S.I. No. 520/2023 European Union (in - Building Physical infrastructure for High - Speed Electronic Communications) Regulations 2023​

The Requirement: https://www.irishstatutebook.ie/eli/2023/si/520/made/en/print ​

Regulation 3 (1) Where a notice is submitted on or after the date of the coming into operation of these Regulations for:​

 (a) a building which is to be newly constructed, or​

 (b) a building on which major renovation works are to be carried out, including where elements of a building referred to in subparagraph (a) or (b) are under joint ownership, works shall be carried out in such a way so as to ensure that a building is equipped with a high-speed-ready in-building physical infrastructure up to a network termination point​

 (2) Where a notice is submitted on or after the date of the coming into operation of these Regulations for: ​

(a) a multi-dwelling building which is to be newly constructed, or ​

(b) a multi-dwelling building on which major renovation works are to be carried out,​

works shall be carried out in such a manner so as to ensure that the building is equipped, in addition to the high-​

speed ready in-building physical infrastructure up to the network termination point, with an access point .

Where a commencement notice has been submitted on or after 25th October 2023 for buildings or works referred to in ​Regulation 3, the buildings must be provided with infrastructure in the building that will enable Network providers to ​install cabling, with minimal disruption to the fabric of the building, from an access point to the end users termination point. ​

​Technical Guidance where works are carried  out in accordance with the guidance in this document, this will, prima facie,​ indicate compliance with the European Union (In-Building Physical Infrastructure for High-Speed Electronic Communications) Regulations 2023. ​

•A “Dwelling” is defined for Building Control purposes as   –”A house or flat, forming a separate unit of residential accommodation.” S.I. No. 497/1997 Building Regulations 1997 5 Interpretation

All dwellings are subject to Building Control Regulations & Building Regulations unless otherwise exempted within these Regulations. 

•“Building” is defined in the Building Control Act, 1990 Section 1. Interpretation “includes part of a building and any class or classes of structure which are prescribed by the Minister to be a building for the purposes of this Act”,  S.I. No. 497/1997 - Building Regulations, 1997-require that "(1) Every works or building to which these Regulations apply shall be designed and constructed—(a) in accordance with the appropriate requirements set out in the Second Schedule, and (b) in such a manner as to avoid the breaching of any other requirement of that Schedule. (2) No works shall be carried out to a building which would cause a new or greater contravention in the building of any provision of these Regulations," subject to  Section 8. Exemptions  ref,  THIRD SCHEDULE

•THIRD SCHEDULE EXEMPTED BUILDINGS;  which include "temporary dwellings"

a)CLASS 10, A "temporary dwelling" as defined in the Local Government (Sanitary Services) Act, 1948 (No. 3 of 1948) "the expression means any— (a) tent, or (b) van or other conveyance (whether on wheels or not), or (c) shed, hut or similar structure, or (d) vessel on inland waters, (ship, boat, barge or lighter) used for human habitation or constructed or adapted for such use."

b)CLASS 13, A building of a temporary nature erected on a site for a period not exceeding 28 consecutive days or 60 days in any period of 12 months. (NOTE IF OUTSIDE 28 CONSECUTIVE DAYS OR 60 DAYS IN ANY PERIOD OF 12 MONTHS, THE DWELLING CANNOT BE CLASSIFIED AS TEMPORARY & MUST COMPLY WITH THE REQUIREMENTS OF THE BUILDNG CONTROL & BUILDING REGULATIONS).

It should be noted that Building Owners may have other Statutory obligations under other legislation, regarding temporary dwellings.

Non exhaustive list including the Planning & Development Act, The Fire Services Act & the Health Safety & Welfare at Work Act.

If Planning Permission, Fire Safety Certificate, Disability Access Certificate is required for the building or works, then the Building or works must comply with the  Building Control Regulations and the Second schedule to the Building Regulations Parts A-M.