Building Act 1984

[F1 39A Appeals against compliance notices and stop notices etc E+W

(1) A person to whom a compliance notice has been given may appeal to the appropriate court or tribunal.

(2) Where an appeal under subsection (1) is made—

(a) the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and

(b) the specified period mentioned in section 35B(2) is treated as extended by the period—

(i) beginning with the day on which the appeal is made, and

(ii) ending with the day on which the appeal is finally determined or withdrawn.

(3) A person to whom a compliance notice has been given may apply to the appropriate court or tribunal for an extension of the period for the doing of the thing specified in the notice.

(4) Subsection (2) applies in relation to such an application as it applies in relation to an appeal under subsection (1).

(5) A person to whom a stop notice has been given may appeal to the appropriate court or tribunal.

(6) Where an appeal under subsection (5) is made—

(a) the appellant may apply to the appropriate court or tribunal for a direction that the stop notice is of no effect pending the final determination or withdrawal of the appeal, and

(b) unless and until any such direction is given, the stop notice continues to have effect despite the making of the appeal.]

Textual Amendments

F1 S. 39A inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 38(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(q); S.I. 2023/914, reg. 2(b)(v); S.I. 2023/993, reg. 2(h)