S.I. No. 556/2009 - Building Regulations (Part F Amendment) Regulations 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2010.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by Sections 3 and 18 of the Building Control Act 1990 (No. 3 of 1990), hereby makes the following Regulations—

Citation

1. (1) These Regulations may be cited as the Building Regulations (Part F Amendment) Regulations 2009.

(2) These Regulations and the Building Regulations 1997 ( S.I. No. 497 of 1997 ) shall be construed as one and cited together as the Building Regulations 1997 - 2009.

Commencement

2. These Regulations shall come into operation on the 1st day of October 2010.

3. (1) Subject to sub-article (2), these Regulations shall apply to works, or a building as regards which a material alteration or change of use takes place, where the relevant works or the change of use commence or take place, as the case may be, on or after the 1st day of October 2010.

(2) (a) These Regulations shall not apply to works or a building as regards which a material alteration or change of use takes place, where the relevant works or the change of use commence or take place, as the case may be, on or after the 1st day of October 2010, where—

(i) a planning application is made on or before the 30th day of September 2010 for planning permission or approval pursuant to the Planning and Development Act 2000 (No. 30 of 2000), as amended, and where substantial work has been completed by the 30th day of September 2011; or

(ii) a notice pursuant to the provisions of Part 8 of the Planning and Development Regulations 2001 (No. 600 of 2001), as amended, has been published on or before the 30th day of September 2010 and where substantial work has been completed by the 30th day of September 2011.

(b) For the purposes of these Regulations, “substantial work has been completed” means the structure of the external walls of the dwellings has been erected.

4. The Building Regulations 1997 ( S.I. No. 497 of 1997 ), as amended by the Building Regulations (Amendment) (No. 2) Regulations 2002 ( S.I. No. 581 of 2002 ), are hereby amended by the substitution of the following for Part F of the Second Schedule:

“Part F VENTILATION

Means of ventilation.

F1 Adequate means of ventilation shall be provided for people in buildings. This shall be achieved by

a) limiting the moisture content of the air within the building so that it does not contribute to condensation and mould growth, and

b) limiting the concentration of harmful pollutants in the air within the building.

Condensation in roofs.F2Adequate provision shall be made to prevent excessive condensation in a roof or in a roof void above an insulated ceiling.”.

GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government,

22 December 2009.

JOHN GORMLEY, T.D.,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend Part F of the Building Regulations ( S.I. No. 497 of 1997 ). They provide for higher standards of ventilation and support the measures introduced in the Part L Regulations 2008 — S.I. No. 259 of 2008 .