Search Legislation

The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes over time for: Section 33

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990, Section 33. Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Contravention notices in respect of work contravening building regulationsN.I.

33.  For Article 18 of the principal Order there shall be substituted the following Article—

Contravention notices in respect of work contravening building regulations

18.(1) If any work to which building regulations apply contravenes any of those regulations, the district council of the district in which that work is being or has been done may by notice served on the owner require him—

(a)to pull down or remove the work; or

(b)if he so elects and the council so agrees, to effect such alterations or additions therein as may be necessary to make the work comply with the requirements of building regulations.

(2) A notice under this Article is in this Order referred to as “a contravention notice”.

(3) Where a district council has power to serve a contravention notice on the owner of any work, it may in addition or instead serve such a notice on one or more of the following persons, namely—

(a)the occupier;

(b)the person executing the work;

(c)the person causing the work to be executed;

(d)any other person appearing to the council to have control over the work.

(4) If any person on whom a contravention notice is served fails to comply with the notice before the expiration of 28 days from the date on which the notice is served, the district council may pull down or remove the work in question or effect such alterations or additions therein as it deems necessary to make the work conform with building regulations and the council may recover from that person the expenses reasonably incurred by the council in so doing.

(5) A contravention notice shall not be served after the expiration of 18 months from the date of completion of the work in question.

(6) Where—

(a)plans of any proposed work have, in accordance with building regulations, been deposited with, and passed by, a district council; and

(b)work has been executed in accordance with the plans and any requirement made by the district council as a condition of passing the plans,

it shall not be open to the district council to serve a contravention notice on the ground that that work contravenes any building regulations; but nothing in this paragraph shall be taken to prevent such a notice from being served (before the expiration of 18 months from the completion of the work) in respect of anything of which particulars were not required to be shown in the plans.

(7) A district council may at any time withdraw a contravention notice without prejudice to its power to serve another; and if a council withdraws a contravention notice—

(a)it shall forthwith give notice of the withdrawal to the person on whom the contravention notice was served; and

(b)the council shall not after the withdrawal be entitled to proceed under paragraph (4) by virtue of the contravention notice.

(8) This Article does not affect the right of a district council, the Attorney General or any other person to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any building regulations but if—

(a)the work is one in respect of which plans were deposited;

(b)the plans were passed by the district council; and

(c)the work has been executed in accordance with the plans,

the court on granting an injunction has power to order the district council to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of court cause the council, if not a party to the proceedings, to be joined as a party to them..

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.