Dromaprop Ltd v Leitrim County Council (Approved) [2024] IEHC 234 (29 April 2024)

Dromaprop Ltd v Leitrim County Council (Approved) [2024] IEHC 234 (29 April 2024)

Leitrim County Council acted unlawfully by invalidating the Certificate of Compliance on Completion outside the statutory time limits and on grounds inconsistent with the express provisions of the Building Control Regulations permitting phased and partial certification. The council's reasoning based on 'collaborative compliance' was not supported by the regulations. The council was under a mandatory obligation to register the certificate after expiry of the statutory period without valid action.

Citation
[2024] IEHC 234
Parties
Applicant: Dromaprop Limited; Respondent: Leitrim County Council
Jurisdiction
Ireland
Judgment Date
29 April 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted
Legal Topics
Building Control Regulations, Certificate of Compliance on Completion, Phased Certification, Ultra Vires, Mandamus, Certiorari
Planning and Environment Administrative Law Building Control Regulations Certificate of Compliance on Completion Phased Certification Ultra Vires Mandamus Certiorari

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Parties

Dromaprop Limited

Applicant

Leitrim County Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Leitrim County Council's decision to invalidate the Certificate of Compliance on Completion was lawful
  2. 2 Whether the council acted outside the statutory time limits
  3. 3 Whether partial certification is permissible under Building Control Regulations

Ratio Decidendi

Leitrim County Council acted unlawfully by invalidating the Certificate of Compliance on Completion outside the statutory time limits and on grounds inconsistent with the express provisions of the Building Control Regulations permitting phased and partial certification. The council's reasoning based on 'collaborative compliance' was not supported by the regulations. The council was under a mandatory obligation to register the certificate after expiry of the statutory period without valid action.

Court Disposition

Application granted

Orders

  • Order of certiorari quashing the council's decision to invalidate the Certificate of Compliance on Completion
  • Order of mandamus directing the council to register the Certificate of Compliance on Completion