Building Control Act 2007

Building Control Act 2007 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 2007 Building Control Act 2007 Building Control Act 2007 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 Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 21 of 2007 BUILDING CONTROL ACT 2007 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, collective citation, construction and commencement. 2. Interpretation. PART 2 Amendment of Building Control Act 1990 3. Amendment of section 1 (interpretation) of Act of 1990. 4. Amendment of section 3 (building regulations) of Act of 1990. 5. Amendment of section 6 (building control regulations) of Act of 1990. 6. Amendment of section 7 (appeals) of Act of 1990. 7. Amendment of Act of 1990 — new sections 7A and 7B. 8. Amendment of section 8 (enforcement notice) of Act of 1990. 9. Amendment of section 9 (application to District Court in relation to enforcement notice) of Act of 1990. 10. Amendment of section 12 (order of High Court in relation to buildings and works) of Act of 1990. 11. Amendment of section 17 (penalties) of Act of 1990. 12. Amendment of Act of 1990 — new sections 17A and 17B. PART 3 Registration of Architects 13. Registration body and Admissions Board (Part 3). 14. Registration of architects. 15. Registration of nationals from certain other states — main categories of such nationals. 16. Further category of nationals from certain other states who are eligible for registration. 17. Fees (Part 3). 18. Prohibition against using term “architect” unless registered. 19. Registrar (Part 3). 20. Removal from register (Part 3). 21. Technical Assessment Board (Part 3). 22. Technical Assessment Board procedure (Part 3). 23. Professional Conduct Committee (Part 3). 24. Appeals Board (Part 3). 25. Appeals procedure (Part 3). 26. Appeal to High Court from decision of Appeals Board (Part 3). 27. Certain other jurisdiction of Appeals Board (Part 3). PART 4 Registration of Quantity Surveyors 28. Registration body and Admissions Board (Part 4). 29. Registration of quantity surveyors. 30. Nationals from other states eligible for registration (Part 4). 31. Fees (Part 4). 32. Prohibition against using term “quantity surveyor” unless registered. 33. Registrar (Part 4). 34. Removal from register (Part 4). 35. Technical Assessment Board (Part 4). 36. Technical Assessment Board procedure (Part 4). 37. Professional Conduct Committee (Part 4). 38. Appeals Board (Part 4). 39. Appeals procedure (Part 4). 40. Appeal to High Court from decision of Appeals Board (Part 4). 41. Certain other jurisdiction of Appeals Board (Part 4). PART 5 Registration of Building Surveyors 42. Registration body and Admissions Board (Part 5). 43. Registration of building surveyors. 44. Nationals from other states eligible for registration (Part 5). 45. Fees (Part 5). 46. Prohibition against using term “building surveyor” unless registered. 47. Registrar (Part 5). 48. Removal from register (Part 5). 49. Technical Assessment Board (Part 5). 50. Technical Assessment Board procedure (Part 5). 51. Professional Conduct Committee (Part 5). 52. Appeals Board (Part 5). 53. Appeals procedure (Part 5). 54. Appeal to High Court from decision of Appeals Board (Part 5). 55. Certain other jurisdiction of Appeals Board (Part 5). PART 6 Fitness to Practise 56. Establishment of Professional Conduct Standards. 57. Complaints to Professional Conduct Committee. 58. Decision of the Professional Conduct Committee. 59. Proceedings privileged. PART 7 Miscellaneous Provisions 60. Temporary registration under Title II of Directive. 61. Registration body may seek assistance and make rules. 62. Registration body may specify fees. 63. Additional qualifications. 64. Regulations. 65. Correction of register. 66. Expenses of registration bodies, boards and committees, etc. 67. Prosecution of offences under this Act. 68. Evidential value of an extract from register. 69. Nomination to boards or committees and elections. 70. Tenure of members of boards, etc., appointed by registration body. 71. Proceedings at meetings of boards or committees. 72. Functions in relation to regulations or directives of the Council of the EU or the European Parliament. 73. Annual report by registration body. Acts Referred to Building Control Act 1990 1990, No. 3 European Communities Act 1972 1972, No. 27 Petty Sessions (Ireland) Act 1851 1851, Vic., c. 93 Number 21 of 2007 BUILDING CONTROL ACT 2007 AN ACT TO AMEND AND EXTEND THE BUILDING CONTROL ACT 1990; TO REGULATE THE USE OF THE TITLES “ARCHITECT”, “QUANTITY SURVEYOR” AND “BUILDING SURVEYOR”; TO IMPLEMENT CERTAIN PROVISIONS OF DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 7 SEPTEMBER 2005 ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS AND TO PROVIDE FOR RELATED MATTERS. [21st April, 2007] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title, collective citation, construction and commencement. 1.— (1) This Act may be cited as the Building Control Act 2007 . (2) The Building Control Act 1990 and this Act may be cited together as the Building Control Acts 1990 and 2007 and shall be construed together as one. (3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation. 2.— (1) In this Act— “ Act of 1990 ” means the Building Control Act 1990 ; “ adaptation period ” means an adaptation period of such duration as the Admissions Board determines in accordance with the Directive; “ Admissions Board ” means an Admissions Board established under section 13 , 28 or 42 , as the context requires; “ Agreement establishing the World Trade Organisation” means the Agreement establishing the World Trade Organisation done at Marrakesh on 15 April 1994 as amended or supplemented by any protocol to that Agreement which is for the time being in force in the State; “ Appeals Board ” means an Appeals Board established under section 24 , 38 or 52 , as the context requires; “aptitude test” means an aptitude test of such character as the Admissions Board determines in accordance with the Directive; “ Directive ” means Directive 2005/36/EC 1 of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania; “ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being; “ EEA measure ” means a measure or decision taken by the Joint Committee under the EEA Agreement; “ member of the World Trade Organisation ” means a party to the Agreement establishing the World Trade Organisation; “ Member State ” means a Member State of the European Union and includes the following: (a) on the State being required to implement an EEA measure having an effect corresponding to that of the Directive or any other Directive adopted by an institution of the European Union for the recognition of professional education and training, a Member State of the EEA; (b) the Swiss Confederation; “ Member State of the EEA ” means a state (other than a Member State of the European Union) that is a contracting party to the EEA Agreement; “ Minister ” means the Minister for the Environment, Heritage and Local Government; “ poor professional performance ”, in relation to a registered professional, means any failure of the registered professional to meet the standards of competence that may reasonably be expected of registered professionals practising the profession concerned; “ practical experience assessment procedures ” means the procedures under, as the context requires— (a) sections 21 (4) and (5) and 22 , (b) section 36 , or (c) section 50 ; “ prescribed ” means prescribed by regulations made by the Minister under this Act; “ Professional Conduct Committee ” means a Professional Conduct Committee established under section 23 , 37 or 51 , as the context requires; “ professional misconduct ”, in relation to a registered professional, means any act, omission or pattern of conduct of the registered professional that— (a) is in breach of the code prepared by the relevant registration body, or (b) if the registered professional has been granted by a body established in a state, other than the State, a licence, certificate or registration relating to the practice of the profession concerned, is a breach of the standard of conduct or performance that applies to a person holding that licence, certificate or registration and that corresponds to a standard in the code referred to in paragraph (a); “ registered professional” means a person who is registered in the register under Part 3 , 4 or 5 , as the context requires; “Registrar” means a person appointed under section 19 , 33 or 47 , as the context requires; “ registration body ” means, with respect to— (a) Part 3 , the Royal Institute of Architects of Ireland, (b) Parts 4 and 5, the Society of Chartered Surveyors, (c) Parts 6 and 7, each of the bodies referred to in paragraphs (a) and (b), with respect to such body performing its functions for the purpose of the relevant Parts; “ relevant measure ” means— (a) any EEA measure having an effect corresponding to that of the Directive or any other Directive adopted by an institution of the European Union for the recognition of professional education and training, and (b) a measure that is in force by virtue of the Swiss Confederation Agreement; “specified”, in relation to a fee or an amount of a fee, means specified under section 62 ; “Swiss Confederation Agreement” means the agreement between the European Union and the Swiss Confederation on the free movement of persons, signed at Luxembourg on 21 June 1999; “Technical Assessment Board” means a Technical Assessment Board established under section 21 , 35 or 49 , as the context requires; “World Trade Organisation” means the organisation established under the Agreement establishing the World Trade Organisation. (2) For the avoidance of doubt, the definition of “registered professional” in subsection (1) does not have the effect of requiring any class of person falling within that definition to be the subject of any designation or other specification in regulations under the Act of 1990 of a person or a class of person for any purpose of those regulations. (3) A word or expression used in Part 3 , 4 , 5 or 7 and which is also used in the Directive has the same meaning in that Part as it has in the Directive. PART 2 Amendment of Building Control Act 1990 Amendment of section 1 (interpretation) of Act of 1990. 3.— Section 1(3) of the Act of 1990 is amended by substituting “, paragraph or subparagraph” for “or paragraph” in both places where it occurs. Amendment of section 3 (building regulations) of Act of 1990. 4.— Section 3 of the Act of 1990 is amended in subsection (2)— (a) in paragraph (e), by substituting “practice;” for “practice; and”, and (b) by inserting the following paragraph after paragraph (e): “(ea) making provision for building practices that would assist in preventing or detecting crime; and”. Amendment of section 6 (building control regulations) of Act of 1990. 5.— Section 6 of the Act of 1990 is amended— (a) in subsection (2)(a)(ii), by deleting “and”, after “provisions of building regulations as may be prescribed,”, (b) in subsection (2)(a)(iii), by substituting “the requirements of building regulations,” for “the requirements of building regulations;”, (c) in subsection (2)(a), by inserting the following after subparagraph (iii): “(iv) the submission (before grant of the relevant fire safety certificate) of a notice in writing to a building control authority (in this Act referred to as a ‘7 day notice’) by a person who intends to commence work on the construction of a building or an extension of or a material alteration to a building, giving not less than 7 days notice of that person’s intention to carry out those works, and requiring that such notice shall be accompanied by a valid application for a fire safety certificate, (v) the submission to a building control authority by a person who submits a 7 day notice of a statutory declaration (in this Act referred to as a ‘7 day notice statutory declaration’) made by that person stating that the application for the relevant fire safety certificate has been completed in all respects and complies with the relevant provisions of the building control regulations, that any works that have been commenced before the grant of such certificate will comply with the building regulations and that the person will, within such period as may be specified by the building control authority, carry out any modification of such works that is required by or under the fire safety certificate, including any condition attached to it, when it is granted by the building control authority concerned, (vi) where an application for a fire safety certificate in respect of the construction of a building or an extension of or a material alteration to a building has been submitted before planning permission has been granted in respect of such construction, extension or alteration, the submission, if required by the subsequent grant of such planning permission, of a further application to a building control authority for a fire safety certificate (in this Act referred to as a ‘revised fire safety certificate’) for the purpose of ensuring that the revised design arising from the grant of planning permission (including any condition attached to it) complies with the provisions of building regulations relating to fire safety, (vii) 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 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 (a ‘regularisation certificate’) which shall be accompanied by drawings of the relevant works (as they have been constructed) and a statutory declaration from the applicant stating that such works comply with the provisions of the building regulations relating to fire safety, and enabling the authority to specify in a regularisation certificate that the regularisation certificate shall not have effect unless, within 4 months after its being granted, any conditions attached to it by the authority (including conditions as to the carrying out of additional works) are complied with, (viii) a building control authority to inspect (before it decides whether to grant such a certificate) a building in respect of which an application has been submitted for a regularisation certificate and enabling the authority to grant, if it considers it appropriate, in its discretion, to do so, a regularisation certificate specifying that in its opinion the works, as constructed in accordance with plans, documents and information submitted with the application for the certificate, comply with the provisions of building regulations relating to fire safety, subject to compliance (within the period of 4 months there mentioned) with any conditions attached to the certificate of the kind mentioned in subparagraph (vii), (ix) the submission to a building control authority of an application for a certificate of compliance with respect to requirements under the building regulations for provision of access to a building for persons with disabilities (a ‘disability access certificate’) and enabling the building control authority to grant such certificate if in its opinion the design of the building or the extension of or material alteration to the building in respect of which the submission is made would comply (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) with the relevant requirements of the building regulations, (x) the submission to a building control authority of an application for a fire safety certificate (in this Act also referred to as a ‘revised fire safety certificate’) or a disability access certificate (in this Act referred to as a ‘revised disability access certificate’) if significant revision is made to the design or works of a building or an extension of or a material alteration to a building in respect of which a fire safety certificate or a disability access certificate has been granted by a building control authority, and (xi) 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 fire safety certificate or disability access certificate (or, as the case may require, a revised certificate of either kind) or a regularisation 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 by An Bord Pleanála of an appeal under section 7 relating to a refusal to grant any of the certificates or revised certificates referred to in clause (I) or the attachment of conditions to any of them;”, (d) in subsection (2)(b), by substituting the following for subparagraph (i): “(i) the form and content of— (I) certificates of compliance, (II) applications for fire safety certificates, revised fire safety certificates, regularisation certificates, disability access certificates and revised disability access certificates, (III) each of the certificates referred to in clause (II), (IV) 7 day notices and 7 day notice statutory declarations, (V) applications for certificates of approval and certificates of approval,”, (e) in subsection (2)(b)(ii), by inserting “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” after “fire safety certificates,”, (f) in subsection (2)(h)(ii), by inserting “, 7 day notices, 7 day notice statutory declarations, revised fire safety certificates, regularisation certificates, disability access certificates, revised disability access certificates” after “fire safety certificates”, (g) in subsection (2), by inserting the following paragraph after paragraph (h): “(ha) the exemption, in specified circumstances, from fees referred to in paragraph (h);”, (h) in subsection (2)(k), by substituting “regulations;” for “regulations.”, (i) by inserting after subsection (2) the following: “(2A) References in subsection (2)(a)(iv) to (xi) to a material alteration of a building include references to a material change of use of a building and, for the purposes of those provisions as they apply in relation to such a material change of use, references in those provisions to— (a) work, (b) relevant works, or (c) the design of works, shall, in so far as they are applicable to such a material change of use, be construed as references to— (i) the doing of the acts that constitute the material change of use or, as appropriate, those acts when they are done, or (ii) in the case of references to the design of works, the various aspects of the material change of use or, as appropriate, any particular aspect of that change of use, and references to construction of works and cognate references shall be construed accordingly.”, (j) in subsection (5), by inserting “, 7 day notice, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate” after “fire safety certificate” in both places where it occurs in that subsection, and (k) in subsection (6), by inserting “, 7 day notice, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate” after “fire safety certificate”. Amendment of section 7 (appeals) of Act of 1990. 6.— Section 7 of the Act of 1990 is amended— (a) in subsection (1)— (i) in paragraph (c), by substituting “approval, or” for “approval,”, and (ii) by inserting the following paragraphs after paragraph (c): “(d) section 6(2)(a)(vii), for a regularisation certificate, or (e) section 6(2)(a)(ix), for a disability access certificate,”, and (b) in subsection (3), by deleting paragraph (c). Amendment of Act of 1990 — new sections 7A and 7B. 7.— The Act of 1990 is amended by inserting the following after section 7: “Fees in respect of an appeal. 7A.— (1) Subject to the approval of the Minister, An Bord Pleanála (hereafter in this section referred to as ‘the Board’) may determine that fees shall be payable in relation to appeals under section 7 and, subject to subsection (2), such a fee so determined shall be paid to the Board by the person making the appeal under section 7 at such time as the Board specifies. (2) The power of the Board in relation to fees referred to in subsection (1) includes a power of the Board— (a) to determine that different such fees shall be payable in respect of different classes of appeal under section 7, (b) to exempt a person from the requirement to pay any such fee in such circumstances as it determines, and (c) to remit or refund in whole or in part any such fee that has been paid in such circumstances as it determines, and the exercise of the power under paragraph (b) or (c) (as distinct from the determination of the circumstances in which the power shall be exercisable) shall not require the approval of the Minister. (3) The Board shall review the fees determined under subsection (1) from time to time, but at least every three years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review, without the necessity of the Minister’s approval under subsection (1). (4) For the purposes of this section, ‘ change in the consumer price index’ means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the determination under this section and the said number last published before the date of the review under subsection (3), expressed as a percentage of the last-mentioned number. (5) Where the Board determines or amends fees in accordance with this section, it shall give notice of the fees in at least one newspaper circulating in the State, not less than 8 weeks before the fees come into effect. Provision with respect to amendment of this Act by S.I. No. 872 of 2005 . 7B.— The Minister shall be deemed always to have had the power to make the regulations under section 3 of the European Communities Act 1972 entitled the ‘European Communities (Energy Performance of Buildings) Regulations 2005’ ( S.I. No. 872 of 2005 ) and, accordingly— (a) the amendment of section 3(2) purported to have been made by those Regulations shall be deemed to have been validly made and to have been in operation as and from the date those Regulations were purported to have been made, and (b) the Building Regulation (Amendment) Regulations 2005 ( S.I. No. 873 of 2005 ) made in the purported exercise of the powers conferred by sections 3 and 18 shall be deemed to have been validly made and to have been in operation as and from the time that those Regulations provided that those Regulations were to come into operation.”. Amendment of section 8 (enforcement notice) of Act of 1990. 8.— Section 8(4) of the Act of 1990 is amended— (a) in paragraph (b), by substituting “that may be required by the notice;” for “that may be required by the notice.”, and (b) by adding the following after paragraph (b): “(c) require a person on whom the notice is served to pay to the building control authority the costs and expenses reasonably incurred by the authority in relation to the investigation and detection of the matters, the subject of the notice, the service of the notice and the preparation and giving of any warnings before the service of the notice, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and, as regards the costs and expenses referred to in paragraph (c), in default of their payment, the authority may, subject to section 9 and without prejudice to subsection (8), recover the costs and expenses as a simple contract debt in any court of competent jurisdiction.”. Amendment of section 9 (application to District Court in relation to enforcement notice) of Act of 1990. 9.— Section 9 of the Act of 1990 is amended by inserting the following after subsection (3): “(3A) If the court makes a determination to which subsection (3)(a) or (b) applies, it shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the applicant to pay to the building control authority concerned the costs and expenses, as measured by the court, incurred by the authority— (a) in appearing and adducing evidence at the hearing, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and (b) in so far as they have not been recouped pursuant to the provision (if any) of the enforcement notice referred to in section 8(4)(c), in relation to the investigation and detection of the matters to which the application relates, including costs incurred in respect of remuneration and expenses as aforesaid.”. Amendment of section 12 (order of High Court in relation to buildings and works) of Act of 1990. 10.— Section 12 of the Act of 1990 is amended— (a) in subsection (1) by substituting “the building control authority concerned may apply to the High Court or the Circuit Court for an order” for “the building control authority concerned may apply to the High Court for an order”, (b) by inserting the following after subsection (1): “(1A) Where the construction of any building or works to which building regulations apply is or has been commenced or completed and in respect of which— (a) a fire safety certificate, a disability access certificate or a regularisation certificate is required to be granted and such construction— (i) is or has been commenced without the fire safety certificate, disability access certificate or regularisation certificate having been granted, or (ii) is or has been completed without the fire safety certificate, disability access certificate or regularisation certificate having been granted, or (b) an enforcement notice has not been complied with, the building control authority concerned may apply to the High Court or the Circuit Court for an order requiring the removal, alteration or making safe of any structure, service, fitting or equipment, or the discontinuance of any works or restricting or prohibiting the use of the building until the fire safety certificate, disability access certificate or regularisation certificate has been granted and complied with or the enforcement notice has been complied with.”, (c) in subsection (2) by substituting “and where such an application is made, the High Court or the Circuit Court, as the case may be, may” for “and when such an application is made, the High Court may”, (d) by inserting the following after subsection (2): “(2A) If the High Court or the Circuit Court makes an order under this section providing for any of the matters referred to in subsection (1) or (1A), it shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person against whom the order is made to pay to the building authority concerned the costs and expenses, as measured by the court, incurred by the authority— (a) in relation to the application under this section, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and (b) in so far as they have not been recouped by any other means provided under this Act, in relation to the investigation and detection of the matters to which the application relates and the preparation and giving of any warnings before the making of the application, including costs incurred in respect of remuneration and expenses as aforesaid.”, (e) in subsection (3) by substituting “Any order made by the High Court or the Circuit Court under this section” for “Any order made by the High Court under this section”, and (f) by inserting the following after subsection (3): “(4) (a) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land which is the subject of the application is situated. (b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the market value of the land which is the subject of the application does not exceed €3,000,000. (c) The Circuit Court may, for the purposes of paragraph (b), in relation to land that has not been given a market value or is the subject with other land of a market value, determine that its market value would exceed, or would not exceed, €3,000,000. (d) Where the market value of any land which is the subject of an application under this section exceeds €3,000,000, the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order. (e) In this subsection ‘ market value ’ means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.”. Amendment of section 17 (penalties) of Act of 1990. 11.— Section 17 of the Act of 1990 is amended— (a) in subsections (1) and (2)(a)— (i) by substituting “€5,000” for “£800”, and (ii) by substituting “€500” for “£150”, (b) in subsection (2)(b) by substituting “€50,000” for “£10,000”, and (c) in subsection (5) by substituting “under this Act” for “to which subsection (1) applies”. Amendment of Act of 1990 — new sections 17A and 17B. 12.— The Act of 1990 is amended by inserting the following after section 17: “Payment of fines to building control authority. 17A.— Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act in proceedings brought by a building control authority, it shall, on application of the building control authority (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the building control authority and such payment may be enforced by the authority as if it were due to it on foot of a decree or order made by the court in civil proceedings. Costs of prosecution, etc. 17B.— On convicting a person of an offence under this Act in proceedings brought by a building control authority, the court shall, unless it is satisfied that there are special and substantial grounds for not doing so, order the person to pay to the authority the costs and expenses, as measured by the court, incurred by the authority in relation to the investigation, detection and prosecution of the offence, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers. Evidential value of electronically stored information. 17C.— In any proceedings under this Act, a certificate issued by a building control authority purporting to be a printout of data stored by the authority in electronic format or data stored in photographic, digitised or other modern format, being, in either case, data relating to the performance by the authority of any function under this Act or to any plans, documents or information submitted to it under this Act or regulations thereunder, shall have evidential value.”. PART 3 Registration of Architects Registration body and Admissions Board (Part 3). 13.— (1) The Royal Institute of Architects of Ireland shall be the registration body for the purposes of this Part. (2) For the purposes of the Directive, the registration body is the competent authority in the State as respects architects. (3) The registration body shall establish an Admissions Board for the purpose of registering persons under this Part. (4) The Admissions Board shall consist of a chairperson and 7 ordinary members, the latter appointed by the registration body as follows: (a) 3 architects nominated for such appointment by the registration body; (b) 4 persons nominated for such appointment by the Minister, being persons who are not architects. (5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court or Supreme Court who shall be appointed as chairperson by the Minister. Registration of architects. 14.— (1) The registration body shall establish a register for architects (the “register”). (2) Each of the following is eligible for registration in the register: (a) a graduate of— (i) the National University of Ireland, (ii) the Dublin Institute of Technology, or (iii) such other educational body as may be prescribed, who has received from it in any year prior to 2005 the degree of Bachelor of Architecture or the Diploma in Architecture of degree standard or in 2005 or any subsequent year the degree of Bachelor of Architecture (Honours), or such other degree, diploma or other qualification as may be prescribed and who, in each case— (I) has passed a professional practice examination specified by the body referred to in subparagraph (i), (ii) or (iii), as the case may be, or (II) can demonstrate that he or she has 7 years of post-graduate experience of performing duties commensurate with those of an architect such as would entitle the person to seek the grant of an exemption by the body referred to in subparagraph (i), (ii) or (iii), as appropriate, from having to undergo the examination referred to in clause (I); (b) a person who is a fellow or member of the registration body; (c) a person eligible for such registration by virtue of section 15 or 16 (which relate to holders of qualifications from other states); (d) a person in respect of whom a notice in writing, dated 7 January 1997, 13 March 1997 or 11 June 1997, was sent by the Minister (whether to the person or to an organisation representing the person in the matter) stating that the person was successful in his or her application to be included in the relevant list; (e) a person who has been employed in the State for at least 7 years under the supervision of an architect (who is eligible for registration under this section) and who, as part of a social betterment scheme or part-time third level course, attains a certificate or diploma of degree standard equivalent to any degree, diploma or qualification referred to in paragraph (a) and who has passed a professional practice examination specified by a body referred to in subparagraph (i), (ii) or (iii) of that paragraph; (f) a person who— (i) has at least 7 years’ practical experience of performing duties commensurate with those of an architect in the State, (ii) is at least 35 years of age, and (iii) has passed a prescribed register admission examination; (g) a person (not being a person who is eligible for registration pursuant to section 15 or 16 ) who— (i) has been awarded in a state other than— (I) a Member State, or (II) on an agreement referred to in s ection 15 (1)(f) being entered into and taking effect in relation to a state which is a member of the World Trade Organisation, that state, a degree, diploma or other qualification in architecture, and (ii) can demonstrate that he or she has sufficient post-graduate experience of performing duties commensurate with those of an architect; (h) a person who has been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedures; (i) an Irish citizen who as attested by a certificate of the registration body is authorised by the registration body to use the title of “architect” by virtue of the distinguished quality of his or her work in the field of architecture (which authorisation the registration body is empowered, by virtue of this paragraph, to grant). (3) The registration body may accept as sufficient compliance by a person with subsection (2)(a)(II) a statutory declaration by the person that he or she possesses the experience referred to in that provision. (4) Membership of the registration body is not a prerequisite for registration in the register or continuance of registration but all registered professionals are eligible for membership of the registration body and the same fee shall be charged for registration in the register whether or not the particular person is a member of the registration body. (5) No prescribing in respect of an educational body or in respect of any degree, diploma or other qualification that is awarded or conferred by it shall be done for the purposes of subsection (2)(a) unless the Minister is satisfied that the course provided by the body leading to the award or conferral of the degree, diploma or other qualification provides the requisite instruction in the various elements of the discipline of architecture in accordance with Article 46 of the Directive. (6) For the purposes of the Minister satisfying himself or herself of the foregoing matter, the Minister shall consult with the National Qualifications Authority of Ireland or the Higher Education and Training Awards Council as appropriate. (7) In subsection (2)(d) “relevant list” means the list of persons whom the Minister had proposed to certify under the terms of the amendment that the State had proposed should be made, in accordance with the procedures under the Treaty establishing the European Community, to Council Directive 85/384/EEC 2 of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services. Registration of nationals from certain other states — main categories of such nationals. 15.— (1) In addition to the persons so eligible otherwise under this Part, each of the following is eligible for registration in the register: (a) a national of a Member State who holds evidence of a formal qualification as an architect listed in Annex V, point 5.7.1 of the Directive that satisfies the minimum training conditions referred to in Article 46 of the Directive and which is accompanied, if appropriate, by a certificate listed in Annex V, point 5.7.1 of the Directive; (b) a national of a Member State who holds evidence of a formal qualification as an architect listed in Annex VI, point 6 of the Directive (whether or not it satisfies the minimum training requirements referred to in Article 46 of the Directive) and which is accompanied by a certificate of the competent authority of the Member State which issued the qualification stating that the person was authorised to use the professional title of architect, the date on which the person was so authorised (which date shall not be later than the respective date within the meaning of Article 49(2) of the Directive), and that he or she has been performing duties commensurate with those of an architect for at least 3 consecutive years during the 5 years preceding the date of the award of the certificate; (c) a national of a Member State who has been awarded in a Member State a qualification that the State, pursuant to a relevant measure, is obliged to recognise as corresponding to a qualification referred to in section 14 (2); (d) a national of a Member State who, as attested by a certificate of the competent authority of his or her home Member State, is authorised to use the title of architect by virtue of a law in that Member State that gives that competent authority the power to award that title to a national of a Member State who is especially distinguished by the quality of his or her work in the field of architecture; (e) a person who holds evidence of formal qualifications issued by a state, other than a Member State, and which is accompanied by a certificate issued by the competent authority of a Member State that recognised the qualifications that the person performed duties commensurate with those of an architect for 3 years in the territory of that Member State; (f) a national or resident of a state who, by virtue of the following agreement, is entitled to have his or her qualifications in the field of architecture recognised in the State, namely, an agreement that— (i) is entered into between the European Union and the World Trade Organisation, and (ii) provides for the recognition by the states to which the agreement relates of qualifications of a class specified in the agreement; (g) a national of a Member State who is not eligible for registration in the register under any of the preceding paragraphs but who is eligible for such registration under one of the derogations to Article 46 of the Directive provided for in Article 47 of the Directive as follows, namely— (i) by the person’s obtaining training existing as of 5 August 1985 provided by ‘Fachochschulen’ in the Federal Republic of Germany over a period of 3 years, followed by, as attested by a certificate of the professional association in whose roll the person appears, a 4 year period during which he or she performed duties commensurate with those of an architect, or (ii) by the person’s having— (I) been employed for not less than 7 years under the supervision of an architect who is eligible for registration under this Part, or who is registered in the register, (II) as part of a social betterment scheme or part-time third level course, attained a certificate or diploma of university standard, and (III) passed a professional practice examination in a Member State. (2) The entry of a person’s name in the register pursuant to subsection (1) (other than paragraph (f) thereof) may be subject to the Admissions Board being satisfied that the person applying for registration pursuant to that subsection has a knowledge of language necessary for practising architecture in the State. (3) In relation to an application for registration pursuant to subsection (1) (other than paragraph (f) thereof), the Admissions Board may seek verification of documents furnished to it in accordance with Article 50 of the Directive. (4) A person who is registered pursuant to subsection (1) (other than paragraph (f) thereof) or section 16 shall use the professional title — “ architect ”. (5) The Admissions Board shall make a decision on whether or not to register an applicant pursuant to subsection (1) (other than paragraph (f) thereof) as quickly as possible and, in any event, within 3 months after the date of submission of the completed documentation by the applicant to the Board. (6) So much of the provisions of this section or section 16 as have effect in cases where— (a) the person concerned is a national of a Member State, (b) any act or thing is done or awarded or issued in, or by a competent authority of, a Member State, or (c) a matter is provided under the law of a Member State, shall, to the extent that the terms of those provisions would prevent the equal treatment or recognition mentioned in subsection (7) being accorded to the person mentioned in that subsection, be read subject to such modifications as will allow that equal treatment or recognition to be accorded to that person. (7) (a) The equal treatment mentioned in subsection (6) is the equal treatment of a family member (within the meaning of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004) of a national of a Member State required by Article 24(1) of that Directive. (b) The recognition mentioned in subsection(6) is the recognition required by Article 27 of Council Directive 2004/83/EC of 29 April 2004 of qualifications of a person who is a beneficiary of refugee or subsidiary protection status (within the meaning of that Directive). Further category of nationals from certain other states who are eligible for registration. 16.— (1) A person who wishes to be registered by virtue of satisfying conditions for recognition of his or her qualifications under Chapter I of Title III of the Directive may apply to the Admissions Board for a decision that he or she is eligible to be registered in pursuance of this section. (2) A person who makes an application under this section shall submit the following to the Admissions Board: (a) an attestation of competence issued by another Member State in relation to that person; (b) evidence of formal qualifications; (c) where appropriate, evidence that the person has, on a full time basis, performed duties commensurate with those of an architect for not less than 2 years during the previous 10 years. (3) Subject to the provisions of the Directive, the Admissions Board may request additional information to be submitted by the applicant within a specified period and may require the applicant to appear for an interview if it considers it necessary. (4) Where an interview is required, at least 4 members of the Admissions Board shall be present for the interview. (5) The interview shall be recorded in writing or in such other form as the Admissions Board may decide, and additional information may, subsequent to the interview, be required to be submitted by the applicant to those who conducted the interview. (6) An applicant may be accompanied at the interview by a professional advisor, including a lawyer, but any expense incurred by the applicant in being so accompanied shall be borne by the applicant. (7) In relation to an application under this section, the Admissions Board may seek verification of documents furnished to it in accordance with Article 50 of the Directive. (8) (a) The Admissions Board may require, in accordance with Article 14 of the Directive, that a person who makes an application under this section shall complete an adaptation period of up to 3 years or take an aptitude test. (b) For that purpose, the Admissions Board shall serve a notice on the applicant stating that— (i) the applicant may opt to complete an adaptation period or take an aptitude test (and those alternatives are referred to in subparagraph (iii) as the “2 alternatives”), (ii) if it is an adaptation period the applicant opts to complete, that period shall be of a duration specified in the notice, (iii) if the applicant fails to opt as between the 2 alternatives (and notify, in writing, his or her decision in that regard to the Board within a period specified for that purpose in the notice), the Board shall determine whether to require the applicant to complete an adaptation period or take an aptitude test (and, if it is an adaptation period the Board determines that it shall require the applicant to complete, the duration of that period shall be the same as the duration stated in the notice for the purposes of subparagraph (ii)), and (iv) if the applicant fails, having been registered pursuant to this section, to complete successfully an adaptation period or take and pass an aptitude test which, by virtue of the Directive and this section— (I) he or she has opted to complete or take and pass, or (II) the Admissions Board has required him or her to complete or take and pass, the applicant’s name shall be erased from the register. (9) The Admissions Board shall satisfy itself that the person who makes an application under this section has a knowledge of language necessary for practising architecture in the State. (10) Where the Admissions Board decides— (a) that the applicant is eligible for registration in the register pursuant to this section, it shall take the necessary steps to register the applicant on payment of any applicable registration fee, or (b) that— (i) the applicant is not eligible for registration in the register pursuant to this section, or (ii) without prejudice to subsection (8), the applicant should obtain a knowledge of language necessary for practising architecture in the State, the chairperson shall immediately send a notice in writing to the applicant, by prepaid registered post to the address of the applicant as furnished in his or her application, advising the applicant of the decision, the date on which it was made and the reasons for it. (11) The Admissions Board shall make a decision on whether or not a person is eligible for registration in the register pursuant to this section as quickly as possible and, in any event (but subject to subsection (12)), within 3 months after the date of submission of the completed documentation by the applicant to the Board. (12) If in the particular circumstances of the matter the Admissions Board determines that it is not practicable for it to make the decision referred to in subsection (11) within the period referred to in that subsection it may, by notice in writing sent, by prepaid registered post, to the applicant, extend that period once or more than once (but the period or the aggregate of the periods of such extension shall not be more than one month). (13) (a) If it appears to the Admissions Board that a person who is registered in the register pursuant to this section— (i) has, in a case where subsection (8) applies, failed to complete successfully an adaptation period or take and pass an aptitude test, as the case may be, mentioned in that subsection, or (ii) has, in a case where subsection (10)(b)(ii) applies, failed to obtain the knowledge of language mentioned in that provision, the Admissions Board shall decide that the name of the person shall be erased from the register. (b) If the Admissions Board makes such a decision, it shall direct the Registrar to erase the name of the person from the register; on erasing the name of the person from the register, the Registrar shall forthwith send by prepaid registered post to such person, at the person’s address as stated in the register, notice in writing of the erasure. Fees (Part 3). 17.— (1) A person applying for registration under this Part shall, at the time of applying, pay the specified fee to the registration body and, in addition, as a condition of continuing to be registered, pay a specified annual fee on a date as may be specified by the registration body. (2) Where the Registrar has twice sent a notice by prepaid registered post to a registered professional’s address as given in the register, requesting payment of the annual fee the Registrar may, if the person has not paid the fee within 2 months after sending the second notice, remove the person’s name from the register and thereupon shall send a notice by prepaid registered post informing the person that he or she is no longer registered. (3) Notwithstanding subsection (2), the Registrar may, in cases of verified hardship, waive the requirement to pay a fee under this section, direct that a fee of an amount lesser than the specified amount may be paid for the purposes of this section or remit a fee paid under this section, in whole or in part. (4) Where a person’s name has been removed from the register for non-payment of fees and the person pays the outstanding fees together with any other specified fees, the Registrar shall re-enter the person’s name in the register and it shall be treated as having been re-entered on the date it was removed. Prohibition against using term “architect” unless registered. 18.— (1) Subject to subsections (3) and (4), a person who— (a) not being registered under this Part, uses the title “architect”, either alone or in combination with any other words or letters, or name, title or description, implying that the person is so registered, (b) with intent to deceive, makes use of a certificate issued under this Part to such person or any other person, (c) makes or causes to be made, any false declaration or misrepresentation for the purpose of obtaining registration under this Part, or aids or abets such action, or (d) practises or carries on business under any name, style or title containing the word “architect”, unless he or she is registered under this Part, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both. (2) If the contravention in respect of which a person is convicted of an offence under subsection (1) is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €500. (3) Subsection (1) does not prevent a body corporate, firm or partnership from carrying on business under a name, style or title containing the word “architect” if— (a) the business, so far as it relates to architecture, is under the control and management of a registered professional, and (b) in all premises where its business relating to architecture is carried on, it is by or under the supervision of a registered professional. (4) The use by a person of the words— (a) “landscape architect”, (b) “naval architect”, (c) “architectural technician”, (d) “architectural technologist”, (e) “interior design architect”, or (f) such other words as may be prescribed, to describe himself or herself does not, in and of itself, constitute a contravention of subsection (1). (5) Paragraph (a) or (d) of subsection (1) shall not apply to a person who has— (a) applied for registration under this Part and in respect of whom the Admissions Board or the Technical Assessment Board, as the case may be, has not made a decision on that application (and the person has not withdrawn that application to the board concerned), (b) appealed to the Appeals Board against a decision of the Admissions Board or the Technical Assessment Board on an application referred to in paragraph (a) and in respect of whom the Appeals Board has not made a decision on that appeal (and the person has not withdrawn that appeal to the Appeals Board), or (c) appealed to the High Court against a decision of the Appeals Board referred to in paragraph (b) and in respect of whom the High Court has not made a decision on that appeal (and the person has not withdrawn that appeal to the High Court). (6) The registration body may by rules provide that subsection (3) shall not apply in relation to a body corporate, firm or partnership unless it has provided to the registration body such information, necessary for determining whether that subsection applies, as may be provided for in such rules. (7) For the purposes of this section, a person is not to be regarded as not practising by reason only of that person being in the employment of another person. (8) In this section, “ business ” includes any undertaking which is carried on for fee or reward or in the course of which services are provided otherwise than free of charge. Registrar (Part 3). 19.— (1) The registration body shall appoint a Registrar to be responsible for keeping the register under this Part. (2) The registration body, in addition to paying the Registrar a salary or fee, may pay a pension to the Registrar or make contributions to the payment of a pension, and may pay the Registrar allowances and expenses. (3) The register shall be in such form, including electronic, photographic or other form, as the registration body decides. (4) Where a person has applied for registration in accordance with this Part, if the Admissions Board is satisfied that the person is entitled to be registered, the Registrar shall enter the person’s name in the register. (5) Where a person’s name is entered in the register, the Registrar shall send to the person a certificate stating that the person is registered. (6) Where a person receives a certificate under subsection (5), the person shall forthwith cause the certificate to be displayed at the place where the person practises architecture at all times during which his or her registration continues, but not otherwise. (7) The Registrar shall ensure the register is kept up to date and shall make it available for inspection at the office of the Registrar during normal working hours. (8) A registered professional shall notify the Registrar of any change in the name under which or the address at which he or she carries on business. Removal from register (Part 3). 20.— (1) Subject to subsection (3), a registered professional may apply to the Registrar to have his or her name removed from the register and, on receipt of the application and on payment of the specified fee, the Registrar shall remove it. (2) A person whose name has been removed from the register may apply to the Registrar to have his or her name restored to the register and, on application and payment of the specified fee, but subject to any conditions imposed by the Admissions Board with respect to such restoration, the Registrar shall restore it to the register. (3) Where a complaint is being investigated by the Professional Conduct Committee under Part 6 in relation to a person, no application shall be entertained by the Registrar to remove the person’s name from the register until the investigation has been completed and the Committee has decided what action to take. (4) Nothing in this section shall prevent a Professional Conduct Committee from refusing to restore a person’s name to the register on the grounds of unfitness to practise architecture or attaching conditions to such restoration. (5) Where the Professional Conduct Committee decides to refu …