Written answers
Tuesday, 8 April 2025
Department of Housing, Planning, and Local Government
Building Regulations
Catherine Connolly (Galway West, Independent)
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648. To ask the Minister for Housing, Planning, and Local Government the extent to which planning authorities are required to consider whether a building can satisfy building control regulations before permission is granted for it to be built; if planning authorities are required to provide measurements for access routes; if a building that requires a disability access certificate may be built in advance of an application for such a certificate; if environmental concerns about car usage take precedence over disability access; and if he will make a statement on the matter. [17548/25]
James Browne (Wexford, Fianna Fail)
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Under section 30 of the Planning and Development Act 2000, as amended ( the Act of 2000), I, in my role as Minister, shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.
A Disability Access Certificate (DAC) is a certificate granted by a Building Control Authority, which certifies that certain works if constructed in accordance with the granted Certificate, will comply with the requirements of Part M (Access and Use) of the Building Regulations 1997 to 2024. A DAC is required for certain classes of buildings or works, as defined by the Building Control Regulations 1997 to 2025.
It is best practice to apply for a DAC prior to work commencing on site in order avoid any expensive remedial works which may delay the occupation and/ or opening of the building. However, a DAC may be applied for after commencing on site, but in no case shall a building be opened, operated or occupied or permitted to do so unless a DAC has been granted or pending determination of an appeals process.
The Planning process and Building Control functions are matters for the relevant local authority to consider on a case by case basis to ensure compliance with the relevant legislation. Where a question arises about legislation it is a matter for the courts to determine and is not a matter in which Ministers of Government have any statutory function.
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