The Building Regulations (1979 Order) (Commencement No. 3) Order (Northern Ireland) 2012

Statutory Rules of Northern Ireland

2012 No. 187 (C. 17)

Building Regulations

The Building Regulations (1979 Order) (Commencement No. 3) Order (Northern Ireland) 2012

Made

14th May 2012

The Department of Finance and Personnel, in exercise of the powers conferred by Article 1(2) of the Building Regulations (Northern Ireland) Order 1979(1), and now vested in it(2), makes the following Order:

Citation

1.  This Order may be cited as the Building Regulations (1979 Order) (Commencement No.3) Order (Northern Ireland) 2012.

Commencement

2.  The following Articles of the Building Regulations (Northern Ireland) Order 1979 shall come into operation on 15th May 2012—

(a) Article 8 (Power of district councils to approve types of buildings, etc.) and;

(b) Article 12 (Power to require or carry out tests for conformity with building regulations).

3.  Article 22 (Application of building regulations to the Crown) of the Building Regulations (Northern Ireland) Order 1979 shall come into operation on 31st October 2012.

Sealed with the Official Seal of the Department of Finance and Personnel on 14th May 2012.

Philip Irwin

A senior officer of the

Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the coming into operation on 15th May 2012 of Articles 8 and 12 of the Building Regulations (Northern Ireland) Order 1979 (as amended 1990 and 2009).

Article 8 allows a district council, either on an application made to it or of its own accord, to approve any particular type of building matter as may be prescribed as complying with particular requirements of building regulations.

Article 12 grants a district council the power to require tests to be carried out to ensure conformity with building regulations, or to carry out those tests itself. It also gives the district council the power to meet the costs of part or all of the tests required if the person required to carry out such tests applies to a district council for such costs and where it thinks it reasonable to do so. Article 12 also states that a dispute between the council and any person over the reasonableness of any tests imposed by the council, or over a council’s decision regarding payment for the tests, may be determined by a court of summary jurisdiction.

This Order also provides for the coming into operation on 31st October 2012 of Article 22 which binds the Crown to the substantive requirements of building regulations.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.I.No
Arts 1-4, 5 (partially), 7, 9 to 11, 13 (partially), 14 to 19, 21, 23, and 24	1st November 1980	S.R. 1980 No. 331 (c.9)
Article 13(2)(e)	22nd November 1982	S.R. 1982 No.380 (c.10)

(1)

S.I. 1979/1709 (N.I. 16) as amended by S.I. 1990/1510 (N.I. 14), Article 38(1) and Schedule 1, Part II; and 2009 c.4

(2)

See S.R. 1999 No. 481 Article 6 and Schedule 4, Part II