Building Regulations (Northern Ireland) Order 1979

Application of building regulations to the Crown N.I.

22.—(1) Except in so far as building regulations provide otherwise, the substantive requirements of building regulations—

(a) shall apply in relation to work carried out or proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) as they would apply if the person by or on behalf of whom the work was or is being carried out were not a Crown authority;

(b) so far as they consist of continuing requirements, shall apply to Crown authorities (whether or not in relation to Crown buildings) as they apply to persons who are not Crown authorities.

(2) Except in so far as building regulations provide otherwise, building regulations and the enactments relating to building regulations—

(a) shall apply in relation to work carried out or proposed to be carried out in relation to a Crown building, otherwise than by or on behalf of a Crown authority, and Article 6 and building regulations made by virtue thereof, shall in relation to a Crown building apply to persons other than Crown authorities as they would apply if the building were not a Crown building; and

(b) shall apply in relation to work carried out or proposed to be carried out by or on behalf of a government department acting for a person other than a Crown authority as they would apply if the work had been or were to be carried out by that person.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Article 20 and any building regulations made by virtue of paragraph (1) of that Article shall apply in relation to duties imposed by building regulations in their application in accordance with the preceding provisions of this Article.

(5) In this Article—

• “continuing requirement” means a continuing requirement of building regulations imposed by virtue of Article 6(1) or (2);

• “Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a department of the Government of Northern Ireland or of the United Kingdom or any other person whose functions are performed on behalf of the Crown (not being a person or body whose functions are performed on behalf of Her Majesty in Her private capacity);

• “Crown building” means a building [F2 occupied by the Crown] ;

• F3 ...

• “the substantive requirements of building regulations” means the requirements of building regulations with respect to the design and construction of buildings and the provision of services, fittings and equipment in or in connection with buildings (including requirements imposed by virtue of Article 6(1) or (2)( a) or ( b)) as distinct from procedural requirements.

(6) The preceding provisions of this Article shall, with any necessary modifications, apply in relation to the making of a material change in the use of a building within the meaning of building regulations made for the purposes of Article 5(1)( d) as they apply in relation to the carrying out of work.

F1 Art. 22(3) repealed (31.10.2012 being the day on which Art. 22 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 3) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 11(a), 15(3), Sch.

F2 Words in art. 22(5) substituted (31.10.2012 being the day on which Art. 22 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 3) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 11(b)(i), 15(3)

F3 Words in art. 22(5) repealed (31.10.2012 being the day on which Art. 22 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 3) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 11(b)(ii), 15(3), Sch.

Commencement Information

I1 Art. 22 in operation at 31.10.2012 by S.R. 2012/187, art. 3