Westmeath County Council is a Building Control Authority under the Building Control Act, 1990 and as such has powers of enforcement and prosecution to ensure compliance with Building Regulations and Building Control Regulations. Building Control should not be confused with Planning Control, which enforces the planning conditions of a development.
The legislative framework for the Building Control system is contained in the following:
1. The Building Control Act, 1990
2. Building Regulations
3. Building Control Regulations
The Act is the basis of Building Control and it allows for the establishment of Building Control Authorities. It empowers the Minister to make Building Regulations and Building Control Regulations. The Act also empowers a Building Control Authority to serve Enforcement Notices, to inspect works and buildings and to prosecute for non-compliance. The Building Control Act established a statutory duty to design and construct in accordance with Building Regulations. Every building to which Building Regulations apply should be designed and constructed in accordance with the Building Regulations and the responsibility for compliance rests with builders, designers and owners.
The Building Regulations set out the legal requirements for the design and construction of buildings. The Guidance to complying with the requirements is detailed in the Technical Guidance Documents.
The Building Control Regulations are procedural and administrative. Their purpose is to promote observance of the Building Regulations by supplementing the basic building control power of inspection and enforcement. They do this by requiring Commencement Notices for building works to be lodged with the Building Control Authority. They also require Fire Safety Certificates to be lodged with the Building Control Authority for certain buildings.