S.I. No. 306/1991:

BUILDING REGULATIONS, 1991.

BUILDING REGULATIONS, 1991.

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

1. These Regulations may be cited as the Building Regulations, 1991.

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

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

(2) In these Regulations, any reference to a 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, a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

(4) In these Regulations, save where the context otherwise requires--

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

"agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, the use of land for turbary, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly;

"basement storey" means a storey which is below the ground storey or, where there is no ground storey, means a storey the top surface of the floor of which is situated at such a level or levels that some point on its perimeter is more than 1.2 metres below the level of the finished surface of the ground adjoining the building in the vicinity of that point;

"combined drain" has the meaning assigned to it in Part H of the First Schedule;

"Construction Products Directive" means Directive No. 89/106/EEC adopted by the Council of the European Communities on 21 December, 1988 and published in the Official Journal of the European Communities No. L 40 Volume 32 of 11 February, 1989;

"contaminant" has the meaning assigned to it in Part C of the First Schedule;

"dead load" has the meaning assigned to it in Part A of the First Schedule;

"disabled people" has the meaning assigned to it in Part M of the First Schedule;

"domestic garage" means a building ancillary to a dwelling which is used, or suitable for use, for the storage of a motor vehicle or vehicles and is not used for the purposes of any trade or business;

"drain" has the meaning assigned to it in Part H of the First Schedule;

"drainage system" has the meaning assigned to it in Part H of the First Schedule;

"dwelling" means a house or flat forming a separate unit of residential accommodation;

"flat" means a self-contained premises constructed or adapted for residential use forming part of a building;

"floor" has the meaning assigned to it in Part C of the First Schedule;

"floor area" has the meaning assigned to it in article 4;

"foul water" has the meaning assigned to it in Part H of the First Schedule;

"ground storey" means a storey the top surface of the floor of which is situated at such a level or levels that no point on its perimeter is more than 1.2 metres below the level of the finished surface of the ground adjoining the building in the vicinity of that point or, if there is more than one such storey, means the lowest of these;

"habitable room" has the meaning assigned to it in Part E of the First Schedule;

"heat producing appliance" has the meaning assigned to it in Part J of the First Schedule;

"height of a building" has the meaning assigned to it in article 4;

"imposed load" has the meaning assigned to it in Part A of the First Schedule;

"kitchen" has the meaning assigned to it in Part E of the First Schedule;

"material alteration" has the meaning assigned to it in article 10;

"the Minister" means the Minister for the Environment;

"moisture" has the meaning assigned to it in Part C of the First Schedule;

"multi-storey building" has the meaning assigned to it in Part A of the First Schedule;

"proper materials" has the meaning assigned to it in Part D of the First Schedule;

"sanitary convenience" has the meaning assigned to it in Part G of the First Schedule;

"sewer" has the meaning assigned to it in Part H of the First Schedule;

"single storey building" means a building consisting of a ground storey or a basement storey only;

"soil water" has the meaning assigned to it in Part H of the First Schedule;

"surface water" has the meaning assigned to it in Part H of the First Schedule;

"technical guidance document" means a document published pursuant to article 5;

"trade effluent" has the meaning assigned to it in Part H of the First Schedule;

"waste water" has the meaning assigned to it in Part H of the First Schedule;

"wind load" has the meaning assigned to it in Part A of the First Schedule;

(5) In these Regulations, unless the context otherwise requires, any reference to a building shall extend to and include any part of a building and any reference to the purpose for which a building is used shall extend to and include the purpose for which it is intended to be used.

(6) Compliance with an appropriate technical specification prepared under the Construction Products Directive shall represent compliance with the relevant requirements of these Regulations.

4. In these Regulations--

"floor area" in relation to a building means the area bounded by the inner finished surfaces of the enclosing walls, or, on any side where there is no enclosing wall, by the outermost edge of the floor on that side and in calculating the area of a building or part of a building there shall be included in such area the space occupied by any walls, shafts, ducts or structure within the area being measured;

"height of a building" (or of part of a building which is completely separated throughout, both below and above ground, by a compartment wall or compartment walls in the same continuous vertical plane) means the height of such building or part measured from the mean level of the ground adjoining the outside of the external wall of the building to the level of half the vertical height of the roof of the building or part, or to the top of the walls or of the parapet (if any), whichever is the higher.

5. (1) The Minister may publish, or arrange to have published on his behalf, documents to be known as "technical guidance documents" for the purpose of providing guidance with respect to compliance with the requirements of any of the provisions of the First Schedule.

(2) Subject to the provisions of sub-article (3), where works are carried out in accordance with any guidance contained in a technical guidance document this shall, prima facie, indicate compliance with the relevant requirements of these Regulations.

(3) The provisions of article 3 (6) and any guidance contained in a technical guidance document published under sub-article (1) concerning the use of a particular material, method of construction or specification, shall not be construed as prohibiting compliance with a requirement of these Regulations by the use of any other suitable material, method of construction or specification.

6. These Regulations shall not apply to any of the following buildings or to works carried out in connection with such buildings provided that after the carrying out of such works such building is still a building as described in any paragraph of this article--

(a) a building erected in connection with any mine or quarry other than a house or a building used as offices, laboratories or showrooms;

(b) a building the construction of which is subject to the Explosives Act, 1875;

(c) a building subject to the National Monuments Acts, 1930 to 1987;

(d) a building constructed for and used by the Electricity Supply Board as a generating, transmission or distribution station;

(e) a temporary dwelling as defined in the Local Government (Sanitary Services) Act, 1948 (No. 3 of 1948);

(f) a temporary building used only in connection with the sale or letting of buildings or building plots in course of development where--

(i) it is erected on or in close proximity to the development, and

(ii) it is detached from any other building;

(g) a temporary building which is used only in connection with and during the construction, alteration, extension or repair of any building or other work;

(h) a single storey building used as a domestic garage where it--

(i) is detached from any other building, and

(ii) has a floor area not exceeding 23 square metres, and

(iii) has a height of not more than 3 metres;

(i) a single storey building (not being a building described in paragraph (h)) ancillary to a dwelling (such as a summer house, poultry-house, aviary, conservatory, coal shed, garden tool shed or bicycle shed) which is detached from any other building and has a floor area of not more than 23 square metres and a height of not more than 3 metres, and is used exclusively for recreational or storage purposes or the keeping of plants, birds or animals for domestic purposes and is not used for the purposes of any trade or business or for human habitation;

(j) a single storey glasshouse (not being a building described in paragraph (i)) where--

(i) not less than three quarters of its total external area is comprised of glass (including glazing bars), and

(ii) it is used solely for agriculture, and

(iii) it is detached from any other building;

(k) a single storey building which is detached from any other building and which--

(i) is a building used solely for agriculture, and

(ii) is used exclusively for the storage of materials or products, for the accommodation of plant or machinery or in connection with the housing, care or management of livestock, and

(iii) is a building wherein the only persons habitually employed are engaged solely in the care, supervision, regulation, maintenance, storage or removal of the materials, products, plant, machinery or livestock in the building, and

(iv) does not exceed 300 square metres in floor area.

7. These Regulations shall not apply in respect of--

(a) works commenced before the operative day;

(b) works to which bye-laws (being bye-laws to which section 22 (1) of the Act relates) apply.

8. (1) All works to which these Regulations apply shall be carried out--

(a) in accordance with the appropriate requirements set out in the First Schedule; and

(b) in such a manner as to avoid the breaching of any other requirement of that Schedule.

(2) No works shall be carried out to a building which would cause a new or greater contravention in the building of any provision of these Regulations.

9. Subject to articles 6 and 7, these Regulations shall apply to all works in connection with the design and construction of every new building.

10. (1) Subject to articles 6 and 7, these Regulations shall apply--

(a) to all works in connection with the material alteration or extension of an existing building (whether or not such building was erected before the operative day); and

(b) to every part of an existing building as affected by a material alteration or extension but only to the extent of prohibiting any material alteration or extension which would cause a new or greater contravention, in the existing building, of any provision of these Regulations.

(2) for the purposes of this article, "material alteration" means an alteration where the work, or any part of the work, carried out by itself would be subject to a requirement of Part A or B of the First Schedule.

11. Subject to articles 6 and 7, these Regulations shall apply to all works in connection with the provision of services, fittings and equipment (whether by way of new work or by way of replacement) in respect of which Parts G, H or J of the First Schedule impose a requirement, in any building (whether or not such building was erected before the operative day).

12. (1) Subject to articles 6 and 7, where a material change of use takes place in the purposes for which a building, or part of a building, is used, (whether or not such building was erected before the operative day) the requirements of the following Parts of the First Schedule shall apply to the building or part of a building as if it were a new building having the new proposed use, and these Regulations shall apply to such works, if any, as are to be carried out to ensure that the building, or part of the building, complies with the said requirements:

(2) In this article a material change of use means a material change of use as specified in section 3 (3) of the Act and any change in the purposes for which a building, or part of a building, is to be used which is such that the said building, or part of the building, in its new use would, if it were being newly erected, require a higher standard of performance to comply with those provisions of these Regulations referred to in sub-article (1) than it would if it were being newly erected for the purposes of its present use.

13. Every application for a dispensation from, or a relaxation of, any requirement of these Regulations shall be in the form set out in the Second Schedule or a form substantially to the like effect.

FIRST SCHEDULE

PART A

STRUCTURE

Loading.

A1. (1) A building shall be so designed and constructed that the combined dead, imposed and wind loads are sustained and transmitted to the ground--

(a) safely, and

(b) without causing such deflection or deformation of any part of the building, or such movement of the ground, as will impair the stability of any part of another building.

(2) In assessing whether a building complies with sub-paragraph (1) regard shall be had to the imposed and wind loads to which it is likely to be subjected in the ordinary course of its use for the purpose for which it is intended.

Ground movement.

A2. A building shall be so designed and constructed that movements of the subsoil caused by subsidence, swelling, shrinkage or freezing will not impair the stability of any part of the building.

Disproportionate collapse.

A3. A multi-storey building shall be so designed and constructed that in the event of an accident the structure will not be damaged to an extent disproportionate to the cause of the damage.

Definitions for this Part.

A4. In this Part--

"dead load" means the force due to the static mass of all walls, permanent partitions, floors, roofs and finishes including all other permanent construction and services equipment affixed to the building;

"imposed load" means the load assumed to be produced by the intended occupancy or use of the building including distributed, concentrated, impact, inertia and snow loads and the force due to the static mass of moveable partitions, but excluding wind loads;

"multi-storey building" means a building comprising or including five or more storeys, a basement storey being regarded as a storey;

"wind load" means all loads due to the effect of wind pressure or suction.

PART B

FIRE

Means of escape in case of fire.

B1. 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 outside the building, capable of being safely and effectively used.

Internal fire spread (linings).

B2. For the purpose of inhibiting the spread of fire within a building, the internal linings--

(a) shall offer adequate resistance to the spread of flame over their surfaces; and

(b) shall have, if ignited, a rate of heat release which is reasonable in the circumstances.

Internal fire spread (structure).

B3. (1) A building shall be so designed and constructed that, in the event of fire, its stability will be maintained for a reasonable period.

(2) (a) A wall common to two or more buildings shall be so designed and constructed that it offers adequate resistance to the spread of fire between those buildings.

(b) A building shall be sub-divided with fire resisting construction where this is necessary to inhibit the spread of fire within the building.

(3) A building shall be so designed and constructed that the unseen spread of fire and smoke within concealed spaces in its structure or fabric is inhibited where necessary.

(4) for the purposes of sub-paragraph 2 (a), a house in a terrace and a semi-detached house are each to be treated as being a separate building.

External fire spread.

B4. The external walls and roof of a building shall be so designed and constructed that they afford adequate resistance to the spread of fire to and from neighbouring buildings.

Access and facilities for the fire service.

B5. A building shall be so designed and constructed that there is adequate provision for access for fire appliances and for such other facilities as may be reasonably required to assist the fire service in the protection of life and property.

PART C

SITE PREPARATION AND RESISTANCE TO MOISTURE

Preparation of site.

C1. The ground to be covered by a building shall be reasonably free from vegetable matter.

Subsoil drainage.

C2. Subsoil drainage shall be provided if necessary so as to prevent the passage of ground moisture to the interior of the building or damage to the fabric of the building.

Dangerous substances.

C3. Precautions shall be taken to avoid danger to health and safety caused by substances (including contaminants) found on or in the ground to be covered by a building.

Resistance to weather and ground moisture.

C4. The floors, walls and roof of a building shall be so designed and constructed as to prevent the passage of moisture to the inside of the building or damage to the fabric of the building.

Definitions for this Part.

C5. In this Part--

"contaminant" includes any substance which is or could become flammable, explosive, corrosive, toxic or radioactive and any deposits of faecal or animal matter;

"floor" includes any base or structure between the surface of the ground or the surface of any hardcore laid upon the ground and the upper surface of the floor and includes finishes which are laid as part of the permanent construction;

"moisture" includes water vapour and liquid water.

PART D

MATERIALS AND WORKMANSHIP

Materials and workmanship.

D1. All works to which these Regulations apply shall be carried out with proper materials and in a workmanlike manner.

Definition for this Part.

D2. In this Part, "proper materials" means materials which are fit for the use for which they are intended and for the conditions in which they are to be used, and includes materials which:

(a) bear a CE Mark in accordance with the provisions of the Construction Products Directive; or

(b) comply with an appropriate harmonized standard, European technical approval or national technical specification as defined in article 4 (2) of the Construction Products Directive; or

(c) comply with an appropriate Irish Standard or Irish Agrément Board Certificate or with an alternative national technical specification of any Member State of the European Communities, which provides in use an equivalent level of safety and suitability.

PART E

SOUND

Airborne sound (walls).

E1. (1) A wall which--

(a) separates a dwelling from another dwelling or from another building, or

(b) separates a habitable room within a dwelling from another part of the same building which is not used exclusively with the dwelling,

shall have reasonable resistance to airborne sound.

(2) The requirement of sub-paragraph (1) shall not apply to a wall falling within the description in sub-paragraph (1) (b) which separates a habitable room within a dwelling from another part of the same building if such part is used only occasionally for the inspection, maintenance or repair of the building, or of its services, fixed plant or machinery.

Airborne sound (floors).

E2. (1) A floor which separates a dwelling from another dwelling, or from another part of the same building which is not used exclusively with the dwelling, shall have reasonable resistance to airborne sound.

(2) The requirement of sub-paragraph (1) shall not apply to a floor which separates a dwelling from another part of the same building if such part is used only occasionally for the inspection, maintenance or repair of the building, or of its services, fixed plant or machinery.

Impact sound (floors).

E3. (1) A floor above a dwelling which separates it from another dwelling or from another part of the same building which is not used exclusively with the dwelling, shall have reasonable resistance to impact sound.

(2) The requirement of sub-paragraph (1) shall not apply to a floor which separates a dwelling from another part of the same building if such part is used only occasionally for the inspection, maintenance or repair of the building, or of its services, fixed plant or machinery.

Definitions for this Part.

E4. In this Part --

"habitable room" means a room used for living or sleeping purposes but does not include a kitchen having a floor area of less than 6.5 m² in area;

"kitchen" means any room used primarily for the preparation or cooking of food or drink or the cleansing of utensils or appliances used in such preparation or cooking.

PART F

VENTILATION

Means of ventilation.

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

Condensation in roofs.

F2. Adequate provision shall be made to prevent excessive condensation in a roof or in a roof void above an insulated ceiling.

PART G

HYGIENE

Bathrooms and kitchens.

G1. A dwelling shall be provided with --

(a) a bathroom containing either a fixed bath or a shower bath, and a washbasin, and

(b) a kitchen containing a sink of adequate size and a draining board, and

(c) a suitable installation for the provision of hot and cold water to the bath or shower bath, washbasin and sink.

Sanitary conveniences and washing facilities.

G2. (1) Adequate sanitary conveniences shall be provided in a building in rooms provided for that purpose, or in bathrooms, and every room or bathroom which contains a sanitary convenience shall be separated by means of a properly ventilated passage or lobby from any place where food is prepared or cooked.

(2) Adequate washbasins shall be provided in--

(a) rooms containing sanitary conveniences; or

(b) rooms or spaces adjacent to rooms containing sanitary conveniences.

(3) There shall be a suitable installation for the provision of hot and cold water to washbasins provided in accordance with sub-paragraph (2).

(4) Sanitary conveniences and washbasins shall be of such design and be so installed as to allow for effective cleaning.

Definition for this Part.

G3. In this Part, "sanitary convenience" means a water closet or a urinal.

PART H

DRAINAGE AND WASTE DISPOSAL

Drainage systems.

H1. (1) A building shall be provided with such a drainage system as may be necessary for the hygienic and adequate disposal of foul water from the building.

(2) A building shall be provided with such a drainage system as may be necessary for the adequate disposal of surface water from the building.

(3) No part of a drainage system conveying foul water shall be connected to a sewer reserved for surface water and no part of a drainage system conveying surface water shall be connected to a sewer reserved for foul water.

Septic tanks.

H2. A septic tank shall be--

(a) of adequate capacity and so constructed that it is impermeable to liquids;

(b) adequately ventilated; and

(c) so sited and constructed that--

(i) it is not prejudicial to the health of any person,

(ii) it does not pollute, so as to endanger public health, an water (including ground water) which is used as a source of supply for human consumption, and

(iii) there are adequate means of access for emptying.

Definitions for this Part.

H3. In this Part--

"combined drain" has the same meaning as in Section 10 of the Local Government (Sanitary Services) Act, 1948 (No. 3 of 1948);

"drain" in relation to a building means any pipe, forming part of the drainage system of the building, which is either--

(a) wholly underground, or

(b) a continuation, in the direction of flow, of part of a drainage system that has been underground,

and includes a "combined drain";

"drainage system", in relation to a building, means the system of pipes and drains used for the drainage of the building, including all other fittings, appliances and equipment so used but excluding subsoil water drains;

"foul water" means any water contaminated by soil water, waste water or trade effluent;

"sewer" has the same meaning as in the Local Government (Sanitary Services) Acts, 1878 to 1964;

"soil water" means water containing excreted matter, whether human or animal;

"surface water" means the run-off of rainwater from roofs and any paved ground surface around the building;

"trade effluent" means effluent from any works, apparatus, plant or drainage pipe used for the disposal to waters or to a sewer of any liquid (whether treated or untreated), either with or without particles of matter in suspension therein, which is discharged from premises used for carrying on any trade or industry (including mining), but does not include domestic sewage or surface water;

"waste water" means used water not being soil water or trade effluent.

PART J

HEAT PRODUCING APPLIANCES

Air supply.

J1. A heat producing appliance shall be so installed that there is an adequate supply of air to it for combustion and for the efficient working of any flue pipe or chimney.

Discharge of products of combustion.

J2. A heat producing appliance shall have adequate provision for the discharge of the products of combustion to the outside air.

Protection of building.

J3. A heat producing appliance and any flue pipe shall be so designed and installed, and any fire place and any chimney shall be so designed and constructed, as to reduce to a reasonable level the risk of the building catching fire in consequence of its use.

Definition for this Part.

J4. In this Part, "heat producing appliance" means an appliance (including a cooker and an open fire) which is designed to burn solid fuel, oil or gas and includes an incinerator.

PART K

STAIRWAYS, RAMPS AND GUARDS

Stairways, ladders and ramps.

K1. Stairways, ladders and ramps shall be such as to afford safe passage for the users of a building.

Protection from falling.

K2. In a building, the sides of every floor and balcony and every part of a roof to which people normally have access shall be guarded to protect users from the risk of falling therefrom.

Vehicle ramps, floors and roofs.

K3. In a building, the sides of every vehicle ramp and a every floor and roof to which vehicles have access shall be guarded against the risk of vehicles falling there from.

Application of this Part.

K4. The requirements of this Part apply to stairways, ladders and ramps which form part of the structure of a building.

PART L

CONSERVATION OF FUEL AND ENERGY

Conservation of fuel and energy.

L1. A building shall be so designed and constructed as to secure, insofar as is reasonably practicable, the conservation of fuel and energy.

PART M

ACCESS FOR DISABLED PEOPLE

Access and use.

M1. Reasonable provision shall be made to enable disabled people to have safe and independent access to a building and to those parts of the building to which it is appropriate to have access.

Sanitary conveniences.

M2. If sanitary conveniences are provided in a building, reasonable provision shall be made for disabled people.

Audience or spectator facilities.

M3. If a building contains fixed seating for audience or spectators, reasonable provision shall be made for disabled people.

Definition for this Part.

M4. In this Part "disabled people" means people who have an impairment of hearing or sight or an impairment which limits their ability to walk or which restricts them to using a wheelchair.

Application of this Part.

M5. This Part does not apply to dwellings.

SECOND SCHEDULE

Article 13

FORM OF APPLICATION FOR A DISPENSATION FROM, OR A RELAXATION OF, A REQUIREMENT OF BUILDING REGULATIONS

BUILDING CONTROL ACT, 1990

Application for Dispensation from, or Relaxation of, Building Regulations

Application is hereby made under Section 4 of the Building Control Act, 1990 for the grant of a dispensation from/relaxation of/ the requirement(s) of building regulations as specified below in connection with the works shown on the accompanying plans.

NOTES FOR GUIDANCE OF APPLICANT

1. The "accompanying plans" should include such plans as are necessary to support the application.

2. The application should state, having regard to the nature and extent of the relaxation or dispensation sought, why the applicant considers that the operation of the specified requirement is unreasonable in relation to the particular circumstances of the case.

GIVEN under the Official Seal of the Minister for the Environment

this 4th day of December, 1991.

RORY O'HANLON,

Minister for the Environment.

EXPLANATORY NOTE.

The Regulations set out requirements to be observed in the design and construction of certain buildings. The Regulations come into operation on the 1st June, 1992.