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Building Regulations (Northern Ireland) Order 1979

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Continuing requirementsN.I.

6.—(1) Building regulations may impose on owners and occupiers of buildings to which building regulations are applicable such continuing requirements as the Department considers appropriate for securing, with respect to any provision of building regulations designated in the regulations as a provision to which those requirements relate, that the purposes of that provision are not frustrated; but a continuing requirement imposed by virtue of this paragraph shall not apply in relation to a building unless a provision of building regulations so designated as one to which the requirement relates applies to that building.

(2) Building regulations may impose on owners and occupiers of buildings of any prescribed class (whenever erected, and whether or not any building regulations were applicable to them at the time of their erection) continuing requirements with respect to all or any of the following matters, namely—

(a)the conditions subject to which any services, fittings or equipment provided in or in connection with any building of that class may be used;

(b)the inspection and maintenance of any services, fittings or equipment so provided; and

(c)the making of reports to any prescribed authority on the condition of any services, fittings or equipment so provided.

(3) If a person contravenes a continuing requirement imposed by virtue of this Article, the district council, without prejudice to its right to take proceedings for a fine in respect of the contravention, may execute any work or take any other action required to remedy the contravention, and may recover from that person the expenses reasonably incurred by it in doing so.

(4) Where a district council has power under paragraph (3) to execute any work or take any other action it may, before exercising that power, by notice require the owner or the occupier of the building to which the contravention referred to in that paragraph relates to execute that work or take that action within such time as is specified in the notice.

(5) The provisions of Article 15 shall have effect in relation to continuing requirements imposed by virtue of this Article subject to the following modifications, that is to say—

(a)a direction under that Article shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction; and

(b)paragraph (4) of that Article shall be construed as also authorising the giving of a direction for a limited period.

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