Building Regulations (Northern Ireland) Order 1979

Power to require or carry out tests for conformity with building regulations N.I.

12.—(1) The following paragraph shall have effect for the purpose of enabling a district council to ascertain, as regards any work or proposed work to which building regulations for the enforcement of which it is responsible are applicable, whether any provision of building regulations is or would be contravened by, or by anything done or proposed to be done in connection with, that work.

(2) The district council shall have power for that purpose—

(a) to require by notice in writing any person by whom or on whose behalf the work was, is being or is proposed to be done to carry out [F1 any prescribed tests which are] specified in the requirement; or

(b) itself to carry out any [F2 prescribed] tests of or in connection with the work, and to take any samples necessary to enable it to carry out any such test.

(3) Without prejudice to the generality of paragraph (2), [F3 the tests which may be prescribed] under that paragraph include—

(a) tests of the soil or subsoil of the site of any building;

(b) tests of any material, component or combination of components which has been, is being or is proposed to be used in the construction of a building, and tests of any service, fitting or equipment which has been, is being or is proposed to be provided in or in connection with a building.

(4) A district council shall have power, for the purpose of ascertaining whether there is or has been, in the case of any building, any contravention of any continuing requirement that applies in relation to that building—

(a) to require by notice in writing the owner or occupier of the building to carry out [F4 any prescribed tests which are] specified in the requirement under this sub-paragraph; or

(b) itself to carry out any tests which it has power to require under sub-paragraph ( a), and to take any samples necessary to enable it to carry out any such test.

In this paragraph “continuing requirement” means a continuing requirement imposed by building regulations made by virtue of Article 6(1) or (2).

(5) The expense of carrying out any tests which a person is required to carry out under this Article shall be met by that person but the district council, on an application made to it, may, if it thinks it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the district council.

(6) Any question arising under this Article between a district council and any person as to the reasonableness—

(a) of [F5 any requirement] imposed on him by the council under this Article; or

(b) of a refusal by the council to give a direction under paragraph (5) on an application made by him; or

(c) of a direction under that paragraph given on such an application,

may on the application of that person be determined by a court of summary jurisdiction; and in a case falling within sub-paragraph ( b) or ( c) the court may order the expense to which the application relates to be met by the district council to such extent as the court thinks just.

F1 Words in art. 12(2)(a) substituted (15.5.2012 being the day on which Art. 12 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(b)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 7(a)(i), 15(2)

F2 Word in art. 12(2)(b) substituted (15.5.2012 being the day on which Art. 12 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(b)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 7(a)(ii), 15(2)

F3 Words in art. 12(3) substituted (15.5.2012 being the day on which Art. 12 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(b)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 7(b), 15(2)

F4 Words in art. 12(4)(a) substituted (15.5.2012 being the day on which Art. 12 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(b)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 7(c), 15(2)

F5 Words in art. 12(6)(a) substituted (15.5.2012 being the day on which Art. 12 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(b)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 7(d), 15(2)

Commencement Information

I1 Art. 12 in operation at 15.5.2012 by S.R. 2012/187, art. 2