Building Control

The building control system applies to the design and construction of new buildings, extensions and material alterations to, and certain changes in the use of, existing buildings.

The information contained here is intended to provide practical guidance, and is not a definitive legal interpretation of building control law. For more information, consult Cork County Fire and Building Control department at:

Headquarters (including South Divisional Office for Fire Prevention and Building Control),
Westpoint Business Campus,.
Link Road, 
Ballincollig.
Tel: 021 430 4077.
Fax: 021 466 6838.

It is a legal requirement that buildings must be designed and built in accordance with the Building Regulations. Under current legislation, the building control authority has discretionary powers.

These include the following:

• The right to inspect works to which the Building Regulations apply.
• The right to request information relating to works to which Building Regulations apply.
• Power of enforcement in relation to non-compliance with the Building Regulations.
• Power to prosecute for non-compliance, either by summary or High Court proceedings.

It should be noted that the power of inspection granted to building control authorities under the legislation is discretionary, and does not impose an obligation to inspect. The primary responsibility for compliance with regulations rests with the designers, builders and building owners.

Building Control System

The framework of the building control system comprises three sections.

1. The Building Control Acts 1990 and 2007

There are three main provisions within this Act:
a) It provides for the making of building regulations dealing with issues such as building standards,workmanship, fire safety conservation of fuel and energy and access for those with disabilities.
b) It provides for the making of building control regulations, which involve commencement notices, fire safety  certificates, disabled access certificates and fees, and include administration by the building control authorities.
c) It gives powers of enforcement and inspection to the building control authorities.

Building Regulations

The Building Regulations set out the technical requirements for the design and construction of building works. They are written in broad, functional terms rather than performance or prescriptive terms. Requirement B1, for example, states that   'A building shall be so designed and constructed that there are adequate means of escape in case of fire from the building to a place of safety.' As the requirements are quite general, there is more specific guidance available on what is considered adequate. This guidance is provided in Technical Guidance Documents published by the Department of the Environment, and in the codes, standards and other documents referred to in the Technical Guidance Documents.

Building Control Regulations

These regulations are procedural and administrative. Their purpose is to promote observance of the Regulations by supplementing the basic powers of inspection and enforcement given to the building control authorities by different sections of the Building Control Acts 1990 and 2007. They do this by requiring commencement notices of works to be lodged with the building control authority. They also require that fire safety certificates and disability access certificates are obtained for buildings to which Part III of the Building Control Regulations 1997 apply.

Building Control (Amendment) Regulations SI 351, 2009.

These regulations came into effect on 1 October 2009 except for the provisions of Article 8 which came into effect on 1 January 2010. They cover Revised Fire Safety Certificates, Regularisation Certificates, Disability Access Certificates and Revised Disability Access Certificates.

 Building Control (Amendment) Regulations SI 351, 2009