Building Regulations Background

In the late 1960s, the Northern Ireland Government established a Committee chaired by the Rt Hon R W B McConnell to “examine the existing law for the general regulation of building in Northern Ireland in the light of recent changes in Scotland, England and Wales”.

The Committee’s report, published in March 1970, recommended that the existing control of building through bye-laws and local Acts should be replaced with a new Building Act and Regulations similar to those in place in England & Wales.  The new system was established by the enactment of the Building Regulations (Northern Ireland) Order 1972, which was subsequently amended in 1978, before being replaced by the Building Regulations (Northern Ireland) Order 1979 (as amended 1990).  The 1979 Order is itself currently under review.

Under the 1979 Order, the Department is empowered to write Building Regulations for certain matters set out in the Order.  The current regulations are the Building Regulations (NI) 2000.

Building Regulations set requirements and standards for building that can reasonably be attained, having regard for the health, safety, welfare and convenience of people in or around buildings and others affected by buildings or building matters.  They also further the conservation of fuel and power, and make provisions for access to buildings.  In addition to our role in writing regulations, we are also the appeals body for all the current appeals procedures defined by the Order.  We may also, on request from an applicant, decide to relax or dispense with certain requirements of the building regulations.

The 1979 Order assigns a number of duties and responsibilities to your district council (which are exercised by the council’s Building Control Officers):

If you intend to erect, alter or extend a building, to install services, fittings or works to a building, or to materially change the use of a building, you must first seek approval to do so from your district council.  This may involve the submission of plans or (for domestic applications) a building notice to your local Building Control Office.  The appropriate fee should also accompany the plans or Notice.

District councils may, upon request from an applicant, relax or dispense with any of the requirements of building regulations where they feel it appropriate to do so.

District councils are responsible for the enforcement of the requirements of building regulations within their council boundaries.  As part of their enforcement duties, building control officers will carry out a number of site inspections to ensure that the work complies with the requirements of building regulations.  They may also serve a contravention notice where they discover work that does not comply with the regulations

The Department has a duty to consult with NIBRAC when making amendments to the Regulations.  NIBRAC is a statutory committee appointed by the Department to advise it on matters relating to building regulations.  Appointment to the committee is normally for a three-year term, with the option, by agreement on both sides, of a second three-year term

Appointments are unpaid, although members may be reimbursed for any out-of-pocket expenses incurred in the course of their duties.