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Building Regulations (Northern Ireland) Order 1979

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Special provisions as to materials, etc. unsuitable for permanent buildingsN.I.

9.—(1) This Article applies—

(a)to any work consisting of a part of a building, being a part in the construction of which there is used any material or component of a type which, in relation to a part of that description, is prescribed for the purposes of this sub-paragraph under paragraph (2); and

(b)to any work provided in or in connection with a building, being work consisting of a service, fitting or item of equipment of a type so prescribed for the purposes of this sub-paragraph.

(2) The Department may by building regulations—

(a)prescribe a type of material or component for the purposes of paragraph (1)( a) if in its opinion materials or components of that type are likely to be unsuitable for use in the construction of a particular part of a permanent building in the absence of conditions with respect to the use of the building or with respect to any material or component of that type used in the construction of a part of that description;

(b)prescribe a type of service, fitting or equipment for the purposes of paragraph (1)( b) if in its opinion services, fittings or equipment of that type are likely to be unsuitable for provision in or in connection with a permanent building in the absence of conditions with respect to the use of the building or with respect to any service, fitting or equipment of that type so provided.

(3) Where plans of any proposed work are, in accordance with building regulations, deposited with a district council and the plans show that the proposed work would include or consist of work to which this Article applies, the council may, notwithstanding that the plans conform with the regulations—

(a)reject the plans; or

(b)in passing the plans fix a period on the expiration of which the work to which this Article applies or the relevant building (as the council may in passing the plans direct) must be removed and, if it thinks fit, impose with respect to the use of the relevant building or with respect to the work to which this Article applies such reasonable conditions, if any, as it considers appropriate, so however that no condition as to the use of the relevant building shall be imposed which conflicts with any condition imposed or having effect as if imposed under [F1Parts 3 and 4 of the Planning Act (Northern Ireland) 2011] .

(4) If, in the case of any work in respect of which plans ought by virtue of building regulations to have been deposited with a district council but have not been so deposited, the work appears to the council to include or consist of work to which this Article applies, the council, without prejudice to its right to take proceedings in respect of any contravention of the regulations, may fix a period on the expiration of which the work to which this Article applies or the relevant building (as the council may in fixing the period direct) must be removed and, if it thinks fit, impose any conditions that might have been imposed under paragraph (3) in passing plans for the first-mentioned work and, where it fixes such a period, shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.

(5) If, in the case of any work appearing to the district council to fall within paragraph (1)( b), plans of the work were not required by building regulations to be deposited with the council, and were not so deposited, the council may at any time within twelve months from the date of the completion of the work fix a period on the expiration of which the work must be removed and, if it thinks fit, impose any conditions which, if plans of the work had been required to be, and had been, so deposited, might have been imposed under paragraph (3) in passing the plans and, where it fixes such a period, shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.

(6) A district council may from time to time extend any period fixed, or vary any conditions imposed, under this Article but so that, unless an application in that behalf is made to it by the owner of the relevant building, it shall not exercise its power of varying conditions so imposed except when granting an extension or further extension of the period fixed with respect to the work or building, as the case may be.

(7) Any person aggrieved by the action of a district council under this Article in rejecting plans, or in fixing or refusing to extend any period, or in imposing or refusing to vary any conditions,[F2 may, by notice in writing, appeal to the Department within the prescribed time] and the decision of the Department on an appeal brought by virtue of this paragraph—

(a)may confirm, revoke or vary the decision of the district council in any manner which to the Department seems proper in the circumstances; and

(b)shall be final and conclusive except on any question of law.

(8) Where a period has been fixed under this Article with respect to any work to which this Article applies or with respect to the relevant building, the owner of that building shall on the expiration of that period or, as the case may be, of that period as extended, remove the work or building with respect to which the period was fixed; and if he fails to do so, the district council may remove that work or building, as the case may be, and may recover from him the expenses reasonably incurred by it in doing so.

(9) A person who—

(a)contravenes any condition imposed under this Article or permits any such condition to be contravened; or

(b)contravenes paragraph (8);

shall be guilty of an offence under this Order.

(10) In this Article “the relevant building” means, in any particular case, the building mentioned in sub-paragraph ( a) or, as the case may be, sub-paragraph ( b), of paragraph (1).

F1Words in art. 9(3)(b) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 23 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

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