Cap. 513 Art. 10Relaxation or dispensation of building regulations to specifiedclassesof works or materials. Cap. 12.

(1) If the Board considers that compliance with any requirement of building regulations would be unreasonable in relation to any specified class of building operations, works or material, the Board may, either on an application made to the Board or of its own accord, give a direction dispensing with or relaxing such requirement generally in relation to the type of building, either -

(a) unconditionally; or

(b) subject to compliance with any such condition as may be specified in the direction, being conditions on matters directly connected with the dispensation or relaxation.

(2) A direction under sub-article (1) -

(a) if it so provides, shall cease to have effect at the end of such period as may be specified in the direction; and

(b) may be varied or revoked by a subsequent direction of the Board.

(3) (a) Building regulations may require a person making an application under sub-article (1) to pay the Board any such fee as may be prescribed, and regulations so made may prescribe different fees for different cases.

(b) The Board may, if in agreement in whole or in part with the application, remit the whole or part of a fee payable by virtue of this sub-article.

(4) In addition to the provisions of article 3(9), where the Board gives a direction under sub-article (1), the Board shall write to the Minister informing him of such decision and include the reasons that justify it.

(5) If at any time a direction under sub-article (1) dispensing with or relaxing a requirement of building regulations ceases to have effect in accordance with sub-article (2)(a), or is varied or revoked under sub-article (2)(b), this shall not affect the continued operation of the direction or any conditions specified therein, in any case where before such time, at the commencement of building operations, plans of the proposed work were in accordance with building regulations as applicable to it before the dispensation or relaxation ceased to have effect.

(6) (a) Each decision by the Board shall be reached following a case by case analysis and no decision shall constitute a precedent for other cases, in that each case has to be decided on its own merits.

(b) The Board shall deliver its decision regarding whether it shall issue an order to relax or dispense building regulations, within thirty days from the date of hearing. That decision shall be notified to the parties within fifteen days and shall include the reasons which justify the Board’s conclusion.

(c) The decisions of the Board shall be supported by the majority of its members.

(d) The Board shall, in any case, inform the applicant in writing, with a copy of the decision whether the application for relaxation or dispensation of building regulations has been accepted or not. A copy of such a decision should also be given to any person who submitted a representation before the Board and a copy shall be kept in a register which shall be available for inspection by the public in accordance to article 3(9).

(7) The decisions of the Board shall be final except with respect to points of law, from which there may lie an appeal to the Court of Appeal (Inferior Jurisdiction).

(8) Appeals to the Court of Appeal (Inferior Jurisdiction) from decisions of the Board, as provided for in sub-article (7), shall be made within twenty days from the day the applicant and any person making the representation before the Board is notified with the decision of the Board, and such appeals shall be regulated by such rules of court as may be made in accordance with article 29 of the Code of Organization and Civil Procedure.