Building Regulations (Northern Ireland) Order 1979

Type relaxation of building regulations by the Department N.I.

7.—(1) If the Department considers that the operation of any requirement of building regulations would be unreasonable in relation to any particular type of building matter, it may, either on an application made to it or of its own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either unconditionally or subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation.

(2) A direction under paragraph (1)—

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

(b) may be varied or revoked by a subsequent direction of the Department.

(3) Building regulations may require a person making an application under paragraph (1) to pay the prescribed fee to the Department but the Department may in any particular case remit the whole or part of any fee payable by virtue of this paragraph.

(4) Before giving a direction under this Article the Department shall consult such persons as appear to it to be representative of the interests concerned.

(5) Where the Department gives a direction under this Article it shall publish notice of that fact in such manner as it thinks fit.

(6) A person who contravenes any condition specified in a direction given under this Article or permits any such condition to be contravened shall be guilty of an offence under this Order.

(7) If at any time a direction under paragraph (1) dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of paragraph (2)( a) or is varied or revoked under paragraph (2)( b), that fact shall not affect the continued operation of the direction (with any conditions specified therein) in any case in which before that time plans of the proposed work were, in accordance with building regulations, deposited with a district council.

(8) In this Article and Article 8 “building matter” means any building or other matter whatsoever to which building regulations are in any circumstances applicable.