Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025

Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2025 Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 20 of 2025 CONTENTS

PART 1

Preliminary and General Section

Section 1

PART 2

Amendment of Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

Section 27

Section 28

Section 29

Section 30

Section 31

PART 3

Amendment of Building Control Act 1990

Section 32

Section 33

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

PART 4

Amendment of other Acts

Section 41

Section 42

PART 1

Preliminary and General Short title, commencement and collective citation 1. (1) This Act may be cited as the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025.

Part 3

may be cited together as the Building Control Acts 1990 to 2025.

PART 2

Amendment of Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 Interpretation (Part 2) 2. In this Part, “Principal Act” means the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 .

Amendment of section 2 of Principal Act 3. Section 2(1) of the Principal Act is amended by the insertion of the following definition: “ ‘increased grant’ has the meaning given to it by section 17A(6)(a);”.

Amendment of section 7 of Principal Act 4. Section 7 of the Principal Act is amended— (a) by the substitution, in the definition of “post works remedial works plan”, of “section 18 or 18A, as the case may be” for “section 18”, (b) by the substitution, in the definition of “unauthorised structure” of “2000;” for “2000.”, and (c) by the insertion of the following definitions: “ ‘qualifying expenditure’ has the meaning given to it by section 17A; ‘revised I.S. 465:2018’ has the meaning given to it by section 23A(1); ‘updated remediation option’ has the meaning given to it by section 23A(1)(b); ‘updated remediation option grant’ has the meaning given to it by section 23A(1)(b).”.

Amendment of section 10 of Principal Act 5. Section 10 of the Principal Act is amended— (a) by the deletion, in subsection (3), of “or, where applicable, the total amount of a remediation option grant and an ancillary grant referred to in subsection (1) and (2),”, and (b) by the insertion of the following subsections after subsection (4): “(4A) The total amount which may be paid to a relevant owner under sections 18, 18A and 22 shall not exceed the amount referred to in subsection (3). (4B) The designated local authority shall, before making a payment to a relevant owner under section 18, 18A or 22, as the case may be, review the total amount of payments made to the relevant owner under sections 18, 18A and 22 and the designated local authority shall, where necessary to comply with subsection (4A), reduce the amount of the remediation option grant, the increased grant or the ancillary grant, as the case may be.”.

Amendment of section 13 of Principal Act 6. Section 13(11) of the Principal Act is amended by the substitution, in paragraph (b), of “90 days” for “28 days”.

Damage threshold for attached dwellings 7. The Principal Act is amended by the insertion of the following section after section 15: “15A. (1) Where a determination is made under section 15(1)(b) that a relevant dwelling does not meet the damage threshold, the relevant owner may make a notification under subsection (2) where— (a) the relevant dwelling is— (i) terraced or semi-detached, and (ii) connected to another relevant dwelling, (in this section the first-mentioned relevant dwelling is referred to as an ‘attached dwelling’), and (b) the Housing Agency has approved a remediation option and remediation option grant under section 16(4)(a) in relation to the relevant dwelling referred to in paragraph (a)(ii).

Amendment of section 17 of Principal Act 8. Section 17 of the Principal Act is amended— (a) by the substitution, in subsection (3), of “section 18 or 18A, as the case may be,” for “section 18”, and (b) by the substitution, in subsection (8)(a), of “with section 18 or 18A, as the case may be, and section 19” for “sections 18 and 19”.

Application for increase to remediation option grant 9. The Principal Act is amended by the insertion of the following section after section 17: “17A. (1) A relevant owner may apply to the designated local authority for an increase to the remediation option grant where the relevant owner— (a) received, before the coming into operation of the section 11 Order on 23 October 2024, a notification under section 16(9) which relates to a decision under section 16(4)(a), and (b) has evidence of qualifying expenditure.

Amendment of section 18 of Principal Act 10. Section 18 of the Principal Act is amended— (a) by the substitution, in subsection (1), of “section 10(4B), 16(8), 17(5) or 23B(9)” for “section 16(8) or 17(5)”, and (b) by the substitution, in subsection (4)(a), of “section 10(4B), 16(8), 17(5) or 23B(9)” for “section 16(8) or 17(5)”.

Payment of increased grant 11. The Principal Act is amended by the insertion of the following section after section 18: “18A. (1) Subject to subsection (5), a relevant owner may apply to the designated local authority for payment of an increased grant for qualifying expenditure, in whole or in parts, subject to any reduction made under subsection (8), section 10(4B) or subsection (8) or (9) of section 17A.

Amendment of section 19 of Principal Act 12. Section 19 of the Principal Act is amended— (a) in subsection (1)— (i) by the substitution of “Subject to subsections (1A) to (1C), (3) and (13), a payment may only be made to a relevant owner under section 18 or 18A, as the case may be” for “Subject to subsection (3), a payment may only be made to a relevant owner under section 18”, and (ii) by the substitution, in paragraph (b), of “under section 18 or 18A, as the case may be, within 130 weeks” for “under section 18 within 65 weeks”, (b) by the insertion of the following subsections after subsection (1): “(1A) The period referred to in subsection (1)(b) shall not apply to an application for a payment under section 18A by a relevant owner referred to in subsection (5) of that section. (1B) The periods referred to in paragraphs (a) and (b) of subsection (1) shall be suspended from the date an application is made under section 23A(1) until— (a) in the case of a refusal under section 23A(5)(b), the later of— (i) the date of a notification under section 23A(7), or (ii) where the relevant owner has made an appeal under Part 5 in respect of that refusal, the date of the decision of the Appeal Board under section 39 to affirm that decision, or (b) in the case of a refusal under section 23B(4)(b), the later of— (i) the date of a notification under section 23B(10), or (ii) where the relevant owner has made an appeal under Part 5 in respect of that refusal, the date of the decision of the Appeal Board under section 39 to affirm that decision. (1C) Subject to section 23B(10)(a)(ii), the periods referred to in paragraphs (a) and (b) of subsection (1) shall not apply to an application for payment referred to in clause (I) or (II) of section 23B(10)(a)(ii), following a notification under section 23B(10) that relates to an approval under section 23B(4)(a).”, (c) by the substitution, in subsection (3)(b), of “section 18 or 18A, as the case may be,” for “section 18”, (d) by the substitution, in subsection (4)(a), of “2 weeks” for “12 weeks”, and (e) by the insertion of the following subsection after subsection (12): “(13) Where, before the date of the coming into operation of section 12(a)(ii) of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025, the designated local authority refused a request to extend the period referred to in subsection (1)(b), the relevant owner may, notwithstanding subsection (1)(b), make an application for a payment under section 18 or 18A, as the case may be, not later than 65 weeks after the date of the coming into operation of the said section 12(a)(ii).”.

Amendment of section 21 of Principal Act 13. Section 21 of the Principal Act is amended— (a) by the substitution, in subsection (1), of “section 18 or 18A, as the case may be” for “section 18”, and (b) by the substitution, in subsection (4)(a), of “section 18(3) or 18A(4), as the case may be” for “section 18(3)”.

Amendment of section 22 of Principal Act 14. Section 22 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) Where a remediation option grant is approved under section 16(4)(a), the relevant owner concerned may apply to the designated local authority for an ancillary grant.”, (b) by the substitution, in subsection (2), of “Subject to subsection (2A), an ancillary grant” for “An ancillary grant”, (c) by the insertion of the following subsection after subsection (2): “(2A) Where an adjacent remediation option has been approved under section 22A(6)(a), an ancillary grant shall only be approved in respect of costs incurred by the relevant owner for the purposes referred to in section 10(2)(c).”, and (d) in subsection (7)— (i) by the substitution, in paragraph (a), of “or” for “and”, and (ii) by the insertion, in paragraph (b), of “, subject to any reduction made under section 10(4B)” after “(6)”.

Application for an adjacent remediation option 15. The Principal Act is amended by the insertion of the following section after section 22: “22A. (1) Where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the relevant owner may apply to the designated local authority for approval to construct a new dwelling in the curtilage of the relevant dwelling (in this section referred to as an ‘adjacent remediation option’) to replace the approved remediation option.

(e) section 21(2) shall be construed as if the following paragraph were substituted for paragraph (a): ‘(a) the approved remediation option, or any additional works completed by the relevant owner, did not result in the construction of a new dwelling, and’.

Amendment of section 23 of Principal Act 16. Section 23 of the Principal Act is amended— (a) by the substitution, in subsection (8), of “modifications” for “modification” in each place where it occurs, and (b) by the substitution of the following subsection for subsection (9): “(9) The modifications are: (a) the reference in section 17A(1)(a) to ‘a notification under section 16(9) which relates to a decision under section 16(4)(a)’ shall be construed as a reference to ‘a revised approval’; (b) the period referred to in section 19(1)(b) shall continue to apply as if the revised approval was made on the date of the first approval.”.

Insertion of new sections 23A and 23B in Principal Act 17. The Principal Act is amended by the insertion of the following sections after section 23: “Application for review of approved remediation option 23A. (1) Where an approved remediation option is not the demolition of the relevant dwelling and the reconstruction of the dwelling, the relevant owner may, after the first amendment or replacement of I.S. 465:2018 by the National Standards Authority of Ireland (in this Part referred to as the ‘revised I.S. 465:2018’), apply to the designated local authority for— (a) a review of the approved remediation option having regard to the revised I.S. 465:2018, and (b) approval of a new remediation option (in this Part referred to as the ‘updated remediation option’) and a new remediation option grant (in this Part referred to as the ‘updated remediation option grant’) to replace the approved remediation option and remediation option grant.

Consideration by Housing Agency of application for updated remediation option and grant 23B. (1) Following receipt of an application pursuant to section 23A(5)(a), the Housing Agency shall arrange for an authorised officer who is a competent engineer to assess the relevant dwelling having regard to the revised I.S. 465:2018 and submit a report of the assessment to the Housing Agency in accordance with this section.

Amendment of section 24 of Principal Act 18. Section 24 of the Principal Act is amended— (a) by the insertion of the following subsection after subsection (4): “(4A) Notwithstanding section 9(2)(a), an individual shall be regarded as a relevant owner for the purposes of a notification under subsection (4) if he or she— (a) is an individual who is— (i) married to a relevant owner of a relevant dwelling, (ii) a civil partner of a relevant owner of a relevant dwelling, or (iii) a cohabitant of a relevant owner of a relevant dwelling, and (b) became a joint owner of the relevant dwelling on or after 31 January 2020.”, (b) by the insertion, in subsection (6), of the following paragraph after paragraph (b): “(ba) the documents or information which may be considered evidence of the matters referred to in paragraphs (a) and (b) of subsection (4A);”, and (c) by the insertion of the following subsection after subsection (6): “(7) In this section— ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ‘civil partner’ shall be construed in accordance with section 3 of the Act of 2010; ‘cohabitant’ shall be construed in accordance with section 172(1) of the Act of 2010.”.

Amendment of section 26 of Principal Act 19. Section 26 of the Principal Act is amended— (a) by the substitution, in subsection (1), of “Where a remediation option grant, an increased grant or an updated remediation option grant is not reduced under section 16(8), 17A(8) or 23B(9), as the case may be,” for “Where a remediation option grant is not reduced under section 16(8)”, (b) by the substitution, in subsection (2), of “section 18 or 18A, as the case may be” for “section 18”, (c) by the substitution, in subsection (3)(a), of “sections 18 and 18A” for “section 18”, and (d) by the substitution, in subsection (4), of “section 18 or 18A” for “section 18”.

Amendment of section 27 of Principal Act 20. Section 27 of the Principal Act is amended— (a) by the substitution, in subsection (1), of “section 18 or 18A, as the case may be” for “section 18”, and (b) in subsection (2)— (i) by the substitution, in paragraph (a), of “section 18 or 18A, as the case may be” for “section 18”, and (ii) by the insertion of the following paragraph after paragraph (c): “(ca) the relevant owner fails to demolish the relevant dwelling and to provide a certificate of demolition pursuant to section 22A(8)(a)(iii);”.

Amendment of section 28 of Principal Act 21. Section 28 of the Principal Act is amended— (a) by the substitution, in subsection (1), of “Subject to subsections (2), (3) and (3A)” for “Subject to subsections (2) and (3)”, and (b) by the insertion of the following subsection after subsection (3): “(3A) Subsection (1) shall not apply to development consisting of the completion of an adjacent remediation option that has been approved under section 22A(6)(a).”.

Amendment of section 29 of Principal Act 22. Section 29(1) of the Principal Act is amended by the substitution of “section 18, 18A or 22, as the case may be,” for “section 18 or 22”.

Amendment of section 30 of Principal Act 23. Section 30 of the Principal Act is amended— (a) by the substitution of the following definition for the definition of “charged amount”: “ ‘charged amount’ means the first charged amount or, if applicable, the second charged amount;”, (b) by the substitution of the following definition for the definition of “charging order”: “ ‘charging order’ means the first charge or, if applicable, the second charge,”, (c) by the substitution of the following definition for the definition of “relevant date”: “ ‘relevant date’ means 1 January in the year immediately following the year in which the designated local authority made the later of— (a) the final part payment of a remediation option grant, or the payment of the whole of the remediation option grant, to the relevant owner under section 18, (b) the final part payment of an increased grant, or the payment of the whole of the increased grant, to the relevant owner under section 18A, or (c) the final payment of an ancillary grant under section 22;”, (d) by the substitution, in the definition of “relevant owner”, of “section 31(1);” for “section 31(1).”, and (e) by the insertion of the following definitions: “ ‘first charge’ means an order made under section 31(1); ‘first charged amount’ means the amount referred to in section 31(2); ‘retrospective payment’ has the meaning given to it by section 31(1A); ‘second charge’ means an order made under section 31(1A); ‘second charged amount’ means the amount referred to in section 31(2A).”.

Amendment of section 31 of Principal Act 24. Section 31 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) The designated local authority shall make an order charging a relevant dwelling in the terms specified in this section as soon as practicable after the designated local authority makes the later of— (a) the final part payment of a remediation option grant, or a payment of the whole of a remediation option grant under section 18, (b) the final part payment of an increased grant, or the payment of the whole of the increased grant under section 18A, or (c) the final payment of an ancillary grant under section 22, to a person who is a relevant owner by virtue of section 9(3)(b) (in this Chapter referred to as a ‘relevant owner’).”, (b) by the insertion of the following subsection after subsection (1): “(1A) Where the designated local authority makes a payment under section 18A to a relevant owner who is a person referred to in section 18A(5) (in this Chapter referred to as a ‘retrospective payment’), after the date that the first charge is deemed to have been executed under section 34(2), the designated local authority shall make a second order charging the relevant dwelling in the terms specified in this section as soon as practicable after it makes the retrospective payment.”, (c) by the substitution of the following subsection for subsection (2): “(2) Subject to subsections (2A) and (3), a first charge shall create a charge over the relevant dwelling in favour of the designated local authority in the amount of the aggregate of all the payments made to the relevant owner in respect of the relevant dwelling under sections 18, 18A and 22.”, and (d) by the insertion of the following subsections after subsection (2): “(2A) A second charge shall create a charge over the relevant dwelling in favour of the designated local authority in the amount of the retrospective payment made to the relevant owner in respect of the relevant dwelling under section 18A. (2B) For the purposes of this Chapter— (a) subject to paragraph (b), the making of a second charge under subsection (1A) shall not alter the relevant date, (b) if a deed of discharge is issued under section 35(1) in respect of the first charge, the relevant date shall be 1 January in the year immediately following the year in which the designated local authority made the retrospective payment, (c) subject to paragraph (d), on and after the date the second charge is deemed to have been executed under section 34(2)(b), the incremental release shall be applied in accordance with this Chapter, and

(d) the incremental release shall be applied separately to the first charged amount and to the second charged amount.”.

Amendment of section 32 of Principal Act 25. Section 32(1) of the Principal Act is amended by the substitution of “the first charged amount and the second charged amount, as reduced by section 31(3), if applicable,”, for “the charged amount or reduced charged amount”.

Amendment of section 33 of Principal Act 26. Section 33(4) of the Principal Act is amended, in paragraph (b), by the substitution of “the first charged amount and the second charged amount, as reduced by section 31(3), if applicable,”, for “the charged amount or reduced charged amount, as the case may be,”.

Amendment of section 34 of Principal Act 27. Section 34 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (2): “(2) A charging order shall be deemed to be a legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009 and— (a) the first charge shall be deemed to have been executed on the later of— (i) the date of the final part payment of a remediation option grant, or the payment of the whole of the remediation option grant, to the relevant owner under section 18, (ii) the date of the final part payment of an increased grant, or the payment of the whole of the increased grant, to the relevant owner under section 18A, or (iii) the date of the final payment of an ancillary grant to the relevant owner under section 22, and (b) the second charge shall be deemed to have been executed on the date of the retrospective payment.”, and (b) by the substitution, in subsection (4), of “section 31(2) or section 31(2A), as the case may be” for “section 31(2)”.

Amendment of section 39 of Principal Act 28. Section 39(1) of the Principal Act is amended— (a) by the substitution of “15A(4)(b), 16(4) and 17A(6), subsections (7), (8) and (9) of section 18, subsections (12), (13), (14) and (15) of section 18A and section 22A(6), 23A(5)(b) and 23B(4)” for “16(4), and subsections (7), (8) and (9) of section 18”, and (b) by the substitution, in paragraph (a), of “within 90 days of” for “not later than 28 days after”.

Amendment of section 43 of Principal Act 29. Section 43(7) of the Principal Act is amended by the substitution of “section 13 or 23A, as the case may be” for “section 13”.

Amendment of section 47 of Principal Act 30. Section 47 of the Principal Act is amended— (a) by the insertion of the following subsections after subsection (3): “(3A) The SEAI may share information with a designated local authority where it is necessary and proportionate to establish the funding which has been provided or is to be provided by the SEAI to a person who has made an application under section 13, 17A or 23A, as the case may be. (3B) The information referred to in subsection (3A) may include: (a) a relevant owner’s name and address; (b) the address and Eircode of a relevant dwelling; (c) the meter point reference number assigned to an electricity account in the relevant dwelling; (d) an application for funding made by a relevant owner to the SEAI; (e) the amount of funding provided or to be provided by the SEAI to a relevant owner; (f) the purpose of funding provided or to be provided by the SEAI to a relevant owner.”, and (b) by the substitution of the following subsection for subsection (4): “(4) In this section— ‘public body’ has the same meaning as it has in section 10 of the Data Sharing and Governance Act 2019 and shall also include— (a) the SEAI, (b) the Geological Survey of Ireland, and (c) the National Standards Authority of Ireland; ‘SEAI’ means the Sustainable Energy Ireland - The Sustainable Energy Authority of Ireland.”.

Amendment of section 53 of Principal Act 31. Section 53(1) of the Principal Act is amended— (a) by the substitution of “section 13 or 23A, as the case may be,” for “section 13”, and (b) by the substitution, in paragraph (a), of “section 13(7) or 23A(5), as the case may be,” for “section 13(7)”.

PART 3

Amendment of Building Control Act 1990 Interpretation (Part 3) 32. In this Part, “Act of 1990” means the Building Control Act 1990 .

Amendment of section 3 of Act of 1990 33. Section 3 of the Act of 1990 is amended, in subsection (2), by the insertion of the following paragraph after paragraph (d): “(da) making provision for certain specified information to be provided in relation to products, materials or systems used or installed in, or in connection with, buildings or works;”.

Amendment of section 6 of Act of 1990 34. Section 6 of the Act of 1990 is amended— (a) in subsection (2)— (i) in paragraph (a)— (I) in subparagraph (ii), by the substitution of “fire safety design certificate” for “fire safety certificate”, (II) in subparagraph (iv), by the substitution of “fire safety design certificate” for “fire safety certificate” in both places where it occurs, (III) in subparagraph (v), by the substitution of “fire safety design certificate” for “fire safety certificate” in both places where it occurs, (IV) in subparagraph (vi)— (A) by the substitution of “fire safety design certificate” for “fire safety certificate” in both places where it occurs, and (B) by the substitution of “revised fire safety design certificate” for “revised fire safety certificate”, (V) in subparagraph (ix), by the substitution of “access to, and use of, a building for persons with disabilities (an ‘access and use design certificate’)” for “access to a building for persons with disabilities (a ‘disability access certificate’)”, (VI) in subparagraph (x)— (A) by the substitution of “fire safety design certificate” for “fire safety certificate” in both places where it occurs, (B) by the substitution of “revised fire safety design certificate” for “revised fire safety certificate”, (C) by the substitution of “an access and use design certificate” for “a disability access certificate” in both places where it occurs, (D) by the substitution of “revised access and use design certificate” for “revised disability access certificate”, and (E) by the substitution of “building control authority,” for “building control authority, and”, (VII) in subparagraph (xi)— (A) in clause (I), by the substitution of “fire safety design certificate, an access and use design certificate, a revised fire safety design certificate, a revised access and use design certificate, a regularisation certificate or a regularisation fire safety design certificate” for “fire safety certificate or disability access certificate (or, as the case may require, a revised certificate of either kind) or a regularisation certificate”, and (B) in clause (II), by the substitution of “attachment of conditions to any of them, and” for “attachment of conditions to any of them;”, and (VIII) by the insertion of the following subparagraphs after subparagraph (xi): “(xii) where work has been commenced or completed in respect of the construction of a building or an extension of or material alteration to a building and such notice as may be specified in regulations made under paragraph (k) has not been given in accordance with those regulations, the submission to a building control authority of a notice in writing (in this section referred to as a ‘regularisation notice’) by a person who has commenced or completed such work,

(xiii) the submission to a building control authority, by a person who submits a regularisation notice, of a statutory declaration (in this Act referred to as a ‘regularisation notice statutory declaration’) made by that person stating that any works that have been commenced before the submission of the regularisation notice concerned comply with the building regulations, (xiv) the submission to a building control authority of certificates on completion of works (in this Act referred to as ‘certificates of compliance on completion’) being certificates relating to compliance with the building regulations (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) after the completion of the construction of any buildings, classes of buildings, works or classes of works, to which such building regulations apply, (xv) where work has been commenced or completed in respect of the construction of a building or an extension of or a material alteration to a building, and no application has been made for a fire safety design certificate that is required under building control regulations for such construction, extension of, or material alteration to, a building, the submission to a building control authority of an application for a certificate (in this Act referred to as a ‘regularisation fire safety design certificate’) which shall be accompanied by drawings of the relevant works and a statutory declaration from the applicant stating that such works would comply (subject to any relevant dispensation or relaxation already granted under section 4 or 5, any conditions attached to the certificate or to any appeal under section 7 which has been allowed) with such provisions of the building regulations relating to fire safety as may be prescribed, (xvi) that a new building, or an existing building in respect of which an extension or a material alteration has been made, shall not be opened, operated or occupied or permitted to be opened, operated or occupied— (I) unless a regularisation fire safety design certificate required by regulations under this Act has been granted by the building control authority in relation to the building, or (II) if such an appeal is made to it, pending the determination of an appeal under section 7 relating to a refusal to grant a regularisation fire safety design certificate or the attachment of conditions to such a certificate, (xvii) the submission to a building control authority, in relation to work the subject of a regularisation notice, of regularisation certificates on completion of works (in this Act referred to as ‘regularisation certificates of compliance on completion’) being certificates relating to compliance with the building regulations (subject to any relevant dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed) after the completion of the construction of any buildings, classes of buildings, works or classes of works, to which such building regulations apply, and

(xviii) that a new building, or an existing building in respect of which an extension or a material alteration has been made shall not be opened, operated or occupied or permitted to be opened, operated or occupied unless a certificate of compliance on completion, or a regularisation certificate of compliance on completion, required by regulations under this Act has been submitted to the building control authority in relation to the buildings, works or classes of works, to which such building regulations apply, and registered in accordance with paragraph (f).”, and (ii) in paragraph (b)— (I) in subparagraph (i)— (A) in clause (II), by the substitution of “fire safety design certificates, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificates, access and use design certificates and revised access and use design certificates” for “fire safety certificates, revised fire safety certificates, regularisation certificates, disability access certificates and revised disability access certificates”, and (B) by the insertion of the following clause after clause (V): “(VI) regularisation notices and regularisation notice statutory declarations,”, and (II) in subparagraph (ii), by the substitution of “fire safety design certificates, 7 day notices, 7 day notice statutory declarations, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificate, access and use design certificates, building energy rating certificates, revised access and use design certificates” for “fire safety certificates, 7 day notices, 7 day notice statutory declarations, revised fire safety certificates, regularisation certificates, disability access certificates, building energy rating certificates, revised disability access certificates”, (iii) in paragraph (d), by the substitution of “fire safety design certificates, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificates, access and use design certificates and revised access and use design certificates” for “fire safety certificates”, (iv) in paragraph (e), by the substitution of “fire safety design certificate, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate” for “fire safety certificate”, (v) by the substitution of the following paragraph for paragraph (f):

“(f) the registration of certificates of compliance and regularisation certificates of compliance and of such information as may be prescribed in relation to applications for fire safety design certificates, fire safety design certificates, applications for revised fire safety design certificates, revised fire safety design certificates, applications for regularisation certificates, regularisation certificates, applications for regularisation fire safety design certificates, regularisation fire safety design certificates, applications for access and use design certificates, access and use design certificates, applications for revised access and use design certificates, revised access and use design certificates, notice given under paragraph (k), 7 day notices, applications for certificates of approval and certificates of approval and the making available of such information to such persons as may be prescribed;”, (vi) in paragraph (h)— (I) by the substitution of the following subparagraph for subparagraph (i)— “(i) the registration of certificates of compliance, certificates of compliance on completion, regularisation certificates of compliance on completion, notices given under paragraph (k) and regularisation notices,”, and (II) by the substitution of the following subparagraph for subparagraph (ii)— “(ii) the submission of applications for fire safety design certificates, 7 day notices, 7 day notice statutory declarations, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificate, access and use design certificates, revised access and use design certificates, or certificates of approval,”, and (vii) in paragraph (j), by the substitution of “fire safety design certificates, revised fire safety design certificates, regularisation certificates, regularisation fire safety design certificate, access and use design certificates, revised access and use design certificates, certificates of compliance on completion, regularisation certificates of compliance on completion, regularisation notices” for “fire safety certificates”, (b) in subsection (2A), by the substitution of “References in subsection (2)(a)(iv) to (xviii)” for “References in subsection (2)(a)(iv) to (xi)”, (c) by the substitution of the following subsection for subsection (5)— “(5) Where, within a period of 2 months beginning on the date of an application for a fire safety design certificate, 7 day notice, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate or a certificate of approval, or within such extended period as may at any time be agreed in writing between the applicant and the building control authority, the building control authority does not notify the applicant of the decision on the application, then a decision by the building control authority to grant the fire safety design certificate, 7 day notice, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate or the certificate of approval, as the case may be, shall be regarded as having been made on the last day of the period or such extended period, as the case may be.”,

and (d) in subsection (6), by the substitution of “fire safety design certificate, 7 day notice, revised fire safety design certificate, regularisation certificate, regularisation fire safety design certificate, access and use design certificate, revised access and use design certificate” for “fire safety certificate, 7 day notice, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate”.

Transitional provisions in relation to change of names of certificates 35. The Act of 1990 is amended by the insertion of the following section after section 7B: “7C. Where, before the coming into operation of Part 3 of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025, an application has been made for, or an appeal is pending in relation to— (a) a fire safety certificate, that application or appeal, as the case may be, shall be deemed to be an application for, or an appeal in relation to, a fire safety design certificate, (b) a revised fire safety certificate, that application or appeal, as the case may be, shall be deemed to be an application for, or an appeal in relation to, a revised fire safety design certificate, (c) a disability access certificate, that application or appeal, as the case may be, shall be deemed to be an application for, or an appeal in relation to, an access and use design certificate, or (d) a revised disability access certificate, that application or appeal, as the case may be, shall be deemed to be an application for, or an appeal in relation to, a revised access and use design certificate.”.

Amendment of section 7 of Act of 1990 36. Section 7 of the Act of 1990 is amended, in subsection (1)— (a) in paragraph (b), by the substitution of “fire safety design certificate” for “fire safety certificate”, (b) in paragraph (e), by the substitution of “an access and use design certificate, or” for “a disability access certificate,”, and (c) by the insertion of the following paragraph after paragraph (e): “(f) section 6(2)(a)(xv), for a regularisation fire safety design certificate,”.

Amendment of section 8 of Act of 1990 37. Section 8 of the Act of 1990 is amended— (a) in subsection (4), by the insertion of the following paragraph after paragraph (b): “(ba) require a person on whom the notice is served to cut into or lay open any such building or works insofar only as may be necessary to allow the building control authority to ascertain that the building regulations have been complied with in relation to the building or works the subject of the notice,”, and (b) by the insertion of the following subsections after subsection (4)— “(4A) A building control authority may include, in an enforcement notice, a requirement pursuant to subsection (4)(ba) only where it is satisfied that it is necessary following— (a) an inspection by an authorised person, in accordance with section 11, of the building or works in relation to which the enforcement notice is to be issued, and (b) the issue, by an authorised person, of a warning under section 11(3A) stating that the building control authority concerned intends to issue an enforcement notice which includes a requirement under paragraph (ba). (4B) Where an enforcement notice includes a requirement pursuant to subsection (4)(ba)— (a) an authorised person shall be present during the works carried out pursuant to that notice, and (b) the notice shall identify— (i) the building, or part thereof, or works to be cut into or laid open, (ii) the provision of the building regulations that are alleged to be contravened, and (iii) the timeframe within which the cutting into or laying open of works is to be carried out.”.

Insertion of sections 10A and 10B in Act of 1990 38. The Act of 1990 is amended by the insertion of the following sections after section 10: “Withdrawal of enforcement notice 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.

Enforcement notice regulations 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.

Amendment of section 11 of Act of 1990 39. Section 11 of the Act of 1990 is amended, in subsection (3), by the insertion of the following subsection after subsection (3): “(3A) (a) An authorised person may, where he or she deems it necessary, issue a warning, in writing, to the owner or occupier of the building, or any person responsible for the construction of the building, in relation to any requirement of building regulations or building control regulations. (b) A warning under paragraph (a) shall— (i) specify the provision of the regulations in relation to which the warning relates, and (ii) state that the person to whom the warning has been issued may, not later than 4 weeks from the date of the warning, make observations in writing to the authorised person regarding the matters to which the warning relates.”.

Amendment of section 12 of Act of 1990 40. Section 12 of the Act of 1990 is amended— (a) in subsection (1A)— (i) in paragraph (a)— (I) by the substitution of “fire safety design certificate, an access and use design certificate, a regularisation certificate or a regularisation fire safety design certificate” for “fire safety certificate, a disability access certificate or a regularisation certificate”, (II) in subparagraph (i), by the substitution of “fire safety design certificate, access and use design certificate, regularisation certificate or regularisation fire safety design certificate” for “fire safety certificate, disability access certificate or regularisation certificate”, and (III) in subparagraph (ii), by the substitution of “fire safety design certificate, access and use design certificate, regularisation certificate or regularisation fire safety design certificate” for “fire safety certificate, disability access certificate or regularisation certificate”, and (ii) in paragraph (b), by the substitution of “fire safety design certificate, access and use design certificate, regularisation certificate or regularisation fire safety design certificate” for “fire safety certificate, disability access certificate or regularisation certificate”, and (b) by the insertion of the following subsection after subsection (1A): “(1B) Where the building regulations apply in respect of the construction of any building or works and such building or works have been completed and opened, operated, or occupied without the required certificate of compliance on completion or regularisation certificate of compliance on completion having been registered by the building control authority for the functional area in which the building or works is situated may apply to the High Court or the Circuit Court for an order restricting or prohibiting the use of the building or works until either a certificate of compliance on completion or a regularisation certificate of compliance on completion have been submitted to the building control authority and registered in accordance with regulations made under section 6(2)(f).”.

PART 4

Amendment of other Acts Amendment of Taxes Consolidation Act 1997 41. The Taxes Consolidation Act 1997 is amended, in section 268(3A)(b)(ii), by the substitution of “fire safety design certificate” for “fire safety certificate”.

Amendment of section 3 of Multi-Unit Developments Act 2011 42.

Section 3

Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais