Building Regulations (Northern Ireland) Order 1979

Further provisions as to the making of building regulations and the exemption therefrom of certain classes of buildings N.I.

5.—(1) Without prejudice to the generality of Article 3(1) building regulations may—

(a) classify buildings by reference to size, design, purpose, location or any other description whatsoever;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) be framed to any extent by reference to [F2 guidance] published [F3 (whether before or after the making of the regulations)] [F4 by the Department in accordance with Article 5A;]

(d) make provision with respect to buildings or parts of buildings, together with any services, fittings or equipment provided in or in connection therewith, in cases where the purposes for which or the manner or circumstances in which a building or part of a building is used change in a way that constitutes a material change of use of the building or part within the meaning of the expression “material change of use” as defined for the purposes of this sub-paragraph by building regulations;

(e) make a prescribed person or class of persons (instead of district councils) responsible for performing prescribed functions of district councils under or in connection with building regulations, and for that purpose provide for any prescribed transferred provision relating to building regulations and any prescribed provision of such regulations to apply (with any prescribed modifications) in relation to a prescribed person or a person of a prescribed class as that transferred provision or provision applies in relation to a district council.

(2) Building regulations may exempt from all or any of the provisions of building regulations any prescribed class of buildings, services, fittings or equipment.

(3) Building regulations shall provide in appropriate cases for the deposit of plans with district councils and the serving of notices on district councils.

(4) Before amending any building regulations the Department shall consult the Advisory Committee and such other bodies as appear to the Department to be representative of the interests concerned.

(5) Requirements specified in any building regulations shall be such as in the opinion of the Department can reasonably be expected to be attained in buildings of the classes to which they relate, [F5 having regard to the need to—

(a) secure the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings;

(b) further the conservation of fuel and power;

(c) further the protection and enhancement of the environment; and

(d) promote sustainable development.]

F1 Art. 5(1)(b) repealed (31.10.2012) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 4(a), 15(4), Sch.; S.R. 2012/186, art. 3(a)

F2 Word in art. 5(1)(c) substituted (15.5.2012) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 4(b)(i), 15(4); S.R. 2012/186, art. 2(a)

F3 1990 NI 14

F4 Words in art. 5(1)(c) substituted (15.5.2012) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 4(b)(ii), 15(4); S.R. 2012/186, art. 2(a)

F5 Words in art. 5(5) substituted (31.8.2009) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 4(c), 15(4); S.R. 2009/272, art. 2(d)