Building Regulations (Northern Ireland) Order 1979

[F1 Power of district councils to approve types of building, etc.] N.I.

8.—(1) The following provisions of this Article shall have effect with a view to enabling [F2 a district council, on an application made to it], to approve any particular type of building matter as complying, either generally or in any class of case, with particular requirements of building regulations.

(2) Paragraph (1) applies only to such building matters as may be prescribed for the purposes of this Article.

(3) An application for the approval under this Article of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included therein.

[F3 (3A) Before approving a type of building matter as complying with particular requirements of building regulations, either generally or in any class of case, a district council shall consult with such persons as may be prescribed.]

(4) Where under paragraph (1) [F4 a district council] approves a type of building matter as complying with particular requirements of building regulations either generally or in any class of case, it [F5 shall] issue a certificate to that effect specifying—

(a) the type of building matter to which the certificate relates;

(b) the requirements of building regulations to which the certificate relates; and

(c) where applicable, the class or classes of case to which the certificate applies.

(5) A certificate under this Article may specify conditions subject to which it would continue to have effect and shall, if it so provides, cease to have effect at the end of such period as may be specified in the certificate.

(6) If, while a certificate under this Article is in force, it is found, in any particular case involving a building matter of the type to which the certificate relates, that the building matter in question is of that type and the case is one to which the certificate applies, that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates.

[F6 (7) A district council may vary a certificate issued by it under this Article either on an application made to it or of its own accord and, except where it varies the certificate on the application of the person who applied for the certificate under paragraph (1), shall before varying it give that person reasonable notice that it proposes to do so.]

F7 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Where [F8 a district council] issues a certificate under this Article or varies F9 ... a certificate so issued, it shall publish notice of that fact in such [F10 manner as may be prescribed] .

(11) If at any time a certificate under this Article ceases to have effect by virtue of paragraph (5) or is varied F11 ... under the preceding provisions of this Article that fact shall not affect the continued operation of paragraph (6) by virtue of that certificate in any case in which before that time plans of the proposed work were, in accordance with building regulations, deposited with a district council.

(12) For the purposes of paragraph (4) or any variation of a certificate under paragraph (7), a class of case may be framed [F12 in such manner as may be prescribed] .

F7 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Art. 8 heading substituted (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(a), 15(1)

F2 Words in art. 8(1) substituted (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(b), 15(1)

F3 Art. 8(3A) inserted (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(c), 15(1)

F4 Words in art. 8(4) substituted (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(d)(i), 15(1)

F5 Word in art. 8(4) substituted (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(d)(ii), 15(1)

F6 Art. 8(7) substituted (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(e), 15(1)

F7 Art. 8(8)(9)(13) repealed (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(f), 15(1), Sch.

F8 Words in art. 8(10) substituted (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(g)(i), 15(1)

F9 Words in art. 8(10) repealed (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(g)(ii), 15(1), Sch.

F10 Words in art. 8(10) substituted (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(g)(iii), 15(1)

F11 Words in art. 8(11) repealed (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(h), 15(1), Sch.

F12 Words in art. 8(12) substituted (15.5.2012 being the day on which Art. 8 of the principal Order comes into operation by virtue of S.R. 2012/187, art. 2(a)) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 6(1)(i), 15(1)

Commencement Information

I1 Art. 8 in operation at 15.5.2012 by S.R. 2012/187, art. 2