Building Act 1984

103 Procedure on appeal or application to [F1magistrates’ court] [F1appropriate court or tribunal].E+W

(1)Where this Act provides—

(a)for an appeal to a magistrates’ court against a requirement, refusal or other decision of a local authority, or

(b)for a matter to be determined by, or for an application in respect of a matter to be made to, a magistrates’ court,

the procedure shall be by way of complaint for an order.

[F2(1A)Subsections (2) and (3) apply—

(a)where this Act provides for an appeal to the tribunal against a requirement, refusal or other decision of a relevant authority, and

(b)in relation to an appeal of a kind mentioned in subsection (1)(a).]

(2)The time within which such an appeal may be brought is 21 days from the date on which notice of the [F3local] [F3relevant] authority’s requirement, refusal or other decision was served upon the person desiring to appeal, and for the purposes of this subsection the making of the [F4application or] complaint is deemed to be the bringing of the appeal.

(3)In a case where such an appeal lies, the document notifying to the person concerned the [F5local] [F5relevant] authority’s decision in the matter shall state the right of appeal to [F6a magistrates’ court] [F6the appropriate court or tribunal] and the time within such an appeal may be brought.

[F7(4)In this section “relevant authority” means a local authority or the regulator.]

Textual Amendments

F1Words in s. 103 heading substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(6); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

F3Word in s. 103(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(3)(a); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F4Words in s. 103(2) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(3)(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F5Word in s. 103(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(4); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F6Words in s. 103(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(s); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)