote good practice in the design and construction of buildings in the interest of the health, safety and welfare of people who use buildings. The regulations set out the basic requirements to be observed in the design and construction of buildings. They apply to new buildings and also to extensions, material alterations and certain changes of use of existing buildings. They replace building bye-laws which operated in some areas throughout the country.


The regulations comprise a set of requirements which are expressed in simple functional statements, with the technical content of these requirements contained in twelve separate Technical Guidance Documents. The requirements address the following matters:


If you are having construction work carried out, the work must meet the standards required under the regulations. The standards set effectively represent a code of good building practice. If the work you are doing is for residential or agricultural purposes, you must give a commencement notice to the building control authority (see Question 7 below). If the work involves other structures, such as a commercial or industrial building, you will also require, in addition to a commencement notice, a fire safety certificate from the building control authority before you commence the work (see Question 8 below).


The building regulations do not apply to routine repairs or maintenance. However, they generally do apply to extensions and to alterations of a substantial nature.


While the primary responsibility for compliance with the building regulations rests with designers, builders and building owners, building control authorities have powers to inspect design documentation and buildings as well as powers of enforcement and prosecution where breaches of the regulations occur. There are heavy penalties, including fines and imprisonment, for breaches of the regulations. In addition, you may find that when it comes to selling your property, you will have difficulties if you cannot satisfy the purchasers' solicitor that the requirements of the regulations have been met.


Building control regulations have been made to supplement the basic system of enforcement referred to in Question 5 above. Two important control arrangements are provided for:


The commencement notice is a simple notification to a building control authority that a person intends to carry out building works to which provisions of the building regulations apply. The notice must be given not more than 28 days and not less than 14 days before the commencement of works to which the regulations apply. A building control authority will then be in a position to monitor the construction of the building as they consider necessary. Commencement notices are not required for exempted development for the purposes of the Planning Acts, e.g. small extensions to dwellings which are specifically exempted under the planning code. Information on exempted development is given in other pages on this site, particularly Doing Work around the House, Agricultural and Farm Development and The business person Planning for the Business Person .

Commencement notices are required, however, for all works which would require a fire safety certificate, irrespective of whether there is an exemption under the planning code.


With the exception of houses and agricultural buildings, a fire safety certificate is required for all new buildings (including apartments and flats), as well as changes of use and most alterations and extensions to which building regulations apply. A fire safety certificate must be obtained before work is commenced. This requirement has been introduced as it is widely accepted that dangers from fire present a more serious threat to the safety of occupants of buildings than any other source.


Before you commence any work, you should apply to your local building control authority for a fire safety certificate. Application forms are available from the authority and should be submitted together with

Any application not enclosing all of these items will be rejected as invalid.


Normally two months, but this may be extended by written agreement between the applicant and the building control authority, e.g. when the authority seeks further information on your application. A fire safety certificate may be granted with or without conditions, or may be refused.


Yes. An applicant for a certificate can appeal against a refusal to An Bord Pleanála within a period of one month beginning on the day of the decision of the building control authority.


No. The building regulations apply nationally and replace bye-laws (which only operated in some areas). Accordingly, the need for bye-law approval does not arise in relation to any development covered by the regulations.


No. The building regulations do not apply to works which are carried out in accordance with a bye-law approval where plans were lodged with the local authority prior to 1st June 1992.


Where any works to which bye-laws applied were carried out prior to 13 December, 1989 and are in breach of the bye-laws concerned (or where bye law approval was not sought), approval to the carrying out of the works will be deemed to have been granted, unless the building control authority took enforcement action before 1st December, 1992.


Yes. The regulations aim to ensure that, as far as is reasonable and practicable, buildings should be suitable for use by people with disabilities. The requirements relate to access and use of buildings, sanitary conveniences and audience or spectator facilities, where appropriate. The requirements relating to disabled people do not apply to dwellings but do apply to the common areas of apartments and the like. Specific requirements include the provision of: