Building Safety Act 2022 (c. 30)

Part 4 E+W Higher-risk buildings

Appeals etc E+W

103 Appeals against compliance notice etc E+W

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

(2) An appeal may be on the grounds—

(a) that the person has not contravened, is not contravening, or is not likely to contravene, a relevant requirement;

(b) that it is unreasonable to require the person to do any thing specified to be done in the notice.

(3) Where an appeal under subsection (1) is made and the compliance notice is not an urgent action notice—

(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 99(2)(a) 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(ii) ending with the day on which the appeal is finally determined or withdrawn.

(4) Where an appeal under subsection (1) is made and the compliance notice is an urgent action notice—

(a) the appellant may apply to the tribunal for a direction that the compliance 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 compliance notice continues to have effect despite the making of the appeal.

(5) A person to whom a compliance notice has been given may apply to the tribunal for an extension of the period for the doing of any thing specified to be done in the notice.

(6) Subsections (3) and (4) apply to such an application as they apply to an appeal under subsection (1).

(7) In this section “urgent action notice” has the meaning given by section 99(4).

Commencement Information

I1 S. 103 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2 S. 103 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(u)

104 Appeals against decisions of the regulator made under this Part E+W

(1) This section applies in relation to a decision of the regulator—

(a) not to register a building on an application under section 78(1);

(b) to remove a building from the register under section 78(3);

(c) to refuse an application for a building assessment certificate under section 81(3);

(d) to give a direction under section 83(2).

(2) An affected person may appeal the decision.

(3) An appeal may be on the grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(4) In this section “an affected person” means—

(a) in relation to a decision of the regulator mentioned in paragraph (a) or (b) of subsection (1), an accountable person for the higher-risk building (or a person who would be an accountable person for the building if the building were a higher-risk building);

(b) in relation to a decision of the regulator mentioned in paragraph (c) of subsection (1), an accountable person for the higher-risk building;

(c) in relation to a decision of the regulator mentioned in paragraph (d) of subsection (1), the accountable person subject to the direction.

Commencement Information

I3 S. 104 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I4 S. 104 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(v)

105 Appeals against decisions of the regulator made under regulations E+W

(1) This section applies in relation to a prescribed decision of the regulator made under regulations made under this Part.

(2) A prescribed person may appeal to the tribunal against the decision.

(3) An appeal may be made only on prescribed grounds.

Commencement Information

I5 S. 105 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I6 S. 105 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(w)

106 Appeals: supplementary E+W

(1) This section applies in relation to an appeal to the tribunal under section 103(1), 104 or 105.

(2) The tribunal—

(a) must consider afresh the decision appealed against, and

(b) may take into account evidence that was not available to the regulator.

(3) The tribunal may confirm, vary or quash the decision of the regulator.

(4) The Secretary of State may, by regulations—

(a) provide for the suspension during the appeal period of the effect of a notice (other than a compliance notice) given or other thing done by the regulator;

(b) make other provision about the effect during the appeal period of an appeal (including provision conferring powers on the tribunal).

(5) In subsection (4) “the appeal period” means the period beginning with the making of the appeal and ending with the final determination or withdrawal of the appeal.

Commencement Information

I7 S. 106 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I8 S. 106 in force at 1.10.2023 in so far as not already in force by S.I. 2023/993, reg. 2(x)

107 Enforcement of decisions of the First-tier and Upper Tribunal E+W

(1) A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this Part is enforceable with the permission of the county court in the same way as an order of that court.

(2) Subsection (1) does not apply to a decision of the First-tier Tribunal or Upper Tribunal ordering the payment of a sum (as to which see section 28 of the Tribunals, Courts and Enforcement Act 2007 (enforcement)).

Commencement Information

I9 S. 107 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I10 S. 107 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z6)