10. Modification or waiver of building regulations
Feedback & supportThe Building Authority may on receipt of an application in relation to any particular building or part of a building and on payment of the prescribed fees modify or waive, subject to such terms and conditions as he thinks fit, any of the requirements of the building regulations.
Every such application shall be made in writing to the Building Authority by or on behalf of the owner of the building or of the part of the building to which the application relates and shall state the nature and extent of and reasons for the proposed modification or waiver of those requirements and shall be accompanied by such plans and other particulars as may be prescribed.
building
“building” includes the whole or any part of any house, hut, shed, enclosure roofed or otherwise or any other structure whether used for the purpose of human habitation or otherwise, and also any wall, shoring, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure, support or foundation connected to the foregoing;
If it appears to the Building Authority on receipt of any such application that the rights or interests of the owner of any premises adjoining the premises in respect of which the application is made would be affected by the modification or waiver desired by the applicant the Building Authority shall serve upon the owner of the adjoining premises a notice of the application at least 7 days before the date on which the application is to be considered stating therein the date of such consideration and informing him of his right to make representations to the Building Authority in accordance with subsection (4).
owner
“owner”, in relation to any premises, means the person for the time being receiving the rent of the premises whether on his own account or as agent or trustee for any other person or as receiver or who would receive the rent if the premises were let to a tenant and includes the person whose name is entered in the Valuation List authenticated under section 15 of the Property Tax Act;
The owner of an adjoining premises on whom a notice has been served under subsection (3) may before the date stated in the notice as that on which the application is to be considered make representations in writing to the Building Authority with respect to the application and the Building Authority shall have regard to any such representations in considering the application.
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
The applicant or the owner of an adjoining premises dissatisfied with the decision of the Building Authority to grant or refuse any application under this section (other than a refusal to modify or waive the requirements of any regulations relating to the stability of a building or structure) or dissatisfied with any condition attached by the Building Authority may appeal to the Minister whose decision shall be final.