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Insertion of sections 10A and 10B in Act of 1990
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38. The Act of 1990 is amended by the insertion of the following sections after section 10:
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“Withdrawal of enforcement notice
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10A. (1) Where an enforcement notice has taken effect under section 8(5) or been confirmed under section 9, the person on whom the notice was served may apply in writing to the building control authority concerned for the withdrawal of the enforcement notice on the grounds that the notice has been complied with.
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(2) An application under subsection (1) shall be accompanied by such plans, documents, or information concerning compliance that may be relevant to demonstrate to the building control authority compliance with the enforcement notice.
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(3) The building control authority concerned shall, within a period of 2 months beginning on the date of receipt of an application under subsection (1), or within such extended period as may at any time be agreed in writing between the applicant and the building control authority—
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(a) withdraw the enforcement notice where it is satisfied that it has been complied with, or
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(b) refuse to withdraw the enforcement notice, and, where the application is refused, state the reasons in writing for the refusal.
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(4) Where an application has been made under subsection (1) and the building control authority refuses to withdraw the enforcement notice, the person on whom the notice was served may, within 4 weeks of the date of the refusal, or such later date as may be permitted by the District Court, apply to the District Court for an order directing the building control authority to withdraw the enforcement notice.
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(5) An application under subsection (4) shall be on notice to the building control authority concerned.
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(6) On the hearing of an application under subsection (4), the District Court may—
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(a) dismiss the application and affirm the refusal of the building control authority to withdraw the enforcement notice, or
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(b) direct the building control authority to withdraw the enforcement notice.
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(7) Where an enforcement notice has been withdrawn by a building control authority under subsection (3), or in accordance with an order of the District Court under subsection (6)(b), the building control authority concerned shall notify, in writing, the person on whom the notice was served and note the decision to withdraw the notice and the date of the withdrawal of the notice.
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(8) The jurisdiction conferred on the District Court under this section shall be exercised by a judge of that court for the time being assigned to the district court district in which the building or works is situated.
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Enforcement notice regulations
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10B. (1) The Minister may make regulations providing for matters of procedure and administration for the service, and withdrawal, of enforcement notices and regulations under this section may make such incidental, consequential or supplementary provisions as may appear to the Minister to be necessary or expedient.
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(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters—
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(a) prescribing—
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(i) the form and content of—
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(I) enforcement notices, and
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(II) applications for the withdrawal of enforcement notices under section 10A,
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(ii) the plans, documents and information to be submitted with applications for the withdrawal of enforcement notices, and
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(iii) the procedures to apply in respect of the service of an enforcement notice, or the receipt of applications for the withdrawal of enforcement notices,
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(b) the registration of enforcement notices, applications for the withdrawal of enforcement notices and withdrawal of enforcement notices, and the making available of such information to such persons as may be prescribed, and
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(c) records to be kept, and the information to be provided to the Minister, by a building control authority for the purposes of this Act.”.
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