Local Government (Multi-Storey Buildings) Act, 1988

Local Government (Multi-Storey Buildings) Act, 1988 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 1988 Local Government (Multi-Storey Buildings) Act, 1988 Local Government (Multi-Storey Buildings) Act, 1988 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 Print Full ActPriontáil an tAcht Iomlán Number 29 of 1988 LOCAL GOVERNMENT (MULTI-STOREY BUILDINGS) ACT, 1988 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Duties of local authorities.

Section 3

Certificate or declaration in relation to multi-storey building.

Section 4

Multi-storey buildings not completed before commencement of this Act.

Section 5

Requirement to submit further certificate.

Section 6

Multi-storey building owned by local authority.

Section 7

Power of entry for inspection and to carry out works and actions.

Section 8

Service of notices.

Section 9

Compliance with notice under section 2.

Section 10

Power to require information as to the ownership of buildings

Section 11

Regulations.

Section 12

Offences.

Section 13

Prosecution of offences.

Section 14

Penalties.

Section 15

Short title and commencement.

FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE Acts Referred to Dangerous Substances Act, 1972 1972, No. 10 Science and Technology Act, 1987 1987, No. 30 Number 29 of 1988 LOCAL GOVERNMENT (MULTI-STOREY BUILDINGS) ACT, 1988 AN ACT TO MAKE PROVISION FOR THE STRUCTURAL APPRAISAL OF MULTI-STOREY BUILDINGS, FOR THE SUBMISSION BY OWNERS OF MULTI-STOREY BUILDINGS OF CERTIFICATES RELATING TO SUCH BUILDINGS, AND FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [19th July, 1988] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act— “building” includes its curtilage; “the Companies Acts” means the Companies Act, 1963, and any enactment which is to be construed together with it; “competent person” means— (a) in relation to the structure of a building, a chartered engineer who has experience in the structural design or appraisal of multi-storey buildings by reference to appropriate codes of practice and standards including the codes of practice and standards specified in the First Schedule to this Act or by reference to equivalent codes of practice and standards recognised in another Member State of the European Communities, and (b) in relation to the installation of gas in a multi-storey building, a chartered engineer who has experience in the design or appraisal of gas installations for buildings by reference to appropriate codes of practice and standards including, where applicable, the codes of practice and standards specified in the Second Schedule to this Act or by reference to equivalent codes of practice and standards recognised in another Member State of the European Communities, and (c) in relation to the distribution of gas in the vicinity of, or the provision of gas services into, a multi-storey building, a chartered engineer who has experience in the design or appraisal of gas distribution systems and gas services by reference to appropriate codes of practice and standards including, where applicable, the codes of practice and standards specified in the Second Schedule to this Act or by reference to equivalent codes of practice and standards recognised in another Member State of the European Communities; “gas” means piped gas or gas in containers exceeding 500 millilitres in capacity; “local authority” means— (a) in the case of a county exclusive of any borough or urban district therein, the council of the county, (b) in the case of a county or other borough, the corporation of the borough, and (c) in the case of an urban district, the council of the district, and a reference to the functional area of a local authority shall be construed accordingly; “multi-storey building” means a building comprising or including five or more storeys, a basement being regarded as a storey, not being a building the construction of which was completed on or before the 1st day of January, 1950; “owner”, in relation to a multi-storey building, includes a lessee of the building or any part thereof under a lease whereby he is wholly responsible for repairs and maintenance and a person who, alone or with others, manages the building or, if there is no such person, a person who, alone or with others, manages any part of the building;

“prescribed” means prescribed by regulations; “robustness”, in relation to a multi-storey building, means the characteristic of a building which ensures that any accidental disturbance of the building does not cause a collapse of the structure which is disproportionate to the magnitude of the disturbance; “specified building” means a multi-storey building which is constructed wholly or in part using precast concrete floors whose structural performance is not dependant on interaction with in situ concrete which is mechanically attached to the precast constituent by bonding to protruding reinforcement or shear connectors and supported on precast concrete frames or precast concrete panels or masonry walls.

Duties of local authorities.

2.—(1) As soon as may be after the commencement of this Act each local authority shall prepare and maintain a register of all multistorey buildings in its functional area.

Certificate or declaration in relation to multistorey building.

3.—(1) A person on whom a notice is served under section 2

Multi-storey buildings not completed before commencement of this Act.

4.—(1) In the case of a multi-storey building the construction of which is not completed before the commencement of this Act, it shall, subject to subsection (3) of this section, be the duty of every person to whom this section applies to submit to the local authority in whose functional area the building is situate a certificate in respect of the building in accordance with section 3 of this Act before the building or any part of the building is occupied.

Requirement to submit further certificate.

5.—Where a certificate submitted to a local authority under section 3

Multi-storey building owned by local authority.

6.—(1) Every local authority which is the owner of a multi-storey building situate in its functional area shall cause to have prepared and signed by a competent person a certificate certifying whether the building is, or is not, a specified building.

Power of entry for inspection and to carry out works and actions.

7.—(1) For the purposes of providing a certificate under section 3 , 4 , 5 or 6 of this Act an owner of the building or any part thereof and his agent shall be entitled, after the giving of 14 days' notice to any other owner or occupier of the building or of any part of the building, to enter the building or that part of the building to which the notice applies, at all reasonable times, for the purposes of— (a) inspecting the building or that part of the building to establish the details of the structure of the building and carrying out any work necessary for that purpose; (b) carrying out works to enhance the robustness of the building; or (c) carrying out all reasonable actions to minimise as far as is practicable the risk of accidental damage to the building.

Service of notices.

8.—(1) Where a notice is required under this Act to be served on, or given to, a person, it shall be addressed to that person and may be served on, or given to, him in any one of the following ways— (a) where the notice is addressed to that person by name, by giving it to him; (b) by leaving the notice at the address at which that person ordinarily resides or, where an address for the service of documents has been given, at that address; (c) by sending the notice by post in a prepaid registered letter addressed to that person at the address at which he ordinarily resides or, where an address for the service of documents has been given, at that address; (d) where the address at which that person ordinarily resides cannot be ascertained by reasonable enquiry, by— (i) delivering the notice to some person over the age of sixteen years residing, or employed, in the building to which the notice relates, or (ii) affixing the notice in a conspicuous position on or near the building to which it relates.

Compliance with notice under section 2 .

9.—(1) Where notice under section 2 of this Act is served by a local authority on more than one person in respect of a particular building it shall be sufficient compliance with that section for any of those persons, being an owner, to submit a certificate in respect of the entire building.

Power to require information as to the ownership of buildings.

10.—A local authority may, for the purpose of enabling them to ascertain the ownership of a building, give any person who is an occupier of the building concerned or part of that building or who, either directly or indirectly, receives rent in respect of the building or part of the building, a notice in writing requiring him to state within such period, being not less than 21 days, as may be specified in the notice in writing— (a) the nature of his own estate or interest in that building, and (b) the name and address of any other person known to him as having an estate or interest in the building or part of the building or as a person who, alone or with others, manages or exercises control over the building or any part thereof.

Regulations.

11.—(1) The Minister may make regulations for the purposes of this Act.

Offences.

12.—Any person— (a) who, without lawful excuse, fails to submit to a local authority within the time prescribed a certificate required to be furnished pursuant to section 3 or 4 of this Act, or (b) who knowingly gives a certificate which is false or misleading in any respect, or knowingly submits such a certificate, or (c) who knowingly makes a statutory declaration for the purpose of section 3

Prosecution of offences.

13.—An offence under this Act may be prosecuted summarily by a local authority.

Penalties.

14.—(1) A person who is guilty of an offence under section 12 (b), (c) or (d) of this Act shall be liable— (a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding 12 months or, at the discretion of the court, to both such fine and such imprisonment, or (b) on conviction on indictment, to a fine not exceeding £10,000, or to imprisonment for any term not exceeding three years, or, at the discretion of the court, to both such fine and such imprisonment.

Short title and commencement.

15.—(1) This Act may be cited as the Local Government (Multi-Storey Buildings) Act, 1988.

FIRST SCHEDULE Codes of Practice and Standards Relating to Structural Design of Buildings

Section 3

TABLE Abbreviation or symbol Reference

(1)

Irish Standard Specification SECOND SCHEDULE Codes of Practice and Standards Relating to the Installation of Gas in Buildings

Section 1

TABLE Abbreviation or symbol Reference

(1)

Irish Code of Practice I.S.

Irish Standard Specification S.R.

Standard Recommendation THIRD SCHEDULE Actions to Ensure that there is no Undue Risk of Accidental Damage to a Multi-Storey Building

Section 3

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