S.I. No. 112/1992 - Building Control Act, 1990 (Fees) Regulations, 1992.

S.I. No. 112 of 1992.

BUILDING CONTROL ACT, 1990 (FEES) REGULATIONS, 1992.

The Minister for the Environment, in exercise of the powers conferred on him by sections 4 , 6 , 7 and 18 of the Building Control Act, 1990 (No. 3 of 1990), hereby makes the following regulations:—

1 Citation.

1. These Regulations may be cited as the Building Control Act, 1990 (Fees) Regulations, 1992.

2 Commencement.

2. These Regulations shall come into operation on the 1st day of June, 1992.

3 Interpretation.

3. (1) In these Regulations, any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations.

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

(3) In these Regulations, save where the context otherwise requires—

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

"appeal" means an appeal under section 7 (1) (a) or 7 (1) (b) of the Act;

"application for a dispensation or a relaxation" means an application under section 4 of the Act for a dispensation from, or a relaxation of, a requirement of Building Regulations;

"application for a fire safety certificate" means an application under Part III of the Building Control Regulations for a fire safety certificate;

"the Board" means An Bord Pleanála;

"building control authority" means a building control authority as defined in section 2 of the Act;

"Building Control Regulations" means the Building Control Regulations, 1991;

"Building Regulations" means the Building Regulations, 1991;

"fire safety certificate" means a certificate under section 6 (2) (a) (ii) of the Act;

"register" means a register pursuant to article 19 of the Building Control Regulations.

4 Requirement to pay fees.

4. (1) A fee shall be paid to a building control authority by an applicant in respect of an application for—

( a ) a dispensation or a relaxation, or

( b ) a fire safety certificate.

(2) A fee shall be paid to the Board by a person making an appeal against a decision of a building control authority in relation to an application for—

( a ) a dispensation or a relaxation, or

( b ) a fire safety certificate.

(3) A fee shall be paid to a building control authority for a copy of—

( a ) an entry in a register,

( b ) a fire safety certificate, or

( c ) the grant under section 4 of the Act of a dispensation from, or a relaxation of, a requirement of Building Regulations.

5 Exemptions.

5. Where an application for a dispensation or a relaxation, or an application for a fire safety certificate, relates in whole or in part to a building which in the opinion of the building control authority will be constructed by or on behalf of a voluntary organisation, and which in the opinion of the building control authority—

( a ) is intended to be used for social, recreational, educational or religious purposes by inhabitants of a locality generally or by people of a particular group or religious denomination and is not to be used mainly for profit or gain, or

( b ) is intended to be used as a hostel, work-shop or other accommodation for disabled, poor or homeless persons and is not to be used mainly for profit or gain,

a fee shall not be payable in respect of any such application.

6 Standard fee.

6. (1) The amount of fee payable in respect of an application—

( a ) for a dispensation or a relaxation, or

( b ) a fire safety certificate,

shall, subject to Part B of the Schedule, be the amount indicated in column 2 of Part A of the Schedule opposite the mention of an application for a dispensation or a relaxation, or a fire safety certificate, as the case may be, in column 1 of Part A of the Schedule.

(2) The amount of fee payable in respect of an appeal shall be the amount indicated in column 2 of Part A of the Schedule opposite the mention of an appeal in column 1 of Part A of the Schedule.

(3) The amount of fee payable for a copy of a document specified in article 4 (3) shall be the amount indicated in column 2 of Part A of the Schedule opposite the mention of such a copy in column 1 of Part A of the Schedule.

7 Refund of fee in case of certain repeat applications.

7. (1) Where—

( a ) a decision has been made by a building control authority on an application for a fire safety certificate, or

( b ) an appeal against a decision of a building control authority on an application for a fire safety certificate has been determined by the Board,

and a subsequent such application is made by or on behalf of the same applicant, the building control authority shall, subject to sub-article (3) and the provisions of Part B of the Schedule, refund three quarters of the fee paid to it in respect of the subsequent application if, and only if, each of the conditions mentioned in sub-article (2) is complied with.

(2) The conditions referred to in sub-article (1) are—

( a ) the authority are satisfied that the subsequent application relates to a building of substantially the same design or description as the building to which the earlier application related, and

( b ) a fee under these Regulations in respect of a building of the substantially the same design or description as the building to which the earlier application related has been paid, and

( c ) the period between the decision on the first application and the making of the subsequent application does not exceed twelve months, and

( d ) the authority are satisfied that the subsequent application relates to a building to be erected substantially on the same site or part of the site to which the earlier application related, and

( e ) no previous refund under these Regulations has at any time been made to the same applicant in respect of an application which related to a building of substantially the same design or description as that to which the subsequent application relates.

(3) A refund under this article shall be made on a claim in that behalf made in writing to the building control authority and received by it within (but not after) the period of two months beginning on the day of the decision by the building control authority on the subsequent application.

8 Calculation of Gross Floor Area.

8. Where the amount of fee is to be calculated by reference to gross floor area—

( a ) that area shall be ascertained by the internal measurement of the floor area on each floor of a building, and

( b ) where the area referred to in paragraph (a) is not an exact multiple of the unit of measurement specified in Part A of the Schedule, the fraction of a unit remaining after division of the total area of the unit of measurement shall be treated, for the purposes of calculating the fee payable in respect of the application, as a complete unit.

SCHEDULE

PART A

PART B

The maximum fee payable to a building control authority in respect of an application for a fire safety certificate shall be £10,000. The minimum such fee shall be £100 and in any case where a building control authority makes a refund in respect of an application for a fire safety certificate the refund shall not be such as to reduce the balance of the fee to less than £100.

GIVEN under the Official Seal of the Minister for the Environment,

this 13th day of May, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for the payment of fees for such applications to building control authorities and appeals to an Bord Pleanála as may arise under the Building control system and for copies of certain documents in the possession of building control authorities.