S.I. No. 263/2019 - Building Regulations (Part F Amendment) Regulations 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st June, 2019.

INDEX

I, DAMIEN ENGLISH, Minister of State at the Department for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 and section 18 of the Building Control Act 1990 (No. 3 of 1990) as amended and the Housing, Planning, Community and Local Government (Delegation of Ministerial Functions) Order 2017 ( S.I. No. 131 of 2017 ) hereby make the following regulations:

Citation

1. (1) These Regulations may be cited as the Building Regulations (Part F Amendment) Regulations 2019.

(2) The Building Regulations 1997 - 2017 and these Regulations may be cited together as the Building Regulations 1997 to 2019 and shall be construed together as one.

Commencement

2. Subject to Regulation 5, these Regulations shall come into operation on 1 November 2019.

Interpretation generally

3. In these Regulations: –

“Building Regulations 1997 - 2019” means the Building Regulations 1997 ( S.I. No. 497 of 1997 ) as amended by the Building Regulations (Amendment) Regulations 2017 ( S.I. No. 556 of 2009 );

“Directive” means Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast);

“Substantial work has been completed” means that the structure of the external walls of the dwelling has been erected;

Application

4. These Regulations shall apply to works, to a building in which a material change of use takes place or to a building which undergoes a major renovation, where the relevant works, change of use or major renovation commence or take place, as the case may be, on or after 1^st November 2019 except where -

(a) a planning application is made on or before 31^st October 2019 for planning permission or approval pursuant to the Planning and Development Act 2000 (No. 30 of 2000) and where substantial work has been completed by 31^st October 2020; or

(b) a notice pursuant to the provisions of Part 8 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) has been published on or before 31^st October 2019 and where substantial work has been completed by 31^st October 2020.

Amendments to the Building Regulations 1997 - 2019

5. The Building Regulations 1997 - 2019 are amended by: -

(a) substituting for Part F of the Second Schedule, the following -

“Part F

Ventilation

Means of Ventilation.

F1 Adequate and effective means of ventilation shall be provided for people in buildings. This shall be achieved by

a) limiting the moisture content of the air within the building so that it does not contribute to condensation and mould growth, and

b) limiting the concentration of harmful pollutants in the air within the building.

Condensation in roofs.

F2 Adequate provision shall be made to prevent excessive condensation in a roof or in a roof void above an insulated ceiling.”

GIVEN under my hand,

17 June 2019

DAMIEN ENGLISH,,

Minister of State at the Department of Housing, Planning and Local Government

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend Part F (Ventilation) of the Second Schedule to the Building Regulations 1997 – 2018 to set effective standards of ventilation and support the measures introduced in Part L Regulations 2017 European Union (Energy Performance of Buildings) Regulations 2019– S.I. No. 538 of 2017 and S.I. No. 183 of 2019 .

The regulations apply in respect of dwellings which are commenced on or after 1^st November 2019.

Transitional arrangements apply in relation to buildings for which planning permission or approval is applied for on or before 31^st October 2019, and where substantial work has been completed by 31^st October 2020.