Building Regulations

Building Regulations in Northern Ireland

Building Regulations (Northern Ireland) Order 1979, as amended. Building regulations may be expressed in terms of performance, material types, methods of construction, and requirements for safety.

The Building Regulations Advisory Committee advises the Department on building regulations. Members of the Advisory Committee are appointed by the Department after consultation with the relevant body.

Building regulations are made by the order under the building regulations. They may classify buildings with reference to design, purpose, location, or description. They may provide for particular requirements to be deemed complied with for prescribed methods of construction, types of materials, and prescribed means are used.

They may be framed by reference to documents published by or on behalf of the Department by reference to approvals or satisfaction of prescribed persons.

Building regulations may make provision with respect to buildings or parts of buildings, services, fittings, and equipment provided in connection therewith. They may provide circumstances in which a building or part of a building is used in a changed way that constitutes a material change of use. They may prescribe persons or classes of persons for the purpose of performing functions of District Councils or otherwise.

Building regulations may exempt prescribed classes of buildings, services, and equipment from their scope. They may provide for the deposit of plans with District Councils or for the service of notice on District Councils. Before changing the building regulations, the Department is to consult the Advisory Committee.

Building regulations may impose on owners and occupiers of buildings to which they apply continuing requirements as the Department considers necessary for the purpose of securing compliance with building regulations and to ensure the purpose of the regulations is not frustrated. Building regulations may provide conditions subject to which services, fittings, and equipment prescribed in connection with a building may be used, inspection and maintenance of service fittings and equipment, and the making of reports to prescribed authorities on their condition.

Breach of regulations and continuing requirements may be subject to criminal fines and civil directions requiring the remedy of the contraventions. District Councils may require works to be done, or they may require the execution of works. No obvious power regarding doing works themselves.

When the Department considers the operation of the business, requirements of the building regulations would be unreasonable in relation to a particular type of building matter, it may, either on an application or on its own accord, give a direction, dispensing with or relaxing a requirement generally in relation to the type of building, either conditionally or subject to compliance with conditions. A direction may be for a specified period. It may be revoked or varied.

Building regulations may provide for the payment of fees to the Department. Fees may be remitted in whole or in part. Directions dispensing with or relaxing requirements of building regulations shall be published as the Department sees fit.

The Department may, by building regulations, prescribe types of materials or components which, in its opinion, are likely to be unsuitable for use in the construction of a particular type of works or parts of the building and in the absence of conditions in relation to their use, it may prescribe services, fittings, and equipment which are likely to be unsuitable for provision or in connection with permanent buildings in the absence of conditions.